worker Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its… Full Article
worker No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
worker Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
worker Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,… Full Article
worker Worker Gets No TTD for Time After Termination Until Back Surgery By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he… Full Article
worker Worker's PTD Claim Sent Back to Judge for Further Findings By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v. Full Article
worker Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter… Full Article
worker Court Upholds Award for Worker With Cumulative Trauma Back Injury By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper… Full Article
worker Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
worker Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd… Full Article
worker Court Remands Worker's PTD Claim for Fourth Time By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:… Full Article
worker Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United… Full Article
worker Court Upholds Denial of Coverage for Worker's Opioid Medication By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy… Full Article
worker Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for… Full Article
worker Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
worker Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
worker JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,… Full Article
worker Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered… Full Article
worker Court Upholds Worker's Entitlement to Further Medical Care By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial… Full Article
worker Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
worker Worker's Request for Hearing Dismissed as Untimely By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier… Full Article
worker ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due… Full Article
worker Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a… Full Article
worker Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America… Full Article
worker Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence… Full Article
worker Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article
worker Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio… Full Article
worker Court Upholds Denial of Worker's Claim for PTD By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly… Full Article
worker Supreme Court Reinstates PTD Award for Worker With Back Injury By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino… Full Article
worker Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:… Full Article
worker High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing… Full Article
worker No Benefits for Worker Injured in Fall From Ladder By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v. Full Article
worker Court Revives Civil Suit Over Worker's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a… Full Article
worker Court Upholds Denial of Worker's Request to Modify Award By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No. Full Article
worker Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William… Full Article
worker Worker Fails to Show Good Cause for Delayed Prosecution of Claims By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for… Full Article
worker Worker Fails to Prove Employer's Payroll Met Threshold for Coverage By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v. Full Article
worker State Fund Must Pay for Continuing Treatment of Worker's Injury By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out… Full Article
worker If my business sponsors an overseas worker on a Temporary Skill Shortage (482) visa, can they work for another employer? By visaaustralia.com.au Published On :: Tue, 24 Sep 2024 03:43:19 +0000 When a Temporary Skill Shortage (TSS) visa (subclass 482) is granted by the Department of Home Affairs it come with a mandatory condition, Condition 8107. This condition governs the visa holder’s employment arrangements and ensures that they adhere to the requirements of the visa. While holding a TSS visa the individuals work rights were generally […] The post If my business sponsors an overseas worker on a Temporary Skill Shortage (482) visa, can they work for another employer? appeared first on Australian Visa Experts. Full Article News 482 visa Condition 8107 employment arrangements temporary workers TSS visa TSS visa holder visa requirements work rights worker exploitation
worker Heavily Used Pesticide Linked to Breathing Problems in Farmworkers’ Children By www.ecology.com Published On :: Thu, 31 Aug 2017 20:52:19 +0000 By Brett Israel UC Berkeley News Elemental sulfur, the most heavily used pesticide in California, may harm the respiratory health of children living near farms that use the pesticide, according to new research led by UC Berkeley. In a study … Continue reading → Full Article Agriculture California children's health EPA standards industrial agriculture pesticides
worker Los Angeles Publishes ‘Model Contract’ Under Freelance Worker Protections Ordinance By www.littler.com Published On :: Fri, 13 Sep 2024 17:24:22 +0000 Blair C. Senesi and Jaime B. Laurent examine the City of Los Angeles’ “Model Contract” under the Freelance Worker Protections Ordinance (FWPO) and explain what it means for employers. SHRM View (Subscription required) Full Article
worker Temporary foreign worker awarded $300,000 for workplace abuse, but denied tort of labour trafficking By www.littler.com Published On :: Tue, 07 Feb 2023 15:22:42 +0000 Rhonda Levy comments on an Ontario Supreme Court ruling in which the court struck down a claim made by a temporary foreign worker seeking damages against his employer for the statutory tort of human trafficking. Law Times View Full Article
worker Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals By www.littler.com Published On :: Wed, 07 Aug 2024 19:32:21 +0000 The Third Circuit agreed with the lower court that a preliminary injunction was not warranted to block New Jersey’s Temporary Workers Bill of Rights (the “Bill of Rights”) in a challenge by industry groups. The appellate court ruled that the Bill of Rights does not unlawfully burden out-of-state businesses or exceed the state’s police power, and is not unlawfully vague. Full Article
worker Stryker Worker Appeal Puts Focus on Early Leave for Child Birth By www.littler.com Published On :: Tue, 21 May 2024 21:49:42 +0000 Jeff Nowak says this case will test when workers can take federal job-protected leave prior to a baby’s arrival and won’t drastically change life as we know it because employers are overwhelmingly supportive of their employees’ FMLA rights. Bloomberg Law View (Subscription required.) Full Article
worker Total Recall? Key Takeaways on the Nevada Hospitality and Travel Workers Right to Return Act By www.littler.com Published On :: Thu, 24 Jun 2021 13:39:15 +0000 The Governor of Nevada recently signed into law Senate Bill 386, which is Nevada’s version of the trending “return to work” or “right to recall” laws being passed in other jurisdictions throughout the country in response to the COVID-19 pandemic. These laws typically require that employees who were laid off due to the pandemic be given priority to be offered their former jobs before external candidates are considered. Nevada’s law, the Nevada Hospitality and Travel Workers Right to Return Act (“the Act”), does not apply to all businesses, but generally to such businesses that were most a Full Article
worker West Hollywood, California Adopts Comprehensive Hotel Worker Ordinance with Right to Recall By www.littler.com Published On :: Thu, 05 Aug 2021 22:07:19 +0000 Over the past few years, cities have started to implement workplace regulation, an area previously reserved to federal and state governments. The hotel industry, which often is one of the primary drivers of a local economy, has been a particular focus. Full Article
worker Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires By www.littler.com Published On :: Wed, 15 Mar 2023 19:26:19 +0000 On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced Notice in Context of Mass Termination Full Article
worker Ontario, Canada Introduces Bill 79, Working for Workers Act, 2023 for First Reading By www.littler.com Published On :: Thu, 23 Mar 2023 15:58:41 +0000 On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading. Full Article
worker Ontario, Canada’s Bill 79, Working for Workers Act, 2023 Is Now in Force By www.littler.com Published On :: Thu, 09 Nov 2023 21:18:13 +0000 On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA) and the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). ESA Amendments Bill 79 made the following amendments to the ESA: Full Article
worker New York, Calif. Bills Would Give Nonunion Workers More Say By www.littler.com Published On :: Tue, 08 Feb 2022 17:58:21 +0000 Michael Lotito weighs in on a New York measure that would establish a policy-making council that would set rules on pay, safety and working conditions "as reasonably necessary" to protect worker welfare. Law360 Employment Authority View (Subscription required.) Full Article
