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?Recognizing that no matter how competent and reasonable a commission or board’s determination of a claimant’s medical condition and level of disability might be at the time of a hearing,...
Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening StatuteLast Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...
Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the EmploymentIn a split decision, the Arkansas Court of Appeals yesterday affirmed a finding by the state’s Workers’ Compensation Commission that an injured worker failed to rebut the statutory presumption that...
Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana UseA New York appellate court, in Nichols v. Hale Creek ASACTC, 2012 N.Y. App. LEXIS 79 (Jan. 5, 2012) has affirmed an award of workers’ compensation benefits to a superintendent...
New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury” New York Correctional Facility Superintendent’s Achilles Tendon Injury While Coaching Volleyball Team is Compensable In Spite of Statute Limiting Definition of “Injury”A New York decision reported yesterday, Satalino v. Dan’s Supreme Supermarket, 2012 NY Slip Op 86, 2012 N.Y. App. Div. LEXIS 63 (Jan. 5, 2012), illustrates the important distinction between...
New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support Compensability New York Case Illustrates That Correlation Between Years of Heavy Work and Back Problems Is Insufficient to Support CompensabilityA divided Ohio appellate court recently affirmed a trial court’s final judgment that denied a dump truck driver’s claim for post traumatic stress disorder (“PTSD”) in spite of strong medical...
Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical Injuries Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical InjuriesIn a split decision, the Court of Appeals of North Carolina, in Trivette v. Yount, 2011 N.C. App. LEXIS 2598 (Dec. 20, 2011), has affirmed an order of a state...
North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move Forward North Carolina Teacher’s Tort Action Against Principal Who Prankishly Sprayed Her in Face With Fire Extinguisher May Move ForwardA North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had...
North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” RuleThe Court of Appeals of Arkansas has affirmed a determination by the state’s Workers’ Compensation Commission that ruled that a claimant’s attorney must receive one-half the allowed attorney’s fee in...
Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year Period Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year PeriodIndications are that Michigan Governor Rick Snyder will soon sign legislation that makes significant modifications to the state’s workers’ compensation law. H.B. 5002, introduced by state Representative Brad Jacobsen (R-Oxford),...
Michigan Governor Poised to Sign Significant Workers’ Compensation Legislation Michigan Governor Poised to Sign Significant Workers’ Compensation LegislationAs is the case in a majority of states, mental injuries, including major depression caused by work-related stress, may qualify as compensable injuries in New Hampshire [N.H. Rev. Stat. Ann...
New Hampshire: Mental Injury Following Business Failure Is Not Compensable Injury New Hampshire: Mental Injury Following Business Failure Is Not Compensable InjuryIt’s axiomatic that in virtually all workers’ compensation cases it is the fact-finder–the Industrial Commission, Appeals Board, or the hearing officer–who must pass upon the credibility of witnesses; the appellate...
For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use
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