Texas Court Applies Motor Carrier Exception to General Contractor Rule A Texas appellate court has affirmed a trial court’s take-nothing judgment in favor of Texas Mutual Insurance Company, concluding that...
Independent Contractor Peace Officer Not Covered by Workers’ Compensation Independent Contractor Peace Officer Not Covered by Workers’ CompensationBackground The early 20th century saw a seismic shift in how American society approached workplace injuries. Before the widespread adoption of workers' compensation laws, injured workers typically had to sue...
Throwback Thursday: New York Central R. Co. v. White (1917) Throwback Thursday: New York Central R. Co. v. White (1917)In Muse v. Daimler Trucks N. Am., 2025 N.C. App. LEXIS 113 (Mar. 19, 2025), the North Carolina Court of Appeals affirmed the Industrial Commission’s denial of workers’ compensation benefits...
Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp Act Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp ActIn what I think is an unprecedented decision, the Connecticut Supreme Court has held that a workers’ compensation commissioner may award ongoing temporary partial incapacity benefits even after a claimant...
CT Supreme Court: Temporary Partial Benefits May Continue After MMI CT Supreme Court: Temporary Partial Benefits May Continue After MMIIn a closely watched decision, the Supreme Court of Pennsylvania affirmed the Commonwealth Court’s ruling that a workers’ compensation claimant may be reimbursed for the cost of physician-prescribed cannabidiol (CBD)...
PA Supreme Court Affirms Cannabidiol Reimbursement for Injured Attorney PA Supreme Court Affirms Cannabidiol Reimbursement for Injured AttorneyBackground In 2000, Fernando Correa, an undocumented worker employed at Waymouth Farms, Inc., suffered a back injury while lifting a box in the company’s warehouse. His employer initially accepted the...
Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003) Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003)In Matter of Hanson v. General Electric Co., 2025 N.Y. App. Div. LEXIS 1397 (3d Dept. Mar. 13, 2025), a New York appellate court reversed the Workers’ Compensation Board’s decision...
NY Appellate Court Reverses Board’s Decision in Death Benefits Case NY Appellate Court Reverses Board’s Decision in Death Benefits CaseIn Kuo v. Dublin Unified School District, 2025 Cal. App. LEXIS 147 (Mar. 12, 2025), the First Appellate District (Division Four) of the California Court of Appeal held that because...
California Court Bars Lawsuit Over Volunteer’s Death California Court Bars Lawsuit Over Volunteer’s DeathExclusive Remedy and the Independent Injury Exception A cornerstone of workers’ compensation law is the exclusive remedy rule, which generally bars employees and their families from suing an employer in...
Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997) Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997)250312 Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Industrial Commission Ordered to Reevaluate Denied PTD Claim Ohio’s Tenth District Court of Appeals recently ruled that the...
Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability CaseIn a decision that reinforces Virginia’s approach to compensability under the state’s Workers’ Compensation Act (“the Act”), the Virginia Court of Appeals has affirmed an award of benefits to a...
VA Truck Driver’s Assault Following Road Rage Incident Found Compensable VA Truck Driver’s Assault Following Road Rage Incident Found CompensableBackground On December 28, 1979, Alcide Guidry, a 53-year-old industrial painter, arrived at work as usual at 7:30 a.m. for Sline Industrial Painters. Assigned with a colleague to paint large...
Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982) Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982)