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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
Sep 22, 2026

Whose Work Was Being Done?

Federal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...

Whose Work Was Being Done? Whose Work Was Being Done?

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Feb 17, 2012

Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act

One of the important axioms of workers’ compensation law is that, generally, the employer takes the employee as it finds that employee [see Larson’s Workers’ Compensation Law, § 9.02]. That...

Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act Six-Day Delay in Getting Offshore Worker Medical Treatment For Stroke Supports Aggravation Claim Under Longshore Act
Feb 10, 2012

Worker Claims He Was Fired For Refusing to Wear Safety Program’s “Mark of the Beast”

What’s In a Number? Two years ago, when I got my current cell phone, the cell phone company randomly assigned my new number. I looked at the sticker on the...

Worker Claims He Was Fired For Refusing to Wear Safety Program’s “Mark of the Beast” Worker Claims He Was Fired For Refusing to Wear Safety Program’s “Mark of the Beast”
Feb 10, 2012

Facebook Party Pics Help Defeat Worker’s Claim for Benefits

Until a number of my high school classmates began to plan our 40th reunion gala several years ago, I had successfully avoided Facebook® and the other social media (I’m still...

Facebook Party Pics Help Defeat Worker’s Claim for Benefits Facebook Party Pics Help Defeat Worker’s Claim for Benefits
Feb 4, 2012

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims

In the great majority of jurisdictions, voluntary intoxication that renders an employee incapable of performing his or her work is a departure from the course of employment sufficient to defeat...

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims
Feb 2, 2012

Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease”

An Ohio appellate court recently found that medical evidence presented in a death claim case was too speculative to support the required causal connection between a worker’s fatal heart attack...

Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease” Ohio: Cautious Medical Testimony Dooms Death Benefits Claim Related to “Poster Child for Heart Disease”
Jan 27, 2012

“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law

Virtually every jurisdiction’s comp act has a “by accident” provision of some sort in its definition of compensable injury [for an extended discussion, see Larson’s Workers’ Compensation Law, § 42.01,...

“By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law “By Accident,” the Oft-Ignored Provision in Workers’ Compensation Law
Jan 27, 2012

Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer

A Pennsylvania nurse assistant, who claimed she suffered emotional distress when she was fired for getting pregnant, may not pursue her tort claim against the former employer in federal court,...

Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer Nurse Assistant’s Allegations That She Was Fired For Getting Pregnant Cannot Support Emotional Distress Claim Against Former Employer
Jan 22, 2012

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case

Last Thursday, a New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had determined that a worker’s death was causally related to his employment...

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case
Jan 20, 2012

Virginia Court: Removal of Ankle Prosthesis, Without its Replacement, Does Not Trigger Reopening Statute

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 Statute
Jan 14, 2012

Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment

Last 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 Employment
Jan 12, 2012

Arkansas Court Affirms Denial of Benefits; Explosion Caused By Worker’s Marijuana Use

In 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 Use
Jan 11, 2012

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 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”

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