Workers' Compensation News
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Employer's Failure to Repair or Replace Safety Guard Does Not Constitute 'Removal' | 07/13/2023 | |
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| State: OH | Segment: Top | 0 | Popular with Legal | |||
| An Ohio appellate court ruled that an employer should have been granted summary judgment dismissing an employee’s intentional tort claim because its failure to repair or replace safety guards on its equipment did not demonstrate an intent to injure. ...Read More | |||
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Exclusivity Doesn't Bar Family's Claim Against Employer for Asbestos Exposure | 07/13/2023 | |
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| State: KY | Segment: SOUTH | 0 | Popular with Insurance | |||
| The Kentucky Court of Appeals ruled that the exclusive remedy of the Workers’ Compensation Act did not bar a tort suit by the family of a woman who died from mesothelioma. ...Read More | |||
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Evidence of Crime Victim's WC Claim Not Relevant to His Credibility | 07/10/2023 | |
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| State: MD | Segment: SOUTH | 0 | Popular with Legal | |||
| The Appellate Court of Maryland upheld the conviction of a motorist for intentionally striking a municipal worker with his vehicle, ruling that evidence of the worker’s use of workers’ compensation coverage for treatment was irrelevant to his credibility. ...Read More | |||
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En Banc WCAB Clarifies Requirements for Apportionment by Reporting Physicians, Vocational Experts | 06/26/2023 | |
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| State: CA | Segment: Top | 0 | Popular with Legal | |||
| The California Workers’ Compensation Appeals Board last week issued an en banc decision clarifying the requirements for doctors and vocational experts to properly opine on apportionment. ...Read More | |||
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Exclusive Remedy Bars Worker's Negligent Supervision Claim | 06/21/2023 | |
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| State: IA | Segment: Top | 0 | Popular with Insurance | |||
| The Iowa Supreme Court ruled that a worker’s claim of negligent supervision for failure to protect her from assault and battery by her supervisor was barred by the exclusivity provisions of the Iowa Workers' Compensation Act. ...Read More | |||
| Entertainment Company Fined $109,375 for Fatal Fireworks Explosion | 06/13/2023 | ||
| State: FL | Segment: SOUTH | 0 | Popular with Insurance | |||
| The U.S. Occupational Safety and Health Administration fined a Florida entertainment company $109,375 for violations it says contributed to a December 2022 explosion that killed four workers and sent a fifth worker to the hospital. ...Read More | |||
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Emergency COVID Order Tolls Time for Worker to Request Hearing | 06/06/2023 | |
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| State: GA | Segment: Top | 0 | Popular with Insurance | |||
| The Georgia Court of Appeals ruled that the five-year statutory deadline for a worker to request a hearing on her claim was tolled by the statewide judicial emergency orders issued in response to the COVID-19 pandemic. ...Read More | |||
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Employer Can't Avoid Additional Premium Calculated by Carrier After Audit | 06/02/2023 | |
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| State: GA | Segment: SOUTH | 0 | Popular with Insurance | |||
| The Georgia Court of Appeals overturned a trial judge’s finding that an employer did not owe the additional premiums calculated by his insurance carrier after auditing his tax returns and list of subcontractors. ...Read More | |||
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Evidence of Visit to Authorized Treating Physician Not Enough to Toll Statute of Limitations | 06/05/2023 | |
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| State: FL | Segment: Top | 0 | Popular with Legal | |||
| A Florida appellate court ruled that a worker’s visit to a carrier-authorized provider by itself, without proof that the visit was in connection with care for a compensable injury, is not enough to demonstrate tolling of the statute of limitations for her to file a new petition for benefits...Read More | |||
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Employer's Notice of Medical-Only Compensation Payable Serves to Revoke Prior NTCP | 05/31/2023 | |
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| State: PA | Segment: Top | 0 | Popular with Insurance | |||
| The Commonwealth Court of Pennsylvania ruled that an employer’s notice of temporary compensation payable was properly amended when the employer issued a notice of medical-only compensation payable to the worker. ...Read More | |||
