Utah Supreme Court Says a Pleaded Notice Defense Dies if the Employer Never Asks the ALJ to Rule on It The Utah Supreme Court has held that an employer waives...
Waiving a Defense You Never Actually Argued Waiving a Defense You Never Actually ArguedDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementNC Court of Appeals Revives Employer’s Subrogation Claim in $450,000 Third‑Party Case The North Carolina Court of Appeals recently vacated a trial court order that extinguished an employer’s workers’ compensation...
NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” Settlement NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” SettlementEx-Spouse Entitled to Benefits Despite Remarriage and a 35-Year Gap Before Death The Supreme Judicial Court of Maine has held that a claimant’s eligibility for workers’ compensation death benefits turns...
Maine High Court: Dependency for Death Benefits Locks In at Date of Injury Maine High Court: Dependency for Death Benefits Locks In at Date of InjuryFood-Plant Worker’s Bilateral Hand Injuries Qualify Without Proof of a Job Search The Mississippi Court of Appeals affirmed a Workers’ Compensation Commission award of permanent total disability benefits to a...
MS Clarifies Two Paths to the Presumption of Total Occupational Loss MS Clarifies Two Paths to the Presumption of Total Occupational LossA Trial Court Found Permanent Total Disability. The Scheduled Injury Statute Said Otherwise. The Alabama Court of Civil Appeals has affirmed a judgment limiting an injured worker to scheduled-member benefits...
Issue Commentary: Alabama’s Scheduled Injury Ceiling and the Cost of a Conclusive Presumption Issue Commentary: Alabama’s Scheduled Injury Ceiling and the Cost of a Conclusive Presumption