Pennsylvania Court Affirms Dismissal of Workers’ Compensation Claims Where Injury Occurred in New York
Posted on May 14, 2014 in Litigation | Comments Off on Pennsylvania Court Affirms Dismissal of Workers’ Compensation Claims Where Injury Occurred in New York
A Pennsylvania state court affirmed an order from the Workers’ Compensation Appeal Board that dismissed the petitioner’s workers’ compensation claims for lack of jurisdiction. Section 305.2 of the Pennsylvania’s Workers’ Compensation Act permits jurisdiction for out-of-state injuries if, inter alia, the employment was principally localized in Pennsylvania or the employment contract...
Indemnity Agreement Precludes Temporary Employee Provider’s Recovery of Workers’ Compensation Claim Payments in Illinois
Posted on May 14, 2014 in Litigation | Comments Off on Indemnity Agreement Precludes Temporary Employee Provider’s Recovery of Workers’ Compensation Claim Payments in Illinois
The plaintiff, a temporary employee provider, signed an indemnity agreement with the defendant, a company that “borrowed” the temporary employees, agreeing to indemnify the defendant “against any and all claims” asserted by the temporary employees “as a result of or incidental to the work performed.” The temporary employee provider alleged it was due $1.6 million under the Illinois...
Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
Posted on May 9, 2014 in Litigation, Product Liability | Comments Off on Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
The Court of Appeals of Louisiana, Third Circuit, upheld a workers’ compensation judge’s ruling that an employer owed a claimant workers’ compensation benefits, penalties, and attorney’s fees. The claimant, who sustained a severe injury to his hand when a hand crank that he was using to lower a light tower spun out of control, had also tested positive for cocaine and amphetamines...
Tenth Circuit Overturns Jury Verdict For Injured Floorhand Finding Defendant Was Statutory Employer Under Colorado Law and Immune From Negligence Liability
Posted on May 8, 2014 in Energy/Environmental, Litigation | Comments Off on Tenth Circuit Overturns Jury Verdict For Injured Floorhand Finding Defendant Was Statutory Employer Under Colorado Law and Immune From Negligence Liability
Early in the morning of December 13, 2005, a floorhand was seriously injured while working on a drilling rig. At 12:01 am on the same day, an acquisition agreement became effective by which the floorhand’s employer sold the casing drilling services portion of its business and transferred employees of that division to the acquiring entity. The floorhand sued his now former employer...
Activities Reasonably Incidental to Travel for Injured Traveling Employees May Include More Than You Think, Including Dancing at a Hotel Nightclub
Posted on May 7, 2014 in Litigation | Comments Off on Activities Reasonably Incidental to Travel for Injured Traveling Employees May Include More Than You Think, Including Dancing at a Hotel Nightclub
Maryland’s highest court held that a “traveling employee” (an employee who is required to travel away from his employer’s premises in order to perform his job) was engaged in reasonable and foreseeable recreational activities when injured while dancing at a hotel nightclub and is entitled to recover workers’ compensation benefits for his injuries because such recreational activities...
Louisiana Federal Court Allows Terminated Employee’s False Claims Act Retaliation Claim To Proceed
Posted on May 7, 2014 in Litigation | Comments Off on Louisiana Federal Court Allows Terminated Employee’s False Claims Act Retaliation Claim To Proceed
In 2012, an operator at an industrial facility was allegedly exposed to sulfur dioxide and sulfur trioxide gas leaking from the facility’s equipment. He subsequently sought medical treatment and notified his supervisors of the leak and his medical treatment due to chemical exposure. The employee also provided factual information and deposition testimony regarding the incident in an...
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