News
Labor
- [11/18] Mass. factory raided last year settles worker suit
- [11/18] Oral Roberts University to lay off 100 employees
- [11/18] Oral Roberts University to lay off 100 employees
Personal Injury
- [11/20] Dog hits controls, drives van into coffee house
- [11/18] Maine man sheds 140 pounds to join the Marines
- [11/12] W.Va. man beats health insurer in court over $40
Case Summaries
Workers' Comp
[11/12]
Pratt v. Union Pac. R.R. Co.
In a suit against defendant-employer brought under the Federal Employers' Liability Act and the Locomotive Inspection Act for personal injuries suffered at work, a court order prohibiting defendant-railroad company from compelling plaintiff-employee to attend a medical examination or conducting a disciplinary hearing to terminate plaintiff's employment for refusing to provide it with medical evidence justifying his continued absence from work is affirmed where: 1) the trial court had jurisdiction to prohibit extra-judicial discovery because the civil rules of discovery provide independent authority to grant a protective order for misuse of the discovery process; and 2) the trial court did not abuse its discretion by awarding monetary sanctions where the sanctions served not to punish but rather to encourage voluntary compliance with the discovery procedures.
[11/06]
B & D Contracting v. Pearley
In a challenge to the amount of an award of disability benefits pursuant to the Longshore and Harbor Workers' Act, employer's petition for review of the award is denied where employer's per diem payments to claimant were properly classified by the Benefits Review Board as wages, and were required to be included in benefit calculations as such.
[10/30]
Power Fabricating, Inc. v. State Comp. Ins. Fund
In an action for declaratory relief and damages arising from defendant's failure to defend plaintiff in action brought by widow of a worker who was fatally injured in an industrial accident, summary judgment for defendant is affirmed where: 1) employer liability insurance (ELI) coverage can accrue only if (a) the worker was acting in the course and scope of employment of the insured and (b) workers' compensation law either does not apply to the situation or the employer may be sued in a capacity other than as an employer; and 2) because plaintiff failed to raise a triable issue of fact on any of the conditions required in (b), ELI coverage could not be triggered.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
