Worker’s Compensation Personal Injury

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California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

Low Back Pain: Work-Related or Not?

Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back...more

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

U.S. Tax Court Decision Shows Importance of Carefully Drafting Settlement Agreements

In Sharp v. Commissioner, the United States Tax Court once again demonstrated the importance of carefully crafting settlement agreements and reaffirmed that emotional distress damages are taxable income to the recipient....more

Four Railroad Workers Injured, Three Trains Collided, Two Critically Injured, One Way to Compensation

A recent three-train collision in Texas left four crew members injured. A BNSF Railway train slammed into the back of a stopped train ahead before a third train collided with the two, totaling about 20 to 30 derailed cars....more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

New York’s Highest Court Reverses Itself on Prior Damages-Limiting Decision

In the first Maria Auqui v. Seven Thirty One Limited Partnership et al. (Auqui) decision earlier this year (February 14, 2013), the Court of Appeals held that when a Workers' Compensation Board (WCB) decision sets forth the...more

Is That Covered? Holiday Parties

Let's say that you are having a Holiday party (with alcohol served) at your home, or you are a business owner and have a voluntary "company" party for your employees. If someone becomes "visibly intoxicated" at your party,...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

Snakes On A Plane: Surprising Reasons Flying Is Dangerous

Flying is dangerous. It’s a fact that Hollywood directors are all to happy to remind us about as they fill movie screens with fiery crashes, midair explosions and some pretty creative catastrophes like, say, an entire...more

Airline Employees Need To Report Any Injuries Immediately

It is not an uncommon experience for an injury that seems minor to gradually worsen over the course of a couple of hours or even a few days. However, in the case of a San Francisco pilot or flight attendant, this fairly...more

North Carolina Court Bars Injured Employee’s Civil Lawsuit Against Employer, Again…

In North Carolina the redress for an on-the-job injury is strictly limited to the “exclusive remedy” provision of the NC’s Workers’ Compensation Act. Under this Act, jurisdiction is given to the NC Industrial Commission and...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

What Are My Options if a Family Member Was Killed in a Workplace Accident?

A 66-year-old golf course employee was killed recently while working at Cherry Wood Golf Course in Bell Township. Dennis Miller was mowing the 14th hole when something caused the tractor pulling the mower to tilt backward....more

Third Party Claims For Work Related Injuries

Washington state law prevents employees from suing their employers for on-the-job injuries and limits employer liability to paying L&I compensation. This law, however, does not prevent an injured employee from suing a party...more

What Is the Difference Between Personal Injury and Workers’ Compensation in Florida?

Accidents can happen anywhere at any time. In Florida, 227,998 vehicle crashes resulted in 2,400 deaths and 181,654 injuries in 2011. That same year, 227 workplace fatalities occurred in the state. State and federal law...more

What Constitutes Fraud Under NJ Workers’ Compensation Law?

A simple definition of workers’ compensation fraud is any activity that prohibits the fair payment of valid claims for workplace injuries or illnesses. However, it is important to understand that fraud can be used to collect...more

Construction Site Injuries: Defining Third-Party Claims

Earlier this year, a crane collapsed onto a construction site in Queens, New York, seriously injuring seven workers, three of who were pinned. Although the employees worked for a subcontractor called Cross Country...more

Retailer Liability - NY Court Clarifies Type of Cleaning Governed by "Scaffold Law"

Today, New York's highest court issued a decision that affects an injured worker's right to compensation under Labor Law Section 240, an absolute liability statute feared by many New York property owners and their contractors...more

Indiana Court Clarifies Rights of Volunteer to Bring Claim Outside of Worker’s Compensation & Reach of Equine Activity Statute

This week we examine the issues of whether a volunteer who accepts medical benefits under a worker's compensation policy is bound to the Indiana Worker's Compensation Act for exclusive recovery. We also examine the Indiana...more

Can Willful Negligence Affect My Right To Workers’ Compensation Benefits?

Negligence plays a role in most on-the-job injuries that qualify for Workers’ Compensation benefits under New Jersey law. In fact, one of the reasons for Workers’ Compensation is to help ensure that injured workers receive...more

Argument Report: Illinois Supreme Court Debates the "Traveling Employee" Exception

Last week, the Illinois Supreme Court seemed poised to reject an expansive interpretation of the "traveling employee" exception to the "going and coming" rule, which holds that employees injured during their commute to work...more

The Rules Of Horseplay

When you think about getting hurt on the job, you probably think of things like machinery, vehicles, chemicals, and heavy objects. You probably don’t think about your crazy co-workers — they might get on your nerves, but they...more

Man and Son-in-Law Killed by Toxic Gas Exposure

A man and his son-in-law were killed in an oilfield-related accident recently one mile northeast of Clafin, Kansas. The man was fixing a leaky valve and asked his son-in-law to bring him additional parts. Unfortunately, both...more

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