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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 […]
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes

Case File Although a North Carolina corporation was cited for a previous heat-related death, its failure to follow a series of steps that could have prevented a worker's heatstroke didn't show "intentional" conduct sufficient to […]
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim

Case File When a fire inspector/firefighter attempted to claim that he was traveling from one inspection site to another, an email and a map conspired to defeat his argument that he was on the clock […]
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs

Case File Suspension of a workers' compensation claim during the period in which the claimant fails to cooperate is the only available sanction when an employee obstructs an Independent Medical Examination. The Utah Supreme Court […]
Mass. Top Court Orders Insurance Commissioner to Explain 14.6% Workers’ Comp Rate Cut
Mass. Top Court Orders Insurance Commissioner to Explain 14.6% Workers’ Comp Rate Cut

Case File Although the Massachusetts insurance commissioner was entitled to depart from WCRIB's ratemaking methodology, he failed to adequately explain how he arrived at a 14.6% rate decrease. Case Workers' Compensation Rating and Inspection Bureau […]