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Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll 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 Day
Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll 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 Day
Aug 19, 2026

VA: One Basket, Two Injuries—and Only One Compensable Accident

In *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 Accident
Aug 17, 2026

UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement

In 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 Settlement

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Aug 24, 2026

Waiving a Defense You Never Actually Argued

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 Argued
Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll 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 Day
Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll 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 Day
Aug 19, 2026

VA: One Basket, Two Injuries—and Only One Compensable Accident

In *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 Accident
Aug 17, 2026

UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement

In 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 Settlement
Aug 11, 2026

NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” Settlement

NC 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” Settlement
Aug 10, 2026

Maine High Court: Dependency for Death Benefits Locks In at Date of Injury

Ex-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 Injury
Aug 7, 2026

MS Clarifies Two Paths to the Presumption of Total Occupational Loss

Food-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 Loss
Aug 4, 2026

Issue Commentary: Alabama’s Scheduled Injury Ceiling and the Cost of a Conclusive Presumption

A 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
Jul 31, 2026

Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled

Tenth District Distinguishes AutoZone Where Surgery, Not Retirement, Came First The Tenth District Court of Appeals for Franklin County has granted a writ of mandamus ordering the Industrial Commission of...

Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled
Jul 29, 2026

Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License

Appeals Court Affirms $12,000 Penalty for Licensing Lapse The Texas Court of Appeals for the Fifteenth District affirmed a $12,000 administrative penalty against a chiropractor who continued treating and billing...

Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License
Jul 28, 2026

Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption

MN Supreme Court Reverses WCCA and Remands Unresolved Issues The Minnesota Supreme Court has held that an employer may rebut the statutory presumption for work-related PTSD through evidence other than...

Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption

New Comments

  • ramivou: They hid behind a flawed "reading" of this statute for a decade. I am glad the SC finally put an end to the misconception that it was a "first six months only" filing requirement, rather than an ongoing responsibility.
  • trob: Thanks for the query. New York's going and coming doctrine is similar to that in place in the majority of jurisdictions. That is to say that for employees with a fixed place of work and who are on a relatively consistent work schedule, the commute to and from the residence is outside the course and scope of the employment. Often overlooked is the fact that the employee must generally have a fixed ...
  • ramivou: Is coming and going covered in NY?
  • 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