Month: March 2026

Mar 31, 2026

PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act

The Commonwealth Court of Pennsylvania recently held that Scomed Supply, a retail seller of medical supplies, is not a “health care provider” as defined by Section 109 of the Pennsylvania...

PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act
Mar 27, 2026

PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311

State’s Highest Court Reverses Lower Court’s Ruling A sole proprietor need not notify his workers’ compensation insurer within 120 days of injury to preserve a claim under Section 311 of...

PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311 PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311
Mar 24, 2026

Issue Commentary: Counting Heads or Counting Employees?

The Statutory Employee Problem in Numerical-Minimum Cases A recent Virginia decision raises a question that courts applying workers’ compensation numerical-minimum statutes have rarely paused to examine: when subcontractor workers are...

Issue Commentary: Counting Heads or Counting Employees? Issue Commentary: Counting Heads or Counting Employees?
Mar 23, 2026

Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity

The Supreme Court of Kentucky has affirmed a finding by the state’s Court of Appeals that summary judgment was improper in a negligence and products-liability action alleging mesothelioma caused by...

Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity
Mar 17, 2026

Up-the-Ladder Immunity Runs Only One Direction

Federal Court in Kentucky Says Common Carrier’s Defense Fails A federal court applying Kentucky workers’ compensation law recently rejected a motor carrier’s claim that it was entitled to up-the-ladder immunity...

Up-the-Ladder Immunity Runs Only One Direction Up-the-Ladder Immunity Runs Only One Direction
Mar 16, 2026

Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts

In Spade v. Appalachian Regional Healthcare, Inc., 2026 U.S. Dist. LEXIS 49799 (E.D. Ky. Mar. 11, 2026), the United States District Court for the Eastern District of Kentucky granted summary...

Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts
Mar 12, 2026

Virginia Court Counts Subcontractor Workers in Coverage Threshold Case

Small contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...

Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold Case
Mar 10, 2026

Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act

In Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...

Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act
Mar 6, 2026

New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits

Every dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...

New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits
Mar 5, 2026

Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage

In Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...

Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage
Mar 3, 2026

Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision

In Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...

Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision