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Workers' Compensation News

 

Employer Forfeits Appointments Clause Challenge to ALJ 07/14/2022
State: NA | Segment: NATIONAL | 0 | Popular with Legal
A federal appellate court ruled that an employer forfeited its constitutional challenge to the appointment of the administrative law judge presiding over a worker’s claim for black lung benefits. ...Read More
 
 

Employer Sanctioned for Closing Claim Without Attending Physician 07/07/2022
State: OR | Segment: Top | 0 | Popular with Insurance
The Oregon Court of Appeals upheld a determination that an employer unreasonably closed a worker’s claim when she did not have an attending physician. ...Read More
 
 

Employee Who Slipped on Excrement Can Proceed With Personal Injury Claim 06/24/2022
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that a worker who slipped on feces concealed in water that had flooded a break room could proceed with his personal injury claim against the alleged owner of the premises. ...Read More
 
 

Employer Can Be Designated as Responsible 3rd Party in Worker's Tort Suit 06/21/2022
State: TX | Segment: SOUTH | 0 | Popular with Insurance
The Texas Supreme Court ruled that a defendant in an injured worker’s tort action should have been allowed to designate his employer as a responsible third party. ...Read More
 
 

Employer Can't Transfer Liability for Death Benefits Claim to Special Fund 06/17/2022
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that an employer could not transfer liability for a death benefits claim to the Special Fund for Reopened Cases, even though the fund was liable for the deceased worker’s original disability benefits. ...Read More
 
 

Editorial Criticizes 'Cruelty' of Court Denying Presumption Claim 06/15/2022
State: FL | Segment: SOUTH | 0 | Popular with Legal
The editorial board for the South Florida Sun-Sentinel on Tuesday criticized the state’s 1st District Court of Ap...Read More
 
 

Employer Gets Dismissal of Indemnification Action 06/09/2022
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that an allegedly injured worker’s employer was entitled to dismissal of a third-party indemnification action against it. ...Read More
 
 

Employer's Parent Company Shares Civil Immunity for Sawmill Worker's Fatal Accident 05/27/2022
State: AR | Segment: SOUTH | 0 | Popular with Legal
The Arkansas Court of Appeals ruled that the parent company of a worker’s direct employer was immune from civil liability for his fatal on-the-job accident. ...Read More
 
 

Employer Can't Withhold Payments From Worker for Failure to File Form 05/25/2022
State: PA | Segment: NORTH | 0 | Popular with Insurance
The Commonwealth Court of Pennsylvania upheld the imposition of a penalty for an employer’s failure to pay benefits to an injured employee despite the employee’s failure to file a wage and benefit reporting form. ...Read More
 
 

Elevator Mechanic's Fatal Accident Doesn't Fall Within Ambit of Labor Law 05/23/2022
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that a Labor Law claim for an elevator mechanic’s fatal accident should have been dismissed, since his death was not caused by the force of gravity, but by the normal operation of the elevator. ...Read More
 
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