Kentucky Court Upholds Verdict for Injured Miner
- A Kentucky jury found Lazarus Coal liable for retaliating against miner Abram Scott Adkins after a falling rock injured his arm.
- Adkins filed a lawsuit alleging the company unlawfully punished him for exercising his workers’ compensation rights under state law.
- The Kentucky Court of Appeals officially upheld this initial liability verdict against the employer.
- However, the appellate court ordered a recalculation of Adkins’ court-awarded attorney fees.
Employee Lawsuit Proceeds After Workers’ Comp Denial
- Following a workers’ compensation denial, Pamela Rousseau filed an airport injury lawsuit against the City of Houston.
- The municipality moved for a summary judgment dismissal based on its governmental immunity.
- However, the Texas Court of Appeals affirmed the denial of the city’s motion.
- This appellate decision permits the employee’s negligence lawsuit to proceed.
Court Reverses Board’s Denial of Injured Worker’s Appeal Cover Sheet Flaws
- A New York appellate court reversed a Workers’ Compensation Board decision that denied an injured retail store assistant manager’s application for review.
- The Board initially rejected the worker’s appeal because her application form contained omissions regarding the date and method of filing and service.
- The court ruled that denying an application based on minor mistakes on a cover sheet violates workers’ compensation law.
- Because the claimant met actual deadline requirements and her employer faced no prejudice, the court deemed the Board’s denial an abuse of discretion.