Workers' Compensation News
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Justices: Debate Exists if Job Offer 'Made in Good Faith'
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10/01/2007
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State: OH | Segment: Courts | 0
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A workers' compensation commission needs to determine if a light-duty offer was "made in good faith," the Ohio Supreme Court ruled.
Neither party disputed Susan B. Hudgel's inability to return to her former position of employment in Ellis Super Valu Inc. v. Industrial Commission of Ohi...Read More
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Justices Find $0 Award for Pain Inadequate
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09/25/2007
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State: VT | Segment: Courts | 0
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A woman who suffered cervical spine injuries deserves a new trial because a jury's pain-and-suffering award of zero dollars was "grossly inadequate," the Vermont Supreme Court ruled.
" ... Although there is no evidence of compromise apart from the verdict itself, we conclude that the inco...Read More
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Justices: No Benefits for Murdered Truck Driver's Widow
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09/24/2007
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State: MS | Segment: Courts | 0
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The Supreme Court of Mississippi found that the widow of a drunken truck driver kidnapped and murdered after a stop at a bar should not receive death benefits.
In Total Transportation v. Shores, 2005-CT-01951-SCT, 09/19/2007, the justices found that Phillip Shores did not take a s...Read More
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Justices: Reverse ALJ That Didn't Address All Claims
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09/24/2007
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State: KY | Segment: Courts | 0
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The Kentucky Supreme Court ruled that a board can and should reverse an administrative law judge that does not address issues concerning disability addressed by the plaintiff.
In Sidney Coal Co. Inc. v. Huffman, 2006-SC-000849-WC , 09/20/2007, the Supreme Court of Kentucky ruled t...Read More
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Justices Require State, not Federal, Claim for Notice
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09/19/2007
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State: CT | Segment: Courts | 0
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An employee's failure to file a state workers' compensation claim precludes his wife from receiving death benefits, the Connecticut Supreme Court ruled.
The justices found that the decedent's timely filing of a federal workers' compensation claim did not satisfy the statutory requirement...Read More
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Justices OK Cop's Tort against County for Pursuit Injury
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09/17/2007
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State: WA | Segment: Courts | 0
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The Washington justices gave the go-ahead to a police officer suing his department after being hit by another squad car in the course of a highway pursuit.
Officer Curtis Beaupre's recovery for his injuries sustained are due to an "intervening party" -- the other officer who knocked Beau...Read More
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JHA Releases Midyear Group Disability Survey
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09/14/2007
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State: NA | Segment: Business | 0
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JHA released Thursday the results of the 2007 JHA U.S. Group Disability Mid-Year Market Survey.
Survey results indicate that combined U.S. group disability mid-year sales premium (LTD & STD) increased approximately 15% compared to midyear 2006, to roughly $1.3 billion.
New sa...Read More
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Justices: Worker Should Have Fought Subrogation in Ore.
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09/14/2007
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State: MT | Segment: Courts | 0
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A truck driver employed in Oregon but who slipped on diesel fuel in Montana must comply with Oregon's order to subrogate his tort settlement, the Montana justices ruled.
In Martin v. SAIF Corp., DA 06-0062, 09/12/2007, the Montana Supreme Court based its decision on the U.S. Const...Read More
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Judge Asks Sides in Texas Stop-Loss Case to File Briefs
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09/12/2007
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State: TX | Segment: Courts | 0 | Popular with Legal
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Briefs are due Oct. 5 in the Travis County district court lawsuit over interpretation of the stop-loss provision in the Texas Division of Workers' Compensation hospital fee guideline.
Travis County 353rd District Court Judge Margaret Cooper heard two days of arguments and testimony in the...Read More
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Justices: Other Employers Didn't Know Claimant's Limits
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09/11/2007
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State: SD | Segment: Courts | 0
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Employment alternatives for injured workers must be based on job searches that include an employee's capabilities and limitations, the South Dakota Supreme Court held.
In Eite v. Rapid City Area School District, 24178, 09/05/2007, the Supreme Court of South Dakota wrote that the e...Read More
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