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- The Florida Court Declines Review of Padgett
In a brief order dated December 22, 2015, the Florida Supreme Court declined to review Padgett v. State of Florida. This saga began with a Miami Circuit Judge presiding over a case involving an injured worker, Cortes, and his employer, Velda Farms. Those two resolved their differences, but the Florida Workers' Advocates (FWA) and Workers' Injury Law and Advocacy Group (WILAG) had "intervened" in the case, meaning they also became parties. Click here to read more:
- Disabled Son’s Attack on Caregiving Mom puts Courts at Odds
In July 2008, Joshua Gartland, 33, moved back into his mother’s Westmoreland County home. He had run away at age 15, started using drugs a year later and struggled with addiction from then on. As a result, he had many medical problems, and in 2007 one of his legs had to be amputated because of necrotizing fasciitis — a flesh-eating bacterial infection — and he required dialysis for kidney failure. His mother, Laura O’Rourke, then-59, of North Huntingdon, agreed to allow him to move back into her home and become his paid caregiver as part of an arrangement through Three Rivers Center for Independent Living. Click here to read more:
- Court Overrules Comp Rules in Job Murder Suit
Workers compensation exclusive remedy rules do not prevent a woman from suing her late son’s employers after he was murdered at work by a coworker, a Georgia appellate court has ruled. Nickifor Zephyrine was hired by staffing firm Staffchex Inc. to work at a warehouse owned and operated by OA Logistics Services Inc. in Pooler, Georgia, according to court filings. Staffchex also hired Christopher Lema to work at the OA warehouse, but he applied under the alias Christopher Young-Evans and a criminal background check on that name failed to show Mr. Lema’s felony criminal record. Click here to read more:
- Court Rejects Legal Restriction In Workers-Comp Cases
In a potentially far-reaching decision, an appeals court Wednesday struck down a state law that restricted a police officer from paying a law firm to help her pursue workers' compensation insurance benefits. The 26 page decision by the 1st District Court of Appeal said it was unconstitutional for police officer Martha Miles and her union, the Fraternal Order of Police, to be prohibited from paying a retain and hourly fees for legal representation in a workers' compensation dispute with the city of Edgewater and an insurance carrier. Click here to read more:
- Employee may sue Colleague for Work Accident, Court Rules
A Missouri restaurant worker can sue her colleague for injuries she suffered on the job because workers compensation exclusive remedy rules in the state don’t apply to co-workers, a Missouri appellate court has ruled. Sheri Bierman worked for Chesterfield, Missouri-based Espino’s Mexican Bar and Grill, where she was injured in June 2009 after she climbed an A-frame ladder into a lofted space at the restaurant, according to the ruling from the Missouri Court of Appeals on Tuesday. Click here to read more:
- Appellate court reverses finding of suspected intoxication in workers comp case
In a recent decision, a Florida appellate court has reversed an opinion, indicating that a workers’ compensation insurer is still on the hook after failing to meet its responsibilities during a 120-day pay and investigative period. This reversal, ordered by the First District Court of Appeal in Tallahassee, also overturns a decision made by a judge of compensation claims (JCC) who sided with the insurer and the client employer after the JCC affirmed an intoxication defense on behalf of the insurer. Click to read more:
