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Safety Boot Requirement Stomps Worker’s Reasonable Accommodation Argument
Safety Boot Requirement Stomps Worker’s Reasonable Accommodation Argument

Case File A worker couldn't get boots to work for her feet that satisfied safety rules, so she couldn't perform the essential functions of her job. Simply Research subscribers have access to the full text […]

  • Oct 08, 2024
  • Frank Ferreri
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits
Colo. Exclusivity Rules don’t Bar Injured Worker from Seeking UM/UIM Benefits

Case File Colorado's top court decided that an employee injured in the course of his employment by the acts of an uninsured or underinsured third-party tortfeasor, and who receives workers' compensation benefits as a result, […]

  • Oct 08, 2024
  • Frank Ferreri
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness

Case File A medical expert's conclusion based on a "reasonable degree of medical certainty" was enough to establish a causal link between a worker's using a required N95 mask on the job and her respiratory […]

  • Oct 07, 2024
  • Frank Ferreri
Old Fla. Case Links Workers’ Compensation Coverage to Immunity
Old Fla. Case Links Workers’ Compensation Coverage to Immunity

Case File Those who have access to Florida Compliance Summaries on Simply Research know that among the types of claims that are subject to third party suit and subrogation in the Sunshine state are cases […]

  • Sep 18, 2024
  • Frank Ferreri
Ky. Top Court Upholds ALJ’s Psychological Impairment Conclusion
Ky. Top Court Upholds ALJ’s Psychological Impairment Conclusion

Case File A contingent MMI finding regarding a worker's psychological injury was a reasonable basis for an ALJ to set a 20% impairment rating despite other evidence showing a conflicting possibility. Simply Research subscribers have […]

  • Sep 06, 2024
  • Frank Ferreri
Preexisting Injuries Pose No Problem for W.Va. Mechanic’s Claim
Preexisting Injuries Pose No Problem for W.Va. Mechanic’s Claim

Case File The West Virgina top court upheld an Office of Judges' decision that found in a worker's favor on the basis that the employer didn't connect the dots between an alleged preexisting condition and […]

  • Aug 05, 2024
  • Frank Ferreri
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