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 DayDriscoll 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 DayIn *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 AccidentIn 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 SettlementIn a decision that has been not been designated for publication, the Court of Appeals of Virginia held that an employee cured his refusal of selective employment (“light work”) where,...
Virginia Employee Who Cures Light Work Refusal Entitled to Comp Benefits Virginia Employee Who Cures Light Work Refusal Entitled to Comp BenefitsOn Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that...
Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge ClaimWhere Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...
New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not DisablingA state park grounds-keeper, who worked outside—often in cold conditions—for more than 35 years, and who developed a diabetic ulceration with a secondary formation of osteomyelitis—an infection in a bone...
New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease Claim New York: Long-Term Exposure to Cold Found Insufficient to Support Occupational Disease ClaimWhere a registered nurse suffered multiple allergic attacks caused by exposure to a chemical component of a floor wax product used by the hospital employing her, she was entitled to...
Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor Wax Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor WaxSurveillance video spanning a period of almost three years that showed that the claimant, a former dockworker and truck driver, engaged in numerous physical activities, including riding a motorcycle, attending...
Surveillance Video Sinks Ohio Claimant’s Odd-Lot Claim Surveillance Video Sinks Ohio Claimant’s Odd-Lot ClaimIn a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent...
South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub South Carolina Supreme Court Says Exotic Dancer Was an Employee of NightclubEarlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle...
Sunny Greetings from Isle of Palms, SC Sunny Greetings from Isle of Palms, SCA Colorado workers’ compensation insurer and an employer’s counsel need not respond to a discovery request made by a workers’ compensation claimant that they disclose whether any of them had...
Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp Judges Colorado Employer and Carrier Need Not Disclose if They Made Gifts to State Comp JudgesSupplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see...
Juries Will Decide if Uber and Lyft Drivers are Employees Juries Will Decide if Uber and Lyft Drivers are EmployeesHolding that the factual findings of a workers’ compensation judge were “self-contradictory,” the Supreme Court of Minnesota has, for the second time, reversed and remanded an award of benefits to...
MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2” MN High Court Gives Math Lesson to Lower Court: “2/3 Does Not Equal 1/2”An employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the...
Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim
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