Month: February 2026

Feb 26, 2026

Florida Court: IME Report Is Not a “Prescription” for Attendant Care

The Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...

Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant Care
Feb 24, 2026

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?

PA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?
Feb 19, 2026

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated

Arkansas Court Reverses Commission and Applies Increased-Risk Analysis A ranch hand who developed alpha-gal syndrome (AGS), a tick-borne allergy, after years of outdoor work in tick-infested conditions has had his...

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated
Feb 17, 2026

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?

Can a nurse practitioner’s opinion constitute the “competent medical evidence” required under New York law to establish causal relationship in a workers’ compensation case? The answer is “Yes,”at least according...

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It? A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?
Feb 13, 2026

WCRI’s New Data on Joint Replacement: A Shifting Landscape

In January 2026, the Workers Compensation Research Institute (WCRI) released a comprehensive study tracking joint replacement surgeries across 32 states over seven years, and the findings reveal both concerning trends...

WCRI’s New Data on Joint Replacement: A Shifting Landscape WCRI’s New Data on Joint Replacement: A Shifting Landscape
Feb 12, 2026

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence

Yesterday, the Appellate Division, Third Department affirmed a Workers’ Compensation Board decision establishing a claim for workers’ compensation death benefits, finding that a truck driver’s death from COVID-19 was causally...

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence
Feb 9, 2026

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling

In a 6–2 decision, the Oklahoma Supreme Court held that the state’s Administrative Workers’ Compensation Act does not limit a claimant to a single change of treating physician per claim—even...

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling
Feb 7, 2026

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment

Employee Tests at 48 Times the Statutory Limit In Del. Rosario v. Fresh Mark Inc., 2026-Ohio-274, 2026 Ohio App. LEXIS 282 (Ct. App. 5th Dist. Jan. 29, 2026), an Ohio...

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment