Workers’ Compensation Cases

Pursuant to the Workers' Compensation Act (§ 31-293 (a)), an injured employee may assert a claim against and recover damages from a tortfeasor who is allegedly liable for the employee's work-related injury, even if the employee is entitled to workers' compensation benefits for that injury, and an…

Summary judgment granted to employer on workers' compensation claim; "qualifying chemical test"

Motion for summary judgment; Civ.R. 56; workers' compensation claim; R.C. 4123.01(C)(5); preexisting condition; substantially aggravated; clear and unambiguous statute; and objective pre-injury medical evidence. The trial court erred when it granted an employer's motion for summary judgment because…

Workers' compensation; spinal stenosis; expert opinions; manifest weight; high-dose steroids. The trial court's judgment finding that plaintiff was entitled to additional workers' compensation benefits was not against the manifest weight of the evidence even though there were conflicting expert…

Workers' Compensation Act; Pleasant claim; Rule 12(b) dismissal; subject-matter jurisdiction; special-employee doctrine

1. The employee's injury occurred "in the course of" employment for the purpose of Minnesota Statutes section 176.021, subdivision 1 (2024), because the undisputed facts show that the employee sustained the injury within an hour of the end of the workday, the injury occurred at the workplace, and…

Commission did not err awarding temporary total disability and medical benefits for compensable injury by accident arising out of employment; credible evidence supports finding Rose as employer had power to control appellee as employee, rather than independent contractor; injury arose out of…

Objections to magistrate's decision recommending denial of relator's request for a writ of mandamus ordering the Industrial Commission of Ohio to vacate its order granting an employee's application for an additional award of compensation based on a violation of a specific safety requirement and…

A sales representative for a product vendor was injured while in a Tractor Supply store performing his job. The sales representative received workers' compensation benefits from his employer, a hardware product company, and then proceeded with a tort case against Tractor Supply. We agree with the…

Appellant Derinda Carr challenges the trial court's finding her neck injury did not arise primarily "out of and in the course and scope of' her employment. The appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions…

Bethany Shelton ("Employee") filed a petition for benefit determination against Hobbs Enterprises, LLC ("Employer") alleging an injury to her right shoulder suffered in a work- related accident on August 26, 2017. She sought temporary total, permanent partial, and continued medical benefits.…

WORKERS' COMPENSATION – PREEXISTING CONDITION – SUBSTANTIAL AGGRAVATION: The trial court did not err in its application of the substantial-aggravation standard by requiring evidence of the claimant's "pre-injury reference point." The trial court's determination that claimant's expert testimony was…

Workers' compensation—Application of Bureau of Workers' Compensation formulary guidelines under Ohio Adm.Code 4123-6-21.3 and application of Ohio Adm.Code 4123-6-21.7 to a self-insuring employer's termination of payment for narcotic and muscle-relaxant prescriptions for allowed conditions pursuant…

For eighty-two years, this Court struggled to correctly apply the "statutory employee doctrine." Today, following our more recent decisions on the statutory employee doctrine, we apply the doctrine in light of the General Assembly's original purpose for enacting it. We find the circuit court and…

Home health aide sought workers' compensation benefits after she fell in the wet grass in the side yard of her client's home and sustained an injury to her back. The employee had completed her shift, had stayed with the client (a long-time friend) for approximately 15 minutes after her shift, and…

Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. Objective medical evidence may not be established…

Kenneth L. Barr, Employee, appeals the decision of the Appellate Panel of the Workers' Compensation Commission denying his claim for medical and compensation benefits. Employee asserts injury as a result of exposure to volatile organic compounds (VOCs) in the paints he used while working as a…