Subway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimIL Applies Saunders Acquiescence Exception to Footwear Rule An Illinois appellate court, in a decision not designated for full publication, has affirmed an award of benefits to an ice cream...
Safety Rule Defense Fails Where Employer Tolerated Violation Safety Rule Defense Fails Where Employer Tolerated ViolationThe 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 CaseThe Mississippi Court of Appeals recently affirmed summary judgment favoring a school district, holding that a cafeteria worker placed at an elementary school by a staffing agency was the district’s...
MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee” MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee”An Illinois appellate court has affirmed a nearly $5.8 million judgment in a negligence action filed by the widow of a restaurant employee who died from anaphylactic shock after eating...
IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock Case IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock CaseIn Teitelman v. SAIF Corp. (In re Compensation of Cardoza), 2025 Ore. LEXIS 626 (Sept. 25, 2025), the Oregon Supreme Court held that injured workers are entitled to request their...
OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend DenialIn 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 Case
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