Appeals Court Upholds Workers’ Comp Obligations

Colorado ruling could have widespread impact

  • Colorado’s second-highest court rejected an attempt by King Soopers to sidestep its obligation to compensate a worker for his injuries.
  • The ruling upholds a previous decision by the state’s Supreme Court.
  • In August 2021, assistant manager Michael Waters was moving pallets of material at a King Soopers store when his leg gave out and he fell.
  • Administrative Law Judge Steven R. Kabler determined the cause of Waters’ injury was “unexplained,” but he was entitled to workers’ comp benefits under a ruling of the Supreme Court.
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Police chief struggling to get workers’ comp

  • Franco Fuda, a former police chief in West Virginia, is struggling to get workers’ compensation after being injured while on the job.
  • Fuda was let go on July 1, after 23 years with the Bonneau Police Department and blamed an issue with workers’ compensation insurance.
  • Fuda said he was injured on the job after falling in July of 2021, but, he said his workers’ comp insurance with the State Accident Fund has delayed his recovery process.
  • He has waited almost three years to get the first treatment for an injured neck.
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Iowa court rules on workers’ comp, marital separation

  • The Supreme Court of Iowa affirmed that the separation of a husband and wife, by itself, does not affect the right of a surviving spouse to workers’ comp benefits.
  • Almost two and a half years into an Iowa couple’s marriage, the plaintiff left the marital home in search of employment elsewhere.
  • She ultimately accepted a position in Cedar Rapids as a direct care provider with Linnhaven Inc.
  • The plaintiff was permanently and totally disabled as a result of a work injury and was awarded workers’ compensation benefits. She later died from an overdose of prescription medication.
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Help for Lyft, Uber drivers derailed

  • Legislative proposals in various states to mandate increased pay and better working conditions for Lyft and Uber drivers hit roadblocks again this year
  • There was a governor’s veto in Minnesota to promote this issue, and Washington State expanded a one-of-a-kind ride-share driver benefits law.
  • There have been several lawsuits, regulatory proposals, and advocacy asking for better treatment for these drivers.
  • However, Washington is the only state where lawmakers have successfully legislated their way to driver benefits without a ballot measure.
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