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Find Solutions & Strategies May 23, 2016
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Recent Developments in Workers' Comp:
New York's Reopened Case Fund; OCSLA Coverage Post-Valladolid
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new york appellate court finds closure of reopened case fund unconstitutional
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By Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, NY
 The New York State Supreme Court, Appellate Division First Department[fn1] rendered a decision on April 14, 2016 holding that the closing of New York's Reopened Case Fund on January 1, 2014 was unconstitutional. Specifically, the Court held that the amendment to N.Y. Workers' Compensation Law §25-a[1-a] enacted as part of the Business Relief Act of 2013, which closed the Reopened Case Fund to new claims effective 1/1/14, violated the Contract and Takings Clauses of the U.S. Constitution. American Economy Insurance Company et al. v. State of New York, et al., 2016 N.Y. Slip Op. 02924 (1st Dept. April 14, 2016)...read more.
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ocsla coverage post the supreme court's decision in valladolid
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By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C.
 In 2012, the U.S. Supreme Court addressed for the first time the scope of workers' compensation coverage under the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.S. § 1333(b), an extension of the Longshore and Harbor Workers' Compensation Act (LHWCA or Longshore Act), 33 U.S.C.S. §§ 901-950. Pacific Operators Offshore, LLP v. Valladolid. [fn1] At issue before the Supreme Court was whether an employee who spent 98% of his work time on the Outer Continental Shelf[fn2] but who was injured while working at his employer's on-shore facility was entitled to workers' compensation for that injury under OCSLA...read more.
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LARSON'S SPOTLIGHT ON RECENT CASES
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Ohio: Court Strikes Down Provision Requiring Schedule Benefits to Be Paid Weekly, Instead of Lump Sum. Under the one-subject rule, set forth in the Ohio Constitution [art. II, § 15(D)], no bill may contain more than one "subject" and that subject must be clearly expressed in the bill's title...read more.
Washington: Injuries Sustained in Car Crash After Drinking Spree Were Within Scope of Employment. Injuries sustained by a sales manager for a beverage distributor in an auto accident as he and a co-employee returned home at 1:00 a.m., after delivering beer more than...read more.
New York: Employee Need Not Give Separate Notice for Additional Injuries Related to Original Accident. For purposes of N.Y. Work. Comp. Law § 18, "accident" is not synonymous with the term injury. Accordingly, where a medical surgical technician slipped on a wet floor while performing...read more.
Massachusetts: Judge Has Broad Discretion in Weighing Causation Evidence. The Massachusetts Industrial Accident Reviewing Board erred when it reversed an administrative judge's decision that awarded benefits for a claimant's left shoulder injury...read more.
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ENEWSLETTER ARCHIVES
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 Take a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
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