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Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)

Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951) Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)
Issue commentary
Apr 15, 2025

Arkansas Court Denies Benefits to Good Samaritan Band Director

In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...

Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band Director
Case comment
Apr 14, 2025

Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack

In a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...

Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack
Case comment
Apr 10, 2025

Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979)

Background On September 28, 1973, at approximately 2:30 a.m., James Hawk II, the president, sole stockholder, and chief operating officer of Jim Hawk Chevrolet-Buick, Inc., died when his private airplane...

Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979) Throwback Thursday: Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979)
Issue commentary
Apr 8, 2025

NC Court Rejects Tort Claim for Workplace Fatality

In a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...

NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace Fatality
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Jun 27, 2024

Delaware Supreme Court Says COVID-19 Not Occupational Disease for Poultry Worker

Delaware Supreme Court Says COVID-19 Not Occupational Disease for Poultry Worker Delaware Supreme Court Says COVID-19 Not Occupational Disease for Poultry Worker
Case comment
Jun 24, 2024

Ladder Safety “Feet” Are Not “Equipment Safety Guard” Under Ohio’s Intentional Tort Statute

Ladder Safety “Feet” Are Not “Equipment Safety Guard” Under Ohio’s Intentional Tort Statute Ladder Safety “Feet” Are Not “Equipment Safety Guard” Under Ohio’s Intentional Tort Statute
Case comment
Jun 20, 2024

NY Board Erred in Denying Review of COVID Claim Because Claimant Used Old RB-89 Form

NY Board Erred in Denying Review of COVID Claim Because Claimant Used Old RB-89 Form NY Board Erred in Denying Review of COVID Claim Because Claimant Used Old RB-89 Form
Case comment
Jun 19, 2024

9th Circuit: California’s Differential Treatment of App-Based Transportation and Delivery Companies Survives Rational Basis Review

9th Circuit: California’s Differential Treatment of App-Based Transportation and Delivery Companies Survives Rational Basis Review 9th Circuit: California’s Differential Treatment of App-Based Transportation and Delivery Companies Survives Rational Basis Review
Case comment
Jun 18, 2024

California Court Revives Widow’s COVID-19 Suit Against Husband’s Employer

California Court Revives Widow’s COVID-19 Suit Against Husband’s Employer California Court Revives Widow’s COVID-19 Suit Against Husband’s Employer
Case comment
Jun 17, 2024

Florida Court Reverses AWW Calculation for Minor League Baseball Player

Florida Court Reverses AWW Calculation for Minor League Baseball Player Florida Court Reverses AWW Calculation for Minor League Baseball Player
Case comment
Jun 17, 2024

Oklahoma: Co-Employee Must Be In Course and Scope of Employment for Exclusive Remedy Protection

Oklahoma: Co-Employee Must Be In Course and Scope of Employment for Exclusive Remedy Protection Oklahoma: Co-Employee Must Be In Course and Scope of Employment for Exclusive Remedy Protection
Case comment
Jun 14, 2024

D.C. Court of Appeals: Midwife's Injury Walking Between Buildings Arose Out of and In the Course of Employment

D.C. Court of Appeals: Midwife's Injury Walking Between Buildings Arose Out of and In the Course of Employment D.C. Court of Appeals: Midwife's Injury Walking Between Buildings Arose Out of and In the Course of Employment
Case comment
Jun 12, 2024

Hawaii Court Says Employer May be Estopped from Asserting Statute of Limitations Defense

Hawaii Court Says Employer May be Estopped from Asserting Statute of Limitations Defense Hawaii Court Says Employer May be Estopped from Asserting Statute of Limitations Defense
Case comment
Jun 11, 2024

MD Court: Financial Advisor's Pneumonitis Not an Occupational Disease

MD Court: Financial Advisor's Pneumonitis Not an Occupational Disease MD Court: Financial Advisor's Pneumonitis Not an Occupational Disease
Case comment
Jun 10, 2024

MS Employer/Carrier Not Entitled to Reimbursement for Second Medical Opinion Out of Injured Employee’s Third-Party Recovery

MS Employer/Carrier Not Entitled to Reimbursement for Second Medical Opinion Out of Injured Employee’s Third-Party Recovery MS Employer/Carrier Not Entitled to Reimbursement for Second Medical Opinion Out of Injured Employee’s Third-Party Recovery
Case comment
Jun 10, 2024

California Building Owner Not Liable in Tort for Injuries to Sub’s Employee

California Building Owner Not Liable in Tort for Injuries to Sub’s Employee California Building Owner Not Liable in Tort for Injuries to Sub’s Employee
Case comment

New Comments

  • 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
  • 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...