Court Revives Mechanic’s Claim From Car Accident
A Texas appellate court overturned a denial of a mechanic’s claim for injuries from a car accident that occurred as he was driving to his employer’s shop to check some…
Exclusive Remedy Doesn’t Shield Company From Civil Suit
The Arkansas Court of Appeals ruled that the exclusive remedy provision of the workers’ compensation law did not bar a man from pursuing a civil suit against a company co-owned by…
Staffing Company, Employee Not Liable for Injury
A divided Mississippi Court of Appeals ruled that a staffing company and its employee were entitled to summary judgment dismissing a tort claim by an injured worker who was a…
Split Supreme Court Upholds Denial of PTD Benefits for Knee Injury
A divided West Virginia Supreme Court upheld a denial of permanent disability benefits to a mine worker for a knee injury.
Case: Lucas v. Blue Creek Mining LLC, No. 21-0655, 04/05/2023,…
Reverse and Remand Common Outcome Among High Courts Addressing Jurisdiction
To err is human, to forgive is divine… and to reverse and remand is judicial, at least for state supreme courts tackling jurisdictional issues this year.
Texas
In March, the Texas Supreme…
Committee Approves PTSD Presumption for State Nurses, Psychiatric Techs
The Assembly Insurance Committee unanimously passed a bill that would establish a rebuttable presumption that post-traumatic stress disorder is a compensable workplace injury for nursing staff providing care to California…