Court rules on trip and fall case
- The 5th Court of Appeals held the Texas Workers’ Compensation Act does not bar a claim made by a woman who sued Murphy Oil USA.
- The woman filed the lawsuit after she tripped and fell in the parking lot while on her way to work.
- Stegall initiated a workers’ compensation claim but did not send the insurer information necessary to evaluate the claim, and it was denied.
- The trial court denied the motion, connecting that Stegall was in the course and scope of her employment because she was on her way to work.
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Lawsuit sent back to state court
- A lawsuit initially filed in Kanawha Circuit Court in West Virginia was removed to federal court and was partially remanded back to state court.
- An ADT service technician was involved in a car accident that was not his fault during his employment, according to court documents.
- The plaintiff filed a workers’ compensation claim and was awarded benefits, but his employment was then terminated.
- The plaintiff claims when making the decision to terminate his employment, the defendant was motivated by the plaintiff’s disabilities.
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Report workers comp as early as possible in Delaware
- Employees who sustain an injury in the Delaware workplace must notify their employer immediately and request medical services.
- When a claim is denied or an employer refuses to agree to benefits, the employee has two years from the date of a workplace injury to file a petition with the state.
- The petition results in a hearing before the Industrial Affairs Board, which issues a final decision accepting or denying the claim.
- If the claim is denied, the worker has 30 days to appeal the decision to the Superior Court.
Order to pay $127,000 for fraud
- A man pleaded guilty in Clark County (Washington) Superior Court to second-degree theft for stealing workers’ compensation benefits.
- Daniel Lesieur was sentenced to 30 days of electronic home monitoring and ordered to pay back the state more than $127,000.
- Lesieur deceived providers and lied on official forms to take nearly $121,000 in wage replacement payments and more than $6,200 in training services.
- Lesieur continued to operate his construction business, Elk Ridge Custom Homes, collecting more than $370,000 for work in the Portland and Vancouver areas.
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