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Workers' Compensation News

 

Employer's Witness Properly Stricken Due to Failure to Timely Disclose Identity 05/12/2023
State: LA | Segment: SOUTH | 0 | Popular with Legal
A Louisiana appellate court upheld a decision to strike an employer’s witness due to failure to timely disclose her identity prior to trial. ...Read More
 
 

Employer Fails to Rebut Presumption That Treatment, Injuries Are Linked 05/05/2023
State: NC | Segment: SOUTH | 0 | Popular with Employer
The North Carolina Court of Appeals upheld a determination that an employer failed to produce sufficient competent evidence to rebut a presumption that an injured worker’s treatment expenses were related to a compensable injury. ...Read More
 
 

Estate Fails to Assert Viable Willful Negligence Claim Arising From Fatal Accident 05/04/2023
State: NC | Segment: SOUTH | 0 | Popular with Insurance
The North Carolina Court of Appeals ruled that the president of a furniture manufacturing business should have been granted summary judgment dismissing a civil suit against him by the estate of a worker killed in a freak accident at the company's plant. ...Read More
 
 

Elizabeth Frenzel Joins Injury Management Organization as Medical Director 05/02/2023
State: TX | Segment: SOUTH | 0 | Popular with Legal
Dr. Elizabeth Frenzel recently joined Injury Management Organization Inc. as its new medical director. ...Read More
 
 

Employer Fails to Prove Carrier Wrongfully Denied Coverage for Out-of-State Accident 04/28/2023
State: IL | Segment: NORTH | 0 | Popular with Legal
The Illinois Appellate Court upheld the dismissal of an employer’s challenge to a carrier’s denial of coverage for a West Virginia worker injured in an accident. ...Read More
 
 

Exclusive Remedy Requires Dismissal of Worker's Claim That WCJ Was Celebrity in Disguise 04/27/2023
State: CA | Segment: WEST | 1 | Popular with Legal
A California appellate court upheld the dismissal of a worker’s complaint alleging the judge who denied her workers' compensation claim was a celebrity in disguise, which rendered his decision invalid. ...Read More
 
 

Employer on Date of Worker's Diagnosis Held Liable for Benefits 04/18/2023
State: NY | Segment: Top | 0 | Popular with Insurance
A New York appellate court upheld a determination that the employer at the time a worker was diagnosed with an occupational disease was liable for his benefits, not his latest employer in time. ...Read More
 
 

Exclusive Remedy Doesn't Shield Company From Civil Suit 04/17/2023
State: AR | Segment: SOUTH | 0 | Popular with Insurance
The Arkansas Court of Appeals ruled that the exclusive remedy provision of the workers’ compensation law did not bar a man from pursuing a civil suit against a company co-owned by the owners of his employer. ...Read More
 
 

Estate Asserts Viable Civil Claims Against Employer, Supervisor 04/06/2023
State: NC | Segment: Top | 0 | Popular with Insurance
A divided North Carolina Court of Appeals ruled that the estate of a worker who suffered a fatal crush injury alleged sufficient facts to pursue civil liability claims against the employer and a supervisor. ...Read More
 
 

Employer Can't Use Comp Payments to Offset Worker's Accidental Disability Retirement Benefits 04/04/2023
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court ruled that a self-insured employer was not entitled to reimbursement for the workers’ compensation benefits paid to a retired employee collecting an accidental disability retirement pension. ...Read More
 
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