Court Case Update - Countrywide 2020 Year-End Update

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By NCCI Insights January 28, 2021

This Court Case Update—2020 Year-End Summary provides a look at some of the cases and decisions monitored by NCCI’s Legal Team in 2020, which may impact and shape the future of workers compensation (WC) across the states.

COVID-19

State and federal courts have begun to consider and decide COVID-19-related cases that could impact WC. For more information, visit NCCI’s COVID-19 Court Cases on the COVID-19 Resource Center at ncci.com.

Exclusive Remedy

Stakeholders remain interested in cases addressing the challenges to WC exclusive remedy—providing employer immunity from injured employee tort suits.

Cases:

Florida—McNair v. Dorsey (Florida First District Court of Appeal)
Idaho—Gomez v. Crookham Co (Idaho Supreme Court)
Texas—Berkel & Company Contractors, Inc. v. Lee (Texas Supreme Court), Orozco v. County of El Paso (Texas Supreme Court), Mo-Vac Service Co. v. Escobedo (Texas Supreme Court)
Wisconsin—Graef v. Continental Indemnity Co. (Wisconsin Supreme Court)

Challenges to Third-Party Guides (AMA/ODG)

Since the Pennsylvania Supreme Court’s 2017 decision striking statutory use of the “most recent edition” of the American Medical Association (AMA) Guides in Protz v. Workers Compensation Appeals Board, challenges to the use of the AMA Guides and other third-party guides have continued to surface in courts across the states.

Cases:

Kansas—Johnson v. US Food (Kansas Supreme Court)
Montana—Hensley v. Montana State Fund (Montana Supreme Court)
Utah—Ramos v. Cobblestone Centre (Utah Supreme Court)

Marijuana Developments

Courts continue to actively review marijuana-related issues in WC and the workplace, with varying outcomes across the states.

Cases About Marijuana in Workers Compensation:

Arkansas—Blair v. American Stitchco Inc. (Arkansas Court of Appeals), Allen v. Employbridge Holding Co. (Arkansas Court of Appeals)
Florida—Jones v. Grace Health Center (Florida First District Court of Appeal)
New Jersey—Hager v. M&K Construction (New Jersey Supreme Court)
Massachusetts—Wright’s Case (Supreme Judicial Court of Massachusetts)

Cases About Marijuana and the Workplace:

New Jersey—Wild v. Carriage Funeral Holdings, Inc. (New Jersey Supreme Court)

Air Ambulance Reimbursement

To date, state and federal courts have largely found that the federal Airline Deregulation Act (ADA) preempts state WC laws and fee schedules. However, this year the Texas Supreme Court ruled that the ADA does not preempt a state’s “fair and reasonable” WC reimbursement standard.

Cases:

Additional State and Federal Developments

State and federal courts across the country have been considering cases that could impact the workers compensation system.

Federal Cases:

Federal—Presumption of compensability for federal contractor illnesses, United States of America v. State of Washington (Federal Court of Appeals for the Ninth Circuit)
Federal—Remuneration to Seamen Employees Not Part of Premium Owed by Insured Employer, LM Insurance Corp. v. Dubuque Barge and Fleeting Service Co. (Federal Court of Appeals for the Eighth Circuit)
Federal—Black Lung benefits award, Freestone Coal Co. v. Director, Office of Workers Compensation Programs (Federal Court of Appeals for the Fourth Circuit)

State Cases (By Geographic Zone)
Northeast

Maryland—Treatment of Hernias Under WC, Greer v. Montgomery County (Court of Special Appeals of Maryland)
Maryland—Settlement of WC Claims, In the Matter of Collins (Court of Appeals of Maryland)
New York—Awards for Scheduled and Nonscheduled Injuries, Arias v. City of New York (New York Supreme Court, Appellate Division)
Pennsylvania—Compensation for Traveling Employees, Peters v. WCAB (Pennsylvania Supreme Court)
Pennsylvania—Suspension of Benefits During Incarceration, Sadler v. WCAB (Pennsylvania Supreme Court)

Southeast

Arkansas—Independent Contractor, Davis v. Ed Hickman, P.A. (Arkansas Court of Appeals)
Florida—Personal Leave and WC Benefits, Medina v. Miami Dade County and Risk Management of Dade County (Florida First District Court of Appeal)
Florida—Change of Physician, City of Bartow v. Flores (Florida First District Court of Appeal)
Florida—Attorney Fees, Zenith Insurance Co. v. Cruz (Florida First District Court of Appeal)
Georgia—Compensability for Injuries Occurring During a Scheduled Break, Frett v. State Farm Employee Workers’ Compensation (Supreme Court of Georgia)
Kentucky—Constitutionality of Statutory Limitation on Benefits, Donathan v. Town and Country Food Mart (Kentucky Supreme Court)
Kentucky—Retroactivity of Interest Rate for Disability Awards, Eclipse Collieries, Inc. v. Tackett (Kentucky Court of Appeals)
North Carolina—Subrogation of Underinsured Motorist Benefits, Walker v. K&W Cafeterias (North Carolina Supreme Court)

Midwest

Illinois—Injuries Resulting From Everyday Activities, McAllister v. The Illinois Workers’ Compensation Commission (Illinois Supreme Court)
Nebraska—Attorney Fees, Sellers v. Reefer Systems, Inc. (Supreme Court of Nebraska)
Missouri—Enhanced Mesothelioma Benefits, Hegger v. Valley Farm Dairy Co. (Supreme Court of Missouri)
Oklahoma—Constitutionality of Entitlement to Wrongful Death Benefits, Solis v. Travelers Casualty Ins. Co. (Oklahoma District Court of the 13th Judicial District)
Oklahoma—Constitutionality of Statutory Limitation on Death Benefits, Whipple v. Phillips and Sons Trucking, LLC (Supreme Court of Oklahoma)

West

Arizona—Compensability of Mental Injuries, France v. The Industrial Commission of Arizona (Court of Appeals of Arizona)
Colorado—Determination of Maximum Medical Improvement, Destination Maternity v. Burren (Supreme Court of Colorado)
Colorado—Independent Contractor Analysis, Pella Windows & Doors, Inc. v. Industrial Claims Appeals Office (Colorado Court of Appeals)
Hawaii—Statutory Presumption of Compensability, Cadiz v. QSI, Inc. (Supreme Court of Hawaii)
Nevada—WC for Preexisting Conditions, City of Henderson v. Spangler (Court of Appeals of Nevada)
Nevada—Permanent Disability Benefits for Undocumented Worker, Associated Risk Management, Inc. v. Ibanez (Nevada Supreme Court)
New Mexico—Injuries Occurring on Tribal Lands, Mendoza v. Isleta Resort and Casino (New Mexico Supreme Court)
Oregon—Compensability for Impairment Related to Preexisting Conditions, Robinette v. SAIF Corp. (Oregon Court of Appeals)
Oregon—WC Coverage for Drivers Working for For-Hire Carriers, SAIF Corp. v. Ward (Oregon Court of Appeals)
Texas—Waiver of Subrogation, Texas Mutual Insurance Co. v. Stevenson (Court of Appeals of Texas)

For more information on the cases monitored by NCCI’s Legal Division in 2020, visit previous Court Case Update editions and Court Case Insights featured in the Legal section of INSIGHTS on ncci.com.

This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.

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