PA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsAn Ohio appellate court has denied additional workers’ compensation benefits for the fatal workplace accident of a city arborist, ruling that construction safety regulations did not apply to tree removal...
Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident Ohio Court Rejects VSSR Claim for Arborist’ Fatal AccidentThe Supreme Judicial Court of Maine has upheld an average weekly wage calculation that produces an annual workers’ compensation award of approximately $60,000 for a truck driver who had earned...
Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual EarningsIn Kimberly-Clark Mill v. Moss, 2025 Pa. Commw. LEXIS 144 (Aug. 12, 2025), the Commonwealth Court of Pennsylvania provided important guidance on workers’ compensation notice requirements within the Keystone State,...
PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect TimingTexas Court Applies New Jurisdictional Framework in Workplace Violence Case In the long-running national debate over whether courts or workers’ compensation agencies should decide coverage disputes, Texas has now drawn...
Issue Commentary: What Forum Decides Exclusivity? Issue Commentary: What Forum Decides Exclusivity?The Washington Court of Appeals has rejected a novel attempt to sidestep co-employee immunity under the state’s Industrial Insurance Act, holding that property ownership alone does not establish the “separate...
Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning SupervisorsIn a decision that demonstrates Louisiana’s more liberal approach to the “substantially certain” exception to workers’ compensation exclusivity, the Louisiana First Circuit Court of Appeal reversed a trial court’s dismissal...
Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury CaseIn Wade v. State, 2025 Tenn. LEXIS 283 (Tenn. Workers’ Comp. Panel July 30, 2025), a Tennessee workers’ compensation appeals panel reversed the Claims Commission’s denial of medical benefits, applying...
Tennessee Court Finds Injuries from Medical Travel Compensable Tennessee Court Finds Injuries from Medical Travel CompensableAn employee’s civil action filed against her employer alleging intentional infliction of emotional distress following a workplace dog bite is barred by the exclusive remedy provision of the Connecticut Workers’...
CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort ClaimIn Brown v. Burlington Coat Factory of Texas, Inc., 2025 Mich. App. LEXIS 5524 (Mich. Ct. App. July 11, 2025), the Michigan Court of Appeals reaffirmed the narrow scope of...
Michigan Court Rejects Intentional Tort Claim in Fatal Workplace Shooting Michigan Court Rejects Intentional Tort Claim in Fatal Workplace ShootingThe Minnesota Supreme Court, in a divided decision, has issued a significant decision that potentially expands workers’ compensation coverage for post-traumatic stress disorder (PTSD) claims, particularly those brought by first...
Minnesota Supreme Court Clarifies PTSD Coverage for First Responders Minnesota Supreme Court Clarifies PTSD Coverage for First RespondersIn Buchanan v. Town of East Hartford, 2025 Conn. App. LEXIS 208 (July 15, 2025), the Connecticut Appellate Court, reversing a decision of the state’s Compensation Review Board, reinstated an...
CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation Evidence CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation EvidenceIn Hernandez v. Associated Wholesale Grocers, 2025 Neb. App. LEXIS 374 (Neb. Ct. App. July 1, 2025) (not designated for permanent publication). the Nebraska Court of Appeals affirmed the Workers’...
Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery
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