Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the judgment of the court of appeals affirming the decision of the Workers' Compensation Board affirming the decision of the administrative law judge (ALJ) dismissing Appellant's workers' compensation claim upon finding that Appellant failed to provide reasonable notice of her injury to her employer, holding that the ALJ applied the incorrect provision of Ky. Rev. Stat. 342.185(1).Appellant filed a workers' compensation claim alleging that she sustained cumulative trauma injuries to her neck, back, and hands while working as a nurse. Applying the notice provisions of section 342.185(1), the ALJ found that Appellant's delay of almost two years from the original manifestation date was untimely. The Board and court of appeals affirmed. The Supreme Court reversed, holding (1) the ALJ erred in applying section 342.185(1) to Plaintiff's claim because, as of July 14, 2018, the notice provisions of section 342.185(1) do not apply to cumulative trauma injuries; and (2) under section 341.285(3), which specifically addresses a claimant's notice requirements for cumulative trauma injuries, Appellant's claim was timely. View "Anderson v. Mountain Comprehensive Health Corp." on Justia Law

The Supreme Court affirmed the opinion of the court of appeals affirming the decision of the Workers' Compensation Board upholding the order of the administrative law judge (ALJ) denying Plaintiff a thirty percent enhancement of benefits from his employer, Defendant, as a result of workplace safety violations, holding that the safety-violation benefit enhancement did not apply.Plaintiff sustained a serious work-related injury while employed by Defendant, a temporary staffing company. At issue before the ALJ was whether Plaintiff was entitled to the thirty percent enhancement under Ky. Rev. Stat. 342.165(1) for Defendant's alleged workplace violations. The ALJ denied enhanced benefits. The Board and court of appeals affirmed. The Supreme Court affirmed, holding that Defendant was not liable for section 342.165's enhancement of benefits because extending liability for the safety violations at the facility where Defendant sustained his injuries to Defendant pursuant to the "intentional failure" standard in section 342.165(1) was contrary to the current statute and caselaw. View "Maysey v. Express Services, Inc." on Justia Law

The Supreme Court remanded this case to the Workers' Compensation Board, holding that Mark Ivey's pre-employment lower back disc herniation and two surgeries required an impairment rating to be carved out of his permanent partial disability rating for which his employer, ViWin Tech, would be responsible.An ALJ assigned a whole-person impairment of twenty-eight percent and rejected a carve-out for a pre-existing injury. The Board and court of appeals affirmed. The Supreme Court reversed, holding that, based on a plain reading of the relevant statutes and the AMA Guides, the ALJ erred in concluding that a carve-out was unwarranted. View "Viwin Tech Windows & Doors, Inc. v. Ivey" on Justia Law

The Supreme Court reversed the decision of the Arkansas Workers' Compensation Commission that Appellant was not entitled to a wage-loss award in addition to his impairment rating because Area Agency on Aging of Southeast Arkansas (AAA) extended to him a bona fide offer of employment, holding that substantial evidence did not support the Commission's decision.Appellant was driving an AAA van that overturned, injuring Appellant. An ALJ determined that Appellant was entitled to a sixty percent wage-loss award and that Appellees made no bona fide job offer of employment because the position and wages were not clear. The Commission reversed, concluding that any wage-loss award was precluded because AAA made a bona fide and reasonable obtainable job offer. The Supreme Court reversed, holding that AAA did not meet its burden to prove that Appellant was offered employment at wages equal to or greater than his average weekly wage at the time of the accident. View "Calhoun v. Area Agency on Aging of Southeast Arkansas" on Justia Law

The Supreme Court reversed the judgment of the circuit court affirming the decision of the Department of Labor and Regulation denying Steven Billman's application for permanent total disability benefits, holding that the Department's determination that Billman was not obviously unemployable was clearly erroneous.During his employment, Billman suffered a work-related injury that required the amputation of his left leg just below the knee. The Department denied Billman's application for benefits, finding that Billman was not obviously unemployable and that he failed to conduct a reasonable job search. The circuit court affirmed the Department's findings. The Supreme Court reversed, holding that Billman established that he was obviously unemployable, and therefore, he was entitled to odd-lot disability benefits. View "Billman v. Clarke Machine, Inc." on Justia Law

North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an ALJ’s revised order on remand, entered after the North Dakota Supreme Court's decision in State by & through Workforce Safety & Ins. v. Sandberg, 2019 ND 198, 931 N.W.2d 488 (“Sandberg I”). The ALJ’s revised order made additional findings of fact and conclusions of law, and again found John Sandberg had sustained a compensable injury and was entitled to benefits. Under its deferential standard of review, the Supreme Court affirmed in part; however, in light of the ALJ’s revised order, the Court remanded the case to WSI for further proceedings on whether benefits should have been awarded on an aggravation basis and the proper calculation of those benefits under N.D.C.C. 65-05-15. View "WSI v. Sandberg, et al." on Justia Law

The Supreme Court set aside the decision of administrative law judge (ALJ) for the Industrial Commission of Arizona (ICA) denying the claim for benefits filed by deputy John France, who developed post-traumatic stress disorder after he shot and killed a man, holding that the administrative law judge erred by failing to apply the standard required by Ariz. Rev. Stat. 23-1043.01(B).Under section 23-1043.01(B), employees may receive compensation for mental injuries if an unexpected, unusual or extraordinary employment-related stress was a substantial contributing cause of the mental injury. An ALJ denied France's claim for benefits, concluding that the shooting incident was not "unusual, unexpected, or extraordinary." The Supreme Court set aside the ICA's decision, holding (1) under section 23-1043.01(b), a work-related mental injury is compensable if the specific event causing the injury was objectively "unexpected, unusual or extraordinary"; (2) under this objective standard, an injury-causing event must be examined from the standpoint of a reasonable employee with the same or similar job duties and training as the claimant; and (3) the ALJ erred by limiting her analysis to whether France's job duties encompassed the possibility of using lethal force in the line of duty and failing to consider whether the shooting incident was unexpected or extraordinary. View "France v. Industrial Commission of Arizona" on Justia Law

Chris and Suzanne Moore, as parents and next friends of Sydney Moore, a minor, appealed the grant of summary judgment entered in favor of Pamela Tyson and Jennifer Douthit, two employees of the Huntsville City Board of Education ("the Board"), with regard to negligence and wantonness claims asserted against Tyson and Douthit by the Moores arising from injuries suffered by Sydney at her elementary school. Tyson was employed by the Board as a teacher at Goldsmith-Schiffman Elementary School. Douthit was employed as the principal of the school. Sydney was enrolled at the school as a third-grade student in Tyson's class. Tyson left the students unsupervised in the classroom while she went to the restroom. During that time, Sydney and another student in the class left their seats, and, according to Sydney, the other student caused her to fall and hit her head and face on a counter in the classroom. Sydney suffered injuries from her fall, including fractures of her left orbital bone, her eye socket, and her nose and entrapment of her eye. Sydney was admitted for treatment at a hospital and underwent surgery as a result of the injuries. THe Alabama Supreme Court determined the Moores did not demonstrate the trial court erred in entering summary judgment in favor of Tyson and Douthit based on immunity. Accordingly, the Court affirmed the trial court's judgment. View "Moore v. Tyson" on Justia Law

Chris Oden appealed a district court order vacating a transcribed Missouri foreign judgment. Oden argued: (1) vacating the transcribed Missouri judgment violated the Full Faith and Credit Clause of the United States Constitution; (2) the court erred in relying on a decision issued between the parties in prior litigation because that decision was barred by administrative res judicata as the result of Oden’s Missouri workers compensation claim; and (3) the court erred by affording a prior judgment res judicata effect while that case was pending on appeal. In May 2010, Oden was injured in Missouri while employed by Minot Builders Supply. North Dakota Workforce Safety and Insurance (“WSI”) accepted the claim and awarded benefits for Oden’s injuries. In May 2013, Oden filed a claim for compensation in Missouri for the same work-related injury. In October 2013, WSI suspended payment of further benefits on Oden’s claim after Oden claimed benefits Missouri. Subsequent to Oden settling his Missouri workers compensation claim, WSI sent Oden notice that the prior North Dakota workers compensation award was being reversed because Oden’s receipt of benefits in Missouri. WSI provided notice to Oden his workers compensation benefits were being denied, informed Oden he would need to reimburse WSI, and informed Oden he had thirty days to request reconsideration. Oden did not request reconsideration of WSI’s decision. In July 2018, WSI commenced an action in North Dakota against Oden seeking reimbursement for previous payments made to Oden. The district court in the Burleigh County case granted summary judgment in favor of WSI and awarded WSI the full amount paid to Oden, plus accruing interest, costs, and disbursements. Oden argued in the North Dakota case that WSI was bound by the Missouri workers compensation settlement because the settlement agreement included a signature of an attorney purportedly acting on behalf of WSI. The court determined WSI could not be bound by the Missouri agreement because WSI was not a party to the settlement, and there was no evidence to support a finding that the attorney who purportedly signed on behalf of WSI had any authority to represent WSI or act as WSI’s agent. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Oden v. Minot Builders Supply, et al." on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming denial of disability retirement benefits by the Board of Trustees of the Kentucky Retirement Systems, holding that the lower courts misinterpreted the holding in Kentucky Retirement Systems v. West, 413 S.W.3d 578 (Ky. 2013), leading to multiple errors.At issue was the proof required of a public employee with less than sixteen years' credit to establish that his genetic condition that was present at conception but dormant until after twelve years on the job was not a "pre-existing" condition disqualifying him from benefits under Ky. Rev. Stat. 61.600(3)(d). Defendant was denied benefits, and the circuit court affirmed. The court of appeals affirmed the circuit court's reading of West and its denial of disability retirement benefits. The Supreme Court reversed, holding that multiple errors occurred, and each error was arbitrary, capricious, View "Elder v. Kentucky Retirement Systems" on Justia Law