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Jan 14, 2025

MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability

Yesterday, reversing a trial court’s decision granting defendant vehicle owners’ motion for summary judgment, in Niebuhr v. Sieberg, 2025 Minn. App. LEXIS 4 (Jan. 13, 2025), the Minnesota Court of...

MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability
Jan 13, 2025

VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations

In a unanimous decision, Hill v. Agri-Mark, Inc., 2025 VT 3, 2025 Vt. LEXIS 2 (Jan. 10, 2025), the Supreme Court of Vermont affirmed the state Department of Labor’s authority...

VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations
Jan 7, 2025

What Should the Tort Jury Know About Comp Benefits Already Received?

NC Court Should Not Disclose Power of Court to Reduce Employer’s Comp Lien The North Carolina Court of Appeals recently held that despite the statutory requirement that a trial judge...

What Should the Tort Jury Know About Comp Benefits Already Received? What Should the Tort Jury Know About Comp Benefits Already Received?
Jan 6, 2025

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim

In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 Claim

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Jan 20, 2025

No PTSD Benefits for NY City Bus Driver

Passenger’s Attack Just Part of Driver’s “Normal Work Environment” In Matter of Waddy v. Manhattan & Bronx Surface Tr. Auth., 2025 N.Y. App. Div. LEXIS 244 (3rd Dept. Jan. 16,...

No PTSD Benefits for NY City Bus Driver No PTSD Benefits for NY City Bus Driver
Jan 14, 2025

MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability

Yesterday, reversing a trial court’s decision granting defendant vehicle owners’ motion for summary judgment, in Niebuhr v. Sieberg, 2025 Minn. App. LEXIS 4 (Jan. 13, 2025), the Minnesota Court of...

MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability
Jan 13, 2025

VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations

In a unanimous decision, Hill v. Agri-Mark, Inc., 2025 VT 3, 2025 Vt. LEXIS 2 (Jan. 10, 2025), the Supreme Court of Vermont affirmed the state Department of Labor’s authority...

VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations
Jan 7, 2025

What Should the Tort Jury Know About Comp Benefits Already Received?

NC Court Should Not Disclose Power of Court to Reduce Employer’s Comp Lien The North Carolina Court of Appeals recently held that despite the statutory requirement that a trial judge...

What Should the Tort Jury Know About Comp Benefits Already Received? What Should the Tort Jury Know About Comp Benefits Already Received?
Jan 6, 2025

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim

In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 Claim
Jan 6, 2025

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence

In Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence
Dec 31, 2024

Oregon Jaywalker Might Be Awarded Benefits

Appeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...

Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded Benefits
Dec 30, 2024

NC Court of Appeals Reverses $28.9 Million Tort Judgment

Insurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...

NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort Judgment
Dec 27, 2024

NY: Adverse Reaction to COVID Vaccination Not Compensable

Employer Encouraged, But Did Not Require Inoculation A New York appellate court has affirmed the state Workers’ Compensation Board’s denial of benefits to a healthcare worker who suffered adverse reactions...

NY: Adverse Reaction to COVID Vaccination Not Compensable NY: Adverse Reaction to COVID Vaccination Not Compensable
Dec 20, 2024

PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree

In Bradford County v. Pasko, 323 A.3d 39 (Pa. Commw. 2024), the Pennsylvania Commonwealth Court affirmed a Workers’ Compensation Appeal Board decision that denied an employer’s claimed offset against workers’...

PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree
Dec 18, 2024

Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition

The Arkansas Court of Appeals has reversed a workers’ compensation award for permanent impairment related to atrial fibrillation that developed following a COVID-19 infection [Booneville Hum. Dev. Ctr. v. Foster,...

Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition
Dec 17, 2024

MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage

A general contractor that contractually required its subcontractors to maintain workers’ compensation insurance is immune from tort liability, even when sued by a corporate officer of the subcontractor who had...

MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage

New Comments

  • trob: Excellent question. My thought is that the employer was following what it assumed was the typical practice of seeking to protect its "subrogation" interest in state court; in virtually all jurisdictions, the state trial courts are where subrogation issues are litigated. What differed here, of course, was that it wasn't a standard subrogation case, i.e., the employee's work-related injury wasn't ca...
  • ramivou: Why didn't they file it with the state Commission instead?
  • Thomas A. Robinson: I suspect that ACME could seek contractual indemnity, as you note, either from the staffing agency or its carrier. The goal of the Board or agency generally is to see to the proper award of benefits for compensable injuries. Allowing the "aggrieved" parties to sort it out later is completely consistent with the overall theory of workers' compensation. Many thanks for the comment. Best wishes.
  • Barry Stinson: I wonder if Acme's insurer could seek contractural indemnity from Variety's insurer outside of the WC system.
  • Michael C. Duff: The conceptual distinction is between joint causation and presumptive single causation.
  • Thomas A. Robinson: Sorry, I don't/can't provide legal advice. Best wishes, however.
  • Ken Smith: What can I do when my attorney blows my case with an incomplete RB89
  • Thomas A. Robinson: Good point, although the interesting thing about the case--at least to me--is that it discusses the important "injury by accident" issue. That issue, present in at least a plurality of state acts, is largely ignored by Commissions, Boards, and Courts these days. Here, also, the case was so fact-specific that even it had been issued as published, it would be factually distinguishable from many othe...
  • kathlyn gorman: It should have been noted in your discussion that this is an unpublished opinion of the North Carolina Court of Appeals. Thus, it does not constitute controlling legal authority.
  • Thomas A. Robinson: You're correct. Ordinarily, I can depend upon Alabama to provide me with at least one case for "the List." I'll bet 2022 will unearth something bizarre from the Great State of Alabama. Take care.