Blog - Lastest News from Work Comp Staffing Solutions
Employee Can’t Maintain Tort Suit Against Colleague, Employer for Car Accident
A Louisiana appellate court ruled that a school district employee could not maintain a tort action against a colleague and their employer for injuries from a car accident that happened…
Competent Medical Evidence Can Be Used to Assess Impairment for Schedule Injuries
The Kansas Court of Appeals ruled that the state Workers’ Compensation Act does not exclude the use of competent medical evidence when assessing an impairment rating for schedule injuries. Case: Weaver v.
Judge Allows Worker’s Civil Complaint Over Walmart Shooting
For the second time in a month, a Virginia circuit court judge allowed a worker to move forward with a multimillion-dollar civil suit against an employer based on claims arising…
Supreme Court Upholds Closure of Claim
The West Virginia Supreme Court upheld the closure of a worker’s claim based upon allegedly incorrect information. Case: Miller v. Grant County Mulch Inc., No. 22-0228, 11/17/2023, published. Facts: Kevin Miller worked…
Court Tosses Worker’s Attempt to Challenge Apportionment
A New York appellate court dismissed a worker’s appeal of a decision apportioning liability on grounds that he had not been aggrieved by the ruling. Case: Matter of Birro v. Wolkow-Braker…
Law Bars Employee’s Suit Against District
The District of Columbia Court of Appeals ruled that claims against the district as a substitute defendant under one law are barred by the exclusivity provision of another. Case: Colbert v.
No Benefits, New Trial for Self-Represented Worker
A Louisiana appellate court upheld the denial of a self-represented worker’s claim for benefits and motion for a new trial. Case: Bess v. Graphic Packing International LLC, No. 55,313-WCA, 11/15/2023, published. Facts:…
Retail Worker Gets Benefits for COVID Infection, Consequential Stroke
A New York appellate court upheld an award of benefits to a retail worker for his contraction of COVID-19 and consequential stroke. Case: Matter of Aungst v. Family Dollar, No. 536047,…
Insurance Department: Worker Faked Claims for Time Off, Free Health Care
The Idaho Department of Insurance said a woman in Boise who admitted to filing workers’ compensation claims for self-inflicted injuries because she wanted time off work and free health care…
Privette Doctrine Immunizes Property Owner From Liability to Contractor’s Injured Employee
A California appellate court upheld the dismissal of a lawsuit against a property owner by a contractor’s injured employee. Case: Brooks v. One Miracle Property LLC, No. B324231, 11/16/2023, unpublished. Facts: One…
Affiliated Corporations Share Immunity for Injuries to Employees
The South Carolina Court of Appeals ruled that three affiliated corporations effectively operated as a sole economic entity and shared immunity from civil liability for injuries to two employees. Case: Lucas…
Worker Gets Award for Determining Reasonable Attorney Fees
A divided Oregon Court of Appeals ruled that an injured worker was entitled to a reasonable award for determining the proper attorney fee, including reasonable fees incurred before the compensation…