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First District Court finds that judge of compensation claims abused his discretion in rejecting terms of employment contract as the contract expressly provided claimant would receive his salary only during the five-month championship playing season.
The claimant signed a seven-year Minor League Uniform Contract. Per the contract, his salary at the time of his accident was $1,500 per month to be paid over the five-month championship playing season.
What’s Hot in Workers’ Comp, Vol. 28, No.
Because plaintiff’s reason for remaining at defendant’s premises was purely personal and location of accident was not determinative, Appellate Division reversed and vacated the order granting summary judgment to defendant.
The plaintiff was a Certified Nursing Assistant working for Hackensack University Medical Center (HUMC) on the date of the incident.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division finds that petitioner failed to sustain her burden of proving that her need for treatment was related to work incident, thus, denial of her motion for medical and temporary benefits was affirmed.
The petitioner appealed a workers’ compensation order denying her motion for medical and temporary benefits. By way of background, she worked as a teacher, and on July 6, 2021, a male student kicked her in her left breast.
What’s Hot in Workers’ Comp, Vol. 28, No.
A workers’ compensation judge did not abuse his discretion in finding that decedent was in an ongoing employment relationship with defendant at the time of death and was not a borrowed servant at the time of his fatality.
This case involved two companies involved in coal mining operations, West Spring and Reading Anthracite Company (RAC). The decedent was employed by West Spring as an equipment operator, but he had been scheduled to be laid off.
What’s Hot in Workers’ Comp, Vol. 28, No.
Court reverses Appeal Board ruling on an entitlement to reinstate benefits as of date claimant returned LIBC-760 form to employer, as benefits were in suspension status because of a judge’s prior decision, not for claimant’s failure to return the form.
This case involves multiple intertwined rounds of litigation. The claimant was a firefighter who sustained injuries in May 2004, when he fell in a stairwell while pulling down a ceiling in a burning building.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
The Delaware Supreme Court affirms decision that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease.
Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant.
What’s Hot in Workers’ Comp, Vol. 28, No.
A pending petition for fees and costs only does not toll statute of limitations, nor does payment of attorney’s fees and/or costs, as these petitions are pending and relate to jurisdiction only.
This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits. The last benefit, an indemnity benefit, was made on November 13, 2020.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed dismissal of worker’s compensation claim for lack of compensability.
In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that claimant who was sole proprietor is required to provide notice of work-related injury to workers’ compensation insurance carrier within 120 days of occurrence of the injury.
In this case, the claimant was the owner of the employer and the sole employee. He sustained work injuries on September 28, 2015, while coming off a ladder, when he tripped over a shovel, fell backwards and landed on his head.
What’s Hot in Workers’ Comp, Vol. 28, No.