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Carrier’s Fraud Allegations against Bricklayer Show Signs of Mistaken Identity
Carrier’s Fraud Allegations against Bricklayer Show Signs of Mistaken Identity

Case File When a carrier accused a bricklayer of concealing prior injuries, the Workers' Compensation Board found the evidence failed to establish that the prior insurance claims actually involved the claimant. Case Matter of Loja-Saula […]
Handwritten Notes Fail to Preserve Insurer’s Second Injury Fund Claim: N.H. Top Court
Handwritten Notes Fail to Preserve Insurer’s Second Injury Fund Claim: N.H. Top Court

Case File While an insurer included handwritten notations on two memoranda of payment identifying concurrent employment wages, the New Hampshire Supreme Court found the notations insufficient to constitute notice of a potential claim against the […]
Ky. Supreme Court Rejects Fee-First Rule in Employer Subrogation Case
Ky. Supreme Court Rejects Fee-First Rule in Employer Subrogation Case

Case File In Kentucky, an employer is entitled to immediate reimbursement of duplicative workers' compensation benefits, but its recoverable subrogation interest must be reduced by its pro rata share of the employee's attorney's fees and […]
Paying Relocation Expenses Doesn’t Expose Exxon to Liability for Employee’s Commuting Accident
Paying Relocation Expenses Doesn’t Expose Exxon to Liability for Employee’s Commuting Accident

Case File The Louisiana Supreme Court ruled that Exxon was not liable for injuries caused by an employee who was involved in a motor vehicle accident while driving to work after relocating at the company's […]
Costco Worker’s Injury Notches TTD Benefits Thanks to Credible Medical Evidence
Costco Worker’s Injury Notches TTD Benefits Thanks to Credible Medical Evidence

Case File Because substantial credible evidence supported the compensation judge's finding that the work injury exacerbated the worker's knee symptoms, the Appellate Division affirmed an award of medical and temporary disability benefits. Case Munoz v. […]
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine

Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier

Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]