Newest Articles

Sep 10, 2026

Blackout Behind the Wheel

Indiana Holds That Driving at Highway Speed Increased the Risk of a Fainting Spell, Making the Resulting Crash Injuries Compensable The Indiana Court of Appeals has affirmed an award of...

Blackout Behind the Wheel Blackout Behind the Wheel
Sep 8, 2026

PA’s AMA Guides Law Beats Back a New Kind of Challenge

State Court Rejects Three Constitutional Theories Against Its Impairment-Rating Statute — Including One Never Tested Before A Pennsylvania appeals court has affirmed a modification from total to partial disability benefits...

PA’s AMA Guides Law Beats Back a New Kind of Challenge PA’s AMA Guides Law Beats Back a New Kind of Challenge
Sep 4, 2026

Sixteen “Matches,“ No Fraud

NY's Third Department Affirms the Board's Rejection of a § 114-a Finding Built on Mismatched Database Hits Yesterday, the Appellate Division, Third Department affirmed a Workers' Compensation Board decision finding...

Sixteen “Matches,“ No Fraud Sixteen “Matches,“ No Fraud
Sep 1, 2026

KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement

The Kentucky Supreme Court has held that an employer’s statutory right to recover workers’ compensation benefits from an employee’s third-party settlement takes effect immediately, rejecting an argument that would have...

KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement

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Sep 14, 2026

Ten Years, One Claim

D.C.’s Highest Local Court Splits 2-1 on Whether a Single Timely Filing Can Keep a Workers’ Compensation Claim Alive Through a Decade of Silence In a panel decision, the District...

Ten Years, One Claim Ten Years, One Claim
Sep 10, 2026

Blackout Behind the Wheel

Indiana Holds That Driving at Highway Speed Increased the Risk of a Fainting Spell, Making the Resulting Crash Injuries Compensable The Indiana Court of Appeals has affirmed an award of...

Blackout Behind the Wheel Blackout Behind the Wheel
Sep 8, 2026

PA’s AMA Guides Law Beats Back a New Kind of Challenge

State Court Rejects Three Constitutional Theories Against Its Impairment-Rating Statute — Including One Never Tested Before A Pennsylvania appeals court has affirmed a modification from total to partial disability benefits...

PA’s AMA Guides Law Beats Back a New Kind of Challenge PA’s AMA Guides Law Beats Back a New Kind of Challenge
Sep 4, 2026

Sixteen “Matches,“ No Fraud

NY's Third Department Affirms the Board's Rejection of a § 114-a Finding Built on Mismatched Database Hits Yesterday, the Appellate Division, Third Department affirmed a Workers' Compensation Board decision finding...

Sixteen “Matches,“ No Fraud Sixteen “Matches,“ No Fraud
Sep 1, 2026

KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement

The Kentucky Supreme Court has held that an employer’s statutory right to recover workers’ compensation benefits from an employee’s third-party settlement takes effect immediately, rejecting an argument that would have...

KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement
Aug 31, 2026

Florida Court Clarifies Standard for Reimbursing Guardianship Expenses in Comp Claims

The First District Court of Appeal has reversed a Judge of Compensation Claims who applied too narrow a standard in denying a claimant reimbursement for the costs of obtaining a...

Florida Court Clarifies Standard for Reimbursing Guardianship Expenses in Comp Claims Florida Court Clarifies Standard for Reimbursing Guardianship Expenses in Comp Claims
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

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