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Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...

Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an Employee
Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

KY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...

Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of Causation
Sep 28, 2026

The Heart Has Wiring, Too

FL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...

The Heart Has Wiring, Too The Heart Has Wiring, Too
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...

“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under New

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May 14, 2016

Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers’ Comp Programs?

Part of SSDI’s Fiscal Weakness Tied to Cost Shifting from Workers’ Compensation In an important recent paper, Professor John Burton and his colleague, Steve Guo, argue that significant fiscal improvements...

Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers’ Comp Programs? Does Long-Term Strength of the SSDI Trust Fund Depend Upon Changes to State Workers’ Comp Programs?
Apr 20, 2016

Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law

The 2013 Oklahoma workers’ compensation “reforms” 2013 Senate Bill 1062 which, among other things, created the state’s uber-controversial “Opt Out” arrangement, in which employers can jettison the entire state-run system...

Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law Oklahoma Supreme Court Lands Yet Another Body Blow to State’s Controversial Opt Out Law
Apr 4, 2016

Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans

A bill [S. 2506] introduced on February 4, 2016, by Senator Patrick Leahy (D-VT), would, if passed into law, appear to invalidate a core provision found in most Texas workers’...

Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans
Mar 22, 2016

Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”

On March 11, 2016, Virginia governor McAuliffe signed into law a bill extending the state’s narrow presumption of compensability [Va. Code Ann. § 65.2–105] to cover most claims where the...

Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify” Virginia Legislature Instructs Appellate Court: Deceased Employees Really Are “Physically Unable to Testify”
Mar 4, 2016

Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?

As I reported on Wednesday, in Torres v. Seaboard Foods, LLC, the Supreme Court of Oklahoma struck down a provision in the state’s workers’ compensation law that disqualifies a claimant...

Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out? Does Torres Signal How OK High Court Will Decide Constitutionality of Opt Out?
Mar 2, 2016

Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule

In Recent “Comp” Decisions (the other from Commission), Oklahoma Legislature Is “0 for 2” A provision in Okla. Stat. tit. 85A, § 2(14) that disqualifies a claimant from recovering for...

Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule Oklahoma High Court Strikes Down State’s 180-Day Cumulative Trauma Employment Rule
Feb 26, 2016

Oklahoma Commission Strikes Down State’s Opt Out Law

Equal Treatment Under the State’s Dual System is “a Water Mirage” This afternoon (Feb. 26, 2016), in a lengthy Commission Order, the Oklahoma Workers’ Compensation Commission found that Sections 203...

Oklahoma Commission Strikes Down State’s Opt Out Law Oklahoma Commission Strikes Down State’s Opt Out Law
Feb 25, 2016

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge

An Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge...

Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge
Feb 22, 2016

Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired

A mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed...

Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired
Feb 18, 2016

Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death

Where a father and son were co-employees working at an excavation site and the son was struck in the head with the bucket of a track hoe—the blow causing serious...

Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death
Feb 16, 2016

Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”

In what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver...

Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting” Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”
Feb 3, 2016

2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?

I read with great interest Bob Wilson’s post yesterday signaling that the Tennessee Opt Out “initiative” may be DOA this year.  Indeed, I’d been checking Bill Tracking Reports since the...

2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared? 2016 Opt Out Legislation: Is it as “Inevitable” as Some Have Hoped/Feared?

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