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 Mercado v. Hyannis Air Service, Inc., 2025 U.S. App. LEXIS 24455 (1st Cir. Sept. 22, 2025), the First Circuit vacated a district court’s grant of summary judgment in a...
First Circuit Reverses Summary Judgment in Puerto Rico Retaliation Case First Circuit Reverses Summary Judgment in Puerto Rico Retaliation CaseA New York appellate court has reversed a Workers’ Compensation Board decision that classified an injured construction worker as an employee, holding that the Board failed to apply the statutory...
NY Court Reverses Employment Classification Decision in Construction Injury Case NY Court Reverses Employment Classification Decision in Construction Injury CaseThe Ohio Supreme Court has upheld additional workers’ compensation benefits for a roofer injured in a fall, holding that merely transporting safety equipment to a jobsite does not satisfy fall-protection...
Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through Skylight Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through SkylightThe Kentucky Supreme Court has ruled that the state’s Official Disability Guidelines (ODG) can be applied retroactively to deny workers’ compensation coverage for treatments that were previously deemed compensable for...
Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid Coverage Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid CoverageThe Georgia Court of Appeals has ruled that workers’ compensation settlements cannot generally bar separate tort claims when the parties expressly preserve those rights in writing. In Pierre v. MICRO-JA/X,...
GA Court Preserves Tort Rights Despite Workers’ Comp Settlement GA Court Preserves Tort Rights Despite Workers’ Comp SettlementThe Mississippi Supreme Court, stressing the derivative nature of wrongful death actions, held that because a school resource officer for a county school district would have been barred—on exclusive remedy...
The Derivative Nature of Wrongful Death Claims Proves Decisive The Derivative Nature of Wrongful Death Claims Proves DecisiveThe Pennsylvania Commonwealth Court addressed a critical procedural question for the state’s Uninsured Employers Guaranty Fund in Uninsured Employers Guaranty Fund v. Aguilar, 2025 Pa. Commw. LEXIS 162 (Sept. 9,...
PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation Claims PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation ClaimsThe Oklahoma Supreme Court recently delivered a significant ruling for employers in Obi Holding Co. v. Schultz-Butzbach, 2025 OK 55 (Sept. 9, 2025), clarifying that workers’ compensation claimants must continuously...
Oklahoma Supreme Court Clarifies “Active Pursuit” Requirement for Workers’ Compensation Claims Oklahoma Supreme Court Clarifies “Active Pursuit” Requirement for Workers’ Compensation ClaimsThe Virginia Court of Appeals has ruled that a public street crosswalk between a parking garage and hospital entrance did not constitute an employer’s “extended premises” under workers’ compensation law...
Virginia Court Rejects Extended Premises Claim for Crosswalk Injury Virginia Court Rejects Extended Premises Claim for Crosswalk InjuryIn a case of first impression, the Florida First District Court of Appeal has held that Expert Medical Advisor (EMA) reports and testimony in workers’ compensation proceedings must be admitted...
Florida: EMA Opinions May Not Be Excluded under Daubert Standards Florida: EMA Opinions May Not Be Excluded under Daubert StandardsThe Idaho Supreme Court has ruled that district courts retain subject matter jurisdiction over claims alleging employer “willful or unprovoked physical aggression” under Idaho Code § 72-209(3), even when a...
ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception ClaimsIn Lilly v. Weisinger, 2025 Tex. App. LEXIS 6851 (Aug. 28, 2025), a Texas appellate court held that the exclusive remedy provision of the state’s Workers’ Compensation Act barred a...
Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury
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