Kentucky's Thoroughbred Industry and Workers' Compensation: "Out of the Money". Marcus A. Roland of Roland Legal explores the plight of jockeys and backside workers injured on the job, this on the eve of the 136th running of the Kentucky Derby on May 1st. Read it

> Read the case summaries and court decisions.

 

#1  NY: Worker Awarded Benefits In Spite of High Levels of Marijuana Metabolites in System

 

#2   IA: Supervisor Who Actively Supports Others' Compensation Claims May Be Fired With Impunity

 

#3   MO: Coughing Incident Was Not Idiopathic Condition; Injuries Were Compensable

 

#4  PA: "Magic Words" Not Required to Establish Intoxication Defense

 

#5  NC: Traffic Officer's Achilles Tendon Injury Was Not Accidental

 

Iowa Employer Subject to Penalty for Not Paying Injured Worker With Zero Impairment, by H. Edwin Detlie. Read it 

 

Are Fee Schedules Effective in Workers' Compensation? by Greg Krohm, IAIABC. Read it 

 

Texas Performance Based Oversight 2010 Assessment, by Stuart Colburn. Read it

 

 

Cavalcade of Reversals by Delaware IAB in UR Appeals on Issue of Surgery, by Cassandra Roberts. Read it

 

Survey of Recent Head Injury Cases, by LexisNexis Occupational Injuries and Illnesses Staff. Read it  

> U.S. Senator Introduces Legislation to Reduce Number of Worker Misclassification Violations

> AZ: Industrial Commission Posts Notice of 2010 Fee Schedule Hearing
> CA: Former OC Sheriff Pursues Workers' Comp Claim
> CA: DWC Issues Second Notice of Revisions to MPN and Employee Information Rules
> CA: AIA Says Workers' Comp Measures Will Increase Medical Costs and Interfere With Right to Contract
> CA: DWC Posts List of Facilities Using High Cost Outlier Payment Methodology
> CA: Chiropractors Performing Manipulation Under Anesthesia Stated Claims Against Insurance Company and Its Employee for Malicious Prosecution
> CA: Gregory G. Aghazarian, Former WCAB Commissioner, Appointed Deputy Secretary With Dept. of Food and Agriculture
> CO: Industry Group Seeks to Kill Workers' Comp Bills
> CO: Aspen Chamber and Pinnacol to Host Seminar on Medical Marijuana in the Workplace
> GA: Senate Passes Bill to Help Employers Buy Into Insurance Insolvency Pool
> IL: Lawsuit Filed Against Workers' Comp Carrier for Alleged Overcharging of Premiums
> LA: Cost Per Claim of Drugs Prescribed to Injured Workers in Louisiana Was 75 Percent Higher Than Study Median
> MA: Payment Per Claim for Drugs Prescribed to Injured Workers in Massachusetts Was Lower Than Study Median
> MD: New Vocational Rehabilitation Rules and Forms in Effect
> MD: Cost Per Claim for Drugs Prescribed to Injured Workers in Maryland Was Slightly Higher Than Study Median
> MI: Applications Being Accepted for Workers' Comp Appellate Commission
> MI: Richard Zapala Reappointed to Funds Board of Trustees
> MO: House Rejects Bill to Remedy Second Injury Fund
> NY: Flooring Company Owner Charged With Workers' Comp Fraud
> NY: Senate Committee Rejects Bill to Give Farm Workers More Rights and Benefits
> NY: WCB Provides Guidance on Domestic Workers Coverage Requirements
> NY: Worker Awarded Benefits In Spite of High Levels of Marijuana Metabolites in System
> OK: Luttrell Proposes Work Comp Overhaul
> OK: House Passes Comprehensive WC Reform
> OK: House OKs Bill to Stop Fraudulent Misclassification of Employees
> TN: Stone Point Capital, Hellman & Friedman to Acquire Sedgwick Claims Management Services for $1.1B
> TX: TDI, Dallas District Attorney Cooperation Nets 29 Insurance Fraud Indictments
> UT: Ron Dressler Appointed Director of Industrial Accidents Division
> WA: Worker Memorial Day Ceremony Set for April 28 at L&I Headquarters
> WI: New Rules Now Regulate Traveling Sales Crews

 

 

Illegal Employment and False Job Applications. Persons employed under illegal contracts of hire are usually denied compensation if the illegality results from the obligation to perform illegal acts, but not if the illegality arises merely from a prohibition against making the contract, as in the case of legislation prohibiting the employment of minors in some jobs.  While virtually all states now cover illegally employed minors, there continues to be great controversy when it comes to the status of illegal aliens.  Chapter 66, which covers issues related to illegal employment, is being revised and updated for the June 2010 release of Larson's Workers' Compensation Law.

Courts have been paying particular attention to the issue of false statements in employment applications.  Most courts continue to hold that such statements do not make the employment contract invalid. Benefits are barred only if (1) the employee knowingly and willfully made a false representation as to his or her physical condition; (2) the employer relied on the representation and the reliance was a substantial factor in the hiring; and (3) there was a causal relation between the false representation and the injury.

  
In one 2008 Florida case, Fast Tract Framing, Inc. v. Caraballo, 994 So. 2d 355 (Fla. Dist. Ct. App. 1st Dist. 2008), determined that under Florida's special definition of "wages" (see Fla. Stat. § 440.02(28)), only the income that was actually reported to the federal government could be considered in the computation of an injured worker's average weekly wage.  Since many undocumented workers fail to file returns, they would have no average weekly wage that could be used to compute disability benefits.  The full effect of Fast Tract Framing has been diminished, however, by two subsequent decisions - J.B.D. Bros' and Masonry, Inc. v. Miranda, 2010 Fla. App. LEXIS 544 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) and Rene Stone Work Corp. v. Gonzalez, 2010 Fla. App. LEXIS 543 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) [see Chapter 66, § 66.03[4][c] n38].

 

Offer good through April 2010