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Workers' Compensation News

 

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
 
 

Employer Can Transfer Venue From County of Worker's Residence 03/23/2023
State: AL | Segment: SOUTH | 0 | Popular with Legal
The Alabama Court of Civil Appeals ruled that an employer was entitled to have a workers’ compensation action against it transferred from the county where the employee lived to the county where the alleged accident happened. ...Read More
 
 

Ex-Wife of Firefighter Can't Get His Pension Benefits After Dissolution Was Vacated 03/20/2023
State: IL | Segment: Top | 0 | Popular with Insurance
The Illinois Appellate Court ruled that the ex-wife of a deceased firefighter was not entitled to his pension benefits even though their dissolution of marriage was set aside. ...Read More
 
 

Employer Gets Dismissal of Claims for Indemnification, Contribution 03/15/2023
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that an injured worker’s employer was not subject to liability for contribution and indemnification to a defendant the worker sued for on-the-job injuries. ...Read More
 
 

Employer Can't Apportion Permanent Disability to Preexisting Condition 03/13/2023
State: IA | Segment: NORTH | 0 | Popular with Insurance
The Iowa Court of Appeals ruled that an employer was not entitled to apportion a worker’s permanent impairment to a preexisting degenerative condition. ...Read More
 
 

Exclusive Remedy Doesn't Bar Suit Over Mass Shooting, but Negligence Claims Fail 03/06/2023
State: MD | Segment: Top | 0 | Popular with Legal
The Maryland Appellate Court ruled that the exclusive remedy rule did not bar three workers from maintaining a tort suit against a warehouse operator arising from a mass shooting as a matter of law, but their claims failed because they could not show the attack was a reasonably foreseeable event....Read More
 
 

Employer Can't Present New Evidence to Challenge Liability 02/21/2023
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court ruled that the Workers’ Compensation Board properly declined to review documentary evidence that an employer failed to present at a hearing on liability for a worker's benefits. ...Read More
 
 

Employer Gets Summary Dismissal of Injured Employee's Deliberate Intention Claim 02/09/2023
State: OH | Segment: NORTH | 0 | Popular with Employer
An Ohio appellate court upheld the dismissal of a worker’s deliberate intention claim against his employer for his injuries from falling out of a broken chair. ...Read More
 
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