Claim Closure with Brian Groesser

A special treat of three published Court of Appeals cases in one week. Baker discusses the requirement for a Pleasant case to survive summary judgment in a civil proceeding. Brewer discusses the burden when it comes to the Parsons presumption. And Marlow allowed a civil case to survive summary judgment with a finding that the accident did not arise out of the employment - despite the employer already accepting the accident as compensable on a Form 60. Listen in to learn how these cases can impact your claim handling. Download, listen and follow here:

Apple: https://podcasts.apple.com/us/podcast/claim-closure-with-brian-groesser/id1660597638

Spotify: https://open.spotify.com/show/4gMNehrvNetVpaXIQSemwA?si=XZad5V-BTVWfW2gJuwghJw&nd=1

iHeart: https://www.iheart.com/podcast/269-claim-closure-with-brian-g-106179968/

Amazon: https://music.amazon.com/podcasts/bc865c19-fc8f-48ef-8563-96f0ce867692/claim-closure-with-brian-groesser

This one has been 12 years in the making. Ever since the Act was changed in 2011 and a 500-week cap installed regarding entitlement to indemnity benefits, employers and employees have been waiting for the Court of Appeals to decide what it actually takes to have benefits extended beyond 500 weeks. And now we have our answer in Sturdivant. Or do we? The Court of Appeals actually vacated its own decision and will reassess after essentially eliminating the 500-week cap by its original decision. We will discuss this case along with a Woodson analysis of what it takes for an employer to be sued in civil court and not have the exclusive remedy protection typically afforded under the Act. Download, listen and follow here:

Apple: https://podcasts.apple.com/us/podcast/claim-closure-with-brian-groesser/id1660597638

Spotify: https://open.spotify.com/show/4gMNehrvNetVpaXIQSemwA?si=XZad5V-BTVWfW2gJuwghJw&nd=1

iHeart: https://www.iheart.com/podcast/269-claim-closure-with-brian-g-106179968/

Amazon: https://music.amazon.com/podcasts/bc865c19-fc8f-48ef-8563-96f0ce867692/claim-closure-with-brian-groesser?refMarker=nul

Employee gets injured goofing off with another employee. Automatic denial, right? Not necessarily. This episode will delve into the history of horseplay and how such injuries have actually generally been found to be compensable unless certain exceptions apply. People who work together tend to play together.

https://podcasts.apple.com/us/podcast/arising-out-of-the-employment-horseplay/id1660597638?i=1000601836073

So a worker is assaulted on the job. Is it compensable? This episode will discuss when an assault arises out of the employment making it compensable and when it should be denied. All episodes can be downloaded here:

Apple: https://podcasts.apple.com/us/podcast/claim-closure-with-brian-groesser/id1660597638
Spotify: https://open.spotify.com/show/4gMNehrvNetVpaXIQSemwA?si=XZad5V-BTVWfW2gJuwghJw&nd=1
iHeart: https://www.iheart.com/podcast/269-claim-closure-with-brian-g-106179968/
Amazon: https://music.amazon.com/podcasts/bc865c19-fc8f-48ef-8563-96f0ce867692/claim-closure-with-brian-groesser?refMarker=null