Court Upholds Verdict for Injured Miner

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.

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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.

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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.