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 EmployeeKY 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 CausationFL 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, TooOregon 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 NewA workplace injury requiring skin grafting from one body part to repair another doesn’t automatically become an unscheduled whole-body claim, the Iowa Court of Appeals held in Laguerre v. JBS...
Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled Injury Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled InjurySkirts With Allowing Fault-Based Rule to Deny Claim In Estate of Perkins v. North American Stainless, 2025 Ky. LEXIS 221 (Oct. 23, 2025), the Kentucky Supreme Court affirmed the denial...
KY Supreme Court Affirms Denial of Benefits in COVID-19 Case KY Supreme Court Affirms Denial of Benefits in COVID-19 CaseThe Minnesota Supreme Court, adopting language from Larson’s Workers’ Compensation Law, § 20.01 (“Larson”), affirmed that a middle school teacher’s knee injury sustained while playing basketball with students during an...
MN Supreme Court: Teacher’s Injury During Student Basketball Practice Compensable MN Supreme Court: Teacher’s Injury During Student Basketball Practice CompensableRecently, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision denying PTSD benefits to a firefighter, holding that performing CPR on two infants who died within a 16-month...
PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two Infants PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two InfantsThe Delaware Superior Court reversed an Industrial Accident Board decision that denied recurrence benefits for psychological impairment, holding that the Board’s reliance on an orthopedic surgeon’s observations about psychological disorders—while...
Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological Disability Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological DisabilityIn a recent decision, the Tennessee Special Workers’ Compensation Appeals Panel affirmed an order requiring the employer to provide a new panel of physicians even though the employee had previously...
New Physician Panel Ordered after Doctor Terminates Care New Physician Panel Ordered after Doctor Terminates CareIn Land v. Whitley, 2025 N.C. LEXIS 868 (N.C. Oct. 17, 2025), the North Carolina Supreme Court held that a trial court’s denial of a motion to dismiss based on...
NC Supreme Court: COVID-19 Emergency Act Does Not Support Immediate Appeal NC Supreme Court: COVID-19 Emergency Act Does Not Support Immediate AppealIn Pittsylvania County School Board v. Hite, 2025 Va. App. LEXIS 607 (Va. Ct. App. Oct. 7, 2025), the Virginia Court of Appeals upheld the Workers’ Compensation Commission’s authority to...
Virginia Court Affirms Retroactive Correction of Mistaken AWW Virginia Court Affirms Retroactive Correction of Mistaken AWWIn a divided decision, the Illinois Third District Appellate Court, affirming summary judgment by a state trial court, held that an employee’s civil action against his employer for injuries sustained...
IL Tort Action Against Employer Following Psychotic Attack by Coworker is Barred IL Tort Action Against Employer Following Psychotic Attack by Coworker is BarredIn Matter of Harmon v. Faxton Sunset St. Luke’s Health Care Ctr. Inc., 2025 N.Y. App. Div. LEXIS 5692 (3d Dept. Oct. 9, 2025), New York’s Appellate Division (Third Department)...
NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove Fraud NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove FraudRecent clinical trials have demonstrated that cannabis-derived medications may be safer and more effective than opioids for treating chronic lower back pain—a finding with significant implications for workers’ compensation systems...
Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation251008 NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case The North Carolina Court of Appeals has rejected an employer’s argument that a nurse’s voluntary participation in pepper-spray...
NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case
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