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Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

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 Employee
Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

KY 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 Causation
Sep 28, 2026

The Heart Has Wiring, Too

FL 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, Too
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon 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 New

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Oct 7, 2025

MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee”

The 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”
Oct 3, 2025

IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock Case

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 Case
Sep 30, 2025

OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial

In 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 Denial
Sep 29, 2025

First Circuit Reverses Summary Judgment in Puerto Rico Retaliation Case

In 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
Sep 26, 2025

NY Court Reverses Employment Classification Decision in Construction Injury Case

A 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 Case
Sep 25, 2025

Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through Skylight

The 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 Skylight
Sep 23, 2025

Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid Coverage

The 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 Coverage
Sep 19, 2025

GA Court Preserves Tort Rights Despite Workers’ Comp Settlement

The 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 Settlement
Sep 17, 2025

The Derivative Nature of Wrongful Death Claims Proves Decisive

The 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 Decisive
Sep 16, 2025

PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation Claims

The 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 Claims
Sep 15, 2025

Oklahoma Supreme Court Clarifies “Active Pursuit” Requirement for Workers’ Compensation Claims

The 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 Claims
Sep 10, 2025

Virginia Court Rejects Extended Premises Claim for Crosswalk Injury

The 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 Injury

New Comments

  • ramivou: They hid behind a flawed "reading" of this statute for a decade. I am glad the SC finally put an end to the misconception that it was a "first six months only" filing requirement, rather than an ongoing responsibility.
  • trob: Thanks for the query. New York's going and coming doctrine is similar to that in place in the majority of jurisdictions. That is to say that for employees with a fixed place of work and who are on a relatively consistent work schedule, the commute to and from the residence is outside the course and scope of the employment. Often overlooked is the fact that the employee must generally have a fixed ...
  • ramivou: Is coming and going covered in NY?
  • trob: Excellent question. My thought is that the employer was following what it assumed was the typical practice of seeking to protect its "subrogation" interest in state court; in virtually all jurisdictions, the state trial courts are where subrogation issues are litigated. What differed here, of course, was that it wasn't a standard subrogation case, i.e., the employee's work-related injury wasn't ca...
  • ramivou: Why didn't they file it with the state Commission instead?
  • Thomas A. Robinson: I suspect that ACME could seek contractual indemnity, as you note, either from the staffing agency or its carrier. The goal of the Board or agency generally is to see to the proper award of benefits for compensable injuries. Allowing the "aggrieved" parties to sort it out later is completely consistent with the overall theory of workers' compensation. Many thanks for the comment. Best wishes.
  • Barry Stinson: I wonder if Acme's insurer could seek contractural indemnity from Variety's insurer outside of the WC system.
  • Michael C. Duff: The conceptual distinction is between joint causation and presumptive single causation.
  • Thomas A. Robinson: Sorry, I don't/can't provide legal advice. Best wishes, however.
  • Ken Smith: What can I do when my attorney blows my case with an incomplete RB89