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Workers' Compensation News

 

Court Ignores City's Inadequate Briefing, Finds Partial Record Enough to Allow Review of Award 03/09/2023
State: TN | Segment: SOUTH | 0 | Popular with Employer
A divided Tennessee appellate court elected to ignore the deficiencies in a municipal employer’s briefing to address the merits of a dispute with a former employee and find the partial administrative record was adequate to allow a trial judge to review the propriety of an award. ...Read More
 
 

Court Rejects Intentional Tort Claim by Worker Who Fell From Dangerously Overloaded Scaffold 03/09/2023
State: NM | Segment: WEST | 0 | Popular with Legal
The New Mexico Court of Appeals ruled that a grievously injured worker failed to assert a viable intentional tort claim against his employer for sending him to work on a dangerously overloaded scaffold that collapsed. ...Read More
 
 

Court Differentiates Analysis for Determining 'Employer' Status From That for 'Employee' Status 03/09/2023
State: MI | Segment: NORTH | 0 | Popular with Employer
The Michigan Court of Appeals revived a worker’s negligence claims against the company that paid him benefits for an on-the-job injury, finding a trial judge used the wrong analysis to determine if he was an employee of the business. ...Read More
 
 

Court Reinstates Injured Worker's Claims for Battery, IIED Against Employer 03/08/2023
State: CA | Segment: WEST | 0 | Popular with Legal
In a second opinion addressing the facts surrounding a worker’s termination, a California appellate court ruled that the worker can proceed with claims for battery and the intentional infliction of emotional distress against his former employer and its chief executive. ...Read More
 
 

Comp Carrier Gets Summary Judgment Dismissing Claim for Equitable Contribution 03/07/2023
State: CA | Segment: Top | 0 | Popular with Legal
A California appellate court ruled that a workers’ compensation insurance carrier should have been granted summary judgment dismissing an equitable contribution claim filed by the commercial general liability insurance carrier for a mutual insured. ...Read More
 
 

Confirmation Hearing Wednesday for WCAB Commissioners Capurro, Razo 03/07/2023
State: CA | Segment: WEST | 1 | Popular with Legal
The California Senate Rules Committee is holding a confirmation hearing for Workers’ Compensation Appeals Board Commissioners Joseph Capurro and Jose H. Razo on Wednesday. ...Read More
 
 

Comp Bills on Agenda for March 22 Hearing 03/07/2023
State: CA | Segment: WEST | 0 | Popular with Legal
The California Assembly Insurance Committee is scheduled to hear testimony March 22 on bills that would allow work comp carriers to continue paying benefits with prepaid debit cards and add San Diego boat safety officers to the list of first responders eligible for a presumption that certain cond...Read More
 
 

Court Tosses Injured Worker's Retaliatory Termination Claim 03/07/2023
State: TX | Segment: SOUTH | 0 | Popular with Legal
A Texas appellate court ruled that a trial judge should have granted an employer’s motion for summary judgment dismissing an injured worker’s retaliatory termination claim. ...Read More
 
 

Court Upholds Denial of Worker's Request to Revisit Fraud Finding 03/06/2023
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court upheld the denial of a worker’s request for the Workers’ Compensation Board to revisit its determination that he had misrepresented the degree of his disability and involvement in work activities. ...Read More
 
 
Court Partially Reinstates Invalidated Agency Rule on Supplemental Income Benefits 03/03/2023
State: TX | Segment: Top | 0 | Popular with Legal
A Texas appellate court upheld a determination that an agency rule regarding eligibility for workers' compensation supplemental income benefits was invalid, but reinstated a second rule. ...Read More
 
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