Where a restaurant worker initially sustained a back injury as he moved a heavy pot of chili and he was subsequently advised in writing not to lift anything without the restaurant owner’s express direction, his repeated unauthorized actions of lifting... Read More
An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave... Read More
The Supreme Court of Illinois held that in a retaliatory discharge action, the burden of proof is on the discharged employee to show that the employment was terminated and that the termination was in retaliation for the employee’s actions, that... Read More
Affirming a trial court’s entry of a judgment against a former employer for $412,680 in compensatory and punitive damages in a former employee’s retaliatory discharge action, an Indiana appellate court held that there were issues of fact as... Read More
This post is a salute to Andy Carmine, who recently made partner at Elzufon, Austin, Tarlov & Mondell, which represents a collection of talented lawyers and some of my favorite people. I told Andy that I wanted his next IAB decision for the blog,... Read More
Where an employee told her supervisor that she was quitting and she fell on her way out of the employer’s store, she was nevertheless entitled to workers’ compensation benefits for her injuries since her employment included incidents that... Read More
A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon... Read More
This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and... Read More
Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits... Read More
In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be... Read More
An employer’s decision to terminate an employee for excessive non-business Internet use during working hours was not a “mere pretext” where the employer requested a “Websense” report—a technician’s special report... Read More
CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More
You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the... Read More
A 48-year old car salesman who fell on the employer's lot after he was fired can collect comp benefits in Missouri because his injury occurred within a reasonable time after his termination. The Commission recently awarded nearly $400,000. Hartman... Read More
Okay, so first I am going back on my promise that Monday's post was the last one of 2011. I have to comment one more time before Baby New year shows his face. For some background on today's topic, check out my posts of 10/25/11 [ "Reversal... Read More