News & Analysis as of

Burden of Proof Workplace Injury

Marshall Dennehey

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

Marshall Dennehey on

Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

Marshall Dennehey

Superior Court Affirms Decision That Claimant Failed to Prove She Contracted COVID-19 at Work, but Does Not Reach Issue of Whether...

Marshall Dennehey on

Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more

Weber Gallagher Simpson Stapleton Fires &...

The Idiopathic Defense: A Rare Win for the Employer

On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company, Inc.,...more

Constangy, Brooks, Smith & Prophete, LLP

“Idiopathic” Defense To Workers’ Comp Claims Is Still Viable In Georgia, Court Rules

The “idiopathic defense” to workers’ compensation claims is still a viable one, according to a recent decision from the Georgia Court of Appeals. “Idiopathic,” as defined by the Georgia Court of Appeals, means “injuries...more

Cranfill Sumner LLP

State Legislature and Governor Work Quickly to Overturn Wilkes

Cranfill Sumner LLP on

On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

Polsinelli

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

Polsinelli on

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Winstead PC

Defending Nonsubscriber Lifting Injuries – Part VIII – “But For” Causation

Winstead PC on

Regardless of what factual theory of negligence a lifting injury plaintiff pursues, the plaintiff must prove that the negligence of the defendant caused the injury at issue. As simple as this concept appears, the nature of...more

Winstead PC

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

Winstead PC on

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

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