Month: December 2025

Dec 29, 2025

TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law

The Tennessee Supreme Court recently held that a retail store chain was not a statutory employer of a product vendor’s injured employee, reversing the state’s Court of Appeals and adopting...

TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law
Dec 22, 2025

NY Attorney’s Ex Parte Communication with MD Sinks Claim

The New York Appellate Division, Third Department, recently affirmed the state Workers’ Compensation Board’s decision to disallow a claim for hearing loss based on improper ex parte communications between the...

NY Attorney’s Ex Parte Communication with MD Sinks Claim NY Attorney’s Ex Parte Communication with MD Sinks Claim
Dec 16, 2025

NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision

In a 4–3 decision, the North Carolina Supreme Court reversed the Court of Appeals and held that a construction company did not jointly employ an off-duty deputy sheriff injured while...

NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision
Dec 11, 2025

Ohio Court Affirms Summary Judgment in Retaliation Case

Probationary Status and Multiple Witnesses Defeat Pretext Claim An Ohio appellate court has affirmed summary judgment for an employer in a workers’ compensation retaliation case where timing alone could not...

Ohio Court Affirms Summary Judgment in Retaliation Case Ohio Court Affirms Summary Judgment in Retaliation Case
Dec 9, 2025

PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle

Yesterday, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision affirming denial of benefits to a police officer who developed disabling PTSD following a November 2020 incident in...

PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle
Dec 8, 2025

DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation

The Delaware Supreme Court recently affirmed a decision applying the recurrence versus aggravation framework in a case with an unusual result: because the claimant had commuted his earlier workers’ compensation...

DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation
Dec 4, 2025

When Customer Confrontations Turn Violent, Workers’ Comp May Still Control

Georgia Court Applies Exclusive Remedy to Customer Assault Claim The Georgia Court of Appeals recently addressed an unsettling scenario: a cashier who alleged she was stabbed by a disgruntled drive-through...

When Customer Confrontations Turn Violent, Workers’ Comp May Still Control When Customer Confrontations Turn Violent, Workers’ Comp May Still Control
Dec 2, 2025

NY Court of Appeals Issues Two Major COVID-19 Decisions

On November 24, 2025, the New York Court of Appeals issued two decisions that clarify the standards governing workers’ compensation claims arising from COVID-19. In Matter of McLaurin v. New...

NY Court of Appeals Issues Two Major COVID-19 Decisions NY Court of Appeals Issues Two Major COVID-19 Decisions
Dec 1, 2025

Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies

Skala v. Comfort Systems USA, Inc., 2025 Ark. 183, 2025 Ark. LEXIS 144 (Nov. 20, 2025), is one of those cases where the doctrinal lines between two distinct bodies of...

Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies