In Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy ProvisionThe Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CarePA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...
Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?The Court of Appeals of Kentucky recently affirmed an award of death benefits to the administratrix of the estate of a deceased convenience store worker (“Pendleton”) who was found after...
Kentucky: Convenience Store Worker’s Access to Premises and Security Codes Provides Causal Link Between His Murder and the Employment Kentucky: Convenience Store Worker’s Access to Premises and Security Codes Provides Causal Link Between His Murder and the EmploymentIn a workers’ compensation immunity case, the Court of Appeal of Florida (Fourth District) yesterday reversed a $2.7 million jury verdict and final judgment in favor of an employee who...
Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain” Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”A Louisiana appellate court recently affirmed the denial of a claim filed by a police sergeant who sustained injuries when he fell in a stairwell at Police Headquarters following a...
Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not CompensableAn Ohio appellate court recently affirmed a trial court’s summary judgment in favor of a medical center clerk who had received an award of workers’ compensation benefits related to physical...
Ohio: Appellate Court Affirms Award for PTSD in Spite of State’s Limiting Definition of “Injury” Ohio: Appellate Court Affirms Award for PTSD in Spite of State’s Limiting Definition of “Injury”On the last day of 2012, and in a split decision, the Supreme Court of Montana reversed a trial court’s summary judgment decision that had earlier determined that the requirement...
Divided Supreme Court of Montana Says Statute Defining Religious Order as Employer (For Workers’ Compensation Purposes) is Not Unconstitutional Divided Supreme Court of Montana Says Statute Defining Religious Order as Employer (For Workers’ Compensation Purposes) is Not UnconstitutionalIn a case with a number of interesting twists, the Court of Appeals for the D.C. Circuit recently affirmed a decision by a U.S. District Court that, in relevant part,...
D.C. Circuit Court: Personal Representative’s Civil Action Against Employer for Negligent Provision of Firearm to Suicide Victim/Employee May Not Proceed D.C. Circuit Court: Personal Representative’s Civil Action Against Employer for Negligent Provision of Firearm to Suicide Victim/Employee May Not ProceedA Missouri appellate court recently affirmed a jury verdict in favor of a former employer on a former employee’s claim of retaliatory discharge and agreed that the former employee was...
Missouri: Retaliatory Discharge Statute Requires Former Employee to Establish that Exercise of Rights Was Exclusive, Not Merely a Contributing, Factor in Firing Missouri: Retaliatory Discharge Statute Requires Former Employee to Establish that Exercise of Rights Was Exclusive, Not Merely a Contributing, Factor in FiringOn December 28, Michigan became the 5th state to pass a social media privacy law. House Bill 5523, entitled the Internet Privacy Protection Act, was signed by Gov. Rick Snyder...
Michigan Becomes 5th State to Pass Social Media Law Affecting Employers’ Right to Private Information Michigan Becomes 5th State to Pass Social Media Law Affecting Employers’ Right to Private InformationThe Supreme Court of Arkansas, construing the state’s restrictive statute regarding the compensability of repetitive motion injuries, recently reversed a decision by the state’s Workers’ Compensation Commission that had denied,...
Arkansas: Diabetic Ulcer Claim Related to Toe Blister From Employee-Supplied Boots Found Compensable Arkansas: Diabetic Ulcer Claim Related to Toe Blister From Employee-Supplied Boots Found CompensableA truck driver, who sustained injuries in an automobile accident as he traveled to lunch on the second day of a two-day orientation program was an employee of the trucking...
Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation Benefits Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation BenefitsThe Court of Appeals of Kentucky recently affirmed a state trial court’s summary judgment in favor of a high school assistant principal and a county board of education in a...
Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by Exclusivity Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by ExclusivityIn Painter v. Atwood, 2012 U.S. Dist. LEXIS 176655 (D. Nev., Dec. 12, 2012), a federal district court from Nevada recently held, in relevant part, that a civil action filed...
US: Office Worker’s Tort Action Against Dentist Employer Alleging Sexual Assault Not Barred by Exclusivity US: Office Worker’s Tort Action Against Dentist Employer Alleging Sexual Assault Not Barred by Exclusivity
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