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 EmployeeKY 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 CausationFL 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, TooOregon 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 NewIn a case of first impression, the Florida First District Court of Appeal has held that Expert Medical Advisor (EMA) reports and testimony in workers’ compensation proceedings must be admitted...
Florida: EMA Opinions May Not Be Excluded under Daubert Standards Florida: EMA Opinions May Not Be Excluded under Daubert StandardsThe Idaho Supreme Court has ruled that district courts retain subject matter jurisdiction over claims alleging employer “willful or unprovoked physical aggression” under Idaho Code § 72-209(3), even when a...
ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception ClaimsIn Lilly v. Weisinger, 2025 Tex. App. LEXIS 6851 (Aug. 28, 2025), a Texas appellate court held that the exclusive remedy provision of the state’s Workers’ Compensation Act barred a...
Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm InjuryIn Thomas v. International Paper Co., 2025 Miss. App. LEXIS 315 (Aug. 26, 2025), the Mississippi Court of Appeals delivered a straightforward application of the state’s progressive injury doctrine, demonstrating...
MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury Claims MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury ClaimsAn Ohio appellate court has denied additional workers’ compensation benefits for the fatal workplace accident of a city arborist, ruling that construction safety regulations did not apply to tree removal...
Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident Ohio Court Rejects VSSR Claim for Arborist’ Fatal AccidentThe Supreme Judicial Court of Maine has upheld an average weekly wage calculation that produces an annual workers’ compensation award of approximately $60,000 for a truck driver who had earned...
Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual EarningsIn Kimberly-Clark Mill v. Moss, 2025 Pa. Commw. LEXIS 144 (Aug. 12, 2025), the Commonwealth Court of Pennsylvania provided important guidance on workers’ compensation notice requirements within the Keystone State,...
PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect TimingTexas Court Applies New Jurisdictional Framework in Workplace Violence Case In the long-running national debate over whether courts or workers’ compensation agencies should decide coverage disputes, Texas has now drawn...
Issue Commentary: What Forum Decides Exclusivity? Issue Commentary: What Forum Decides Exclusivity?The Washington Court of Appeals has rejected a novel attempt to sidestep co-employee immunity under the state’s Industrial Insurance Act, holding that property ownership alone does not establish the “separate...
Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning SupervisorsIn a decision that demonstrates Louisiana’s more liberal approach to the “substantially certain” exception to workers’ compensation exclusivity, the Louisiana First Circuit Court of Appeal reversed a trial court’s dismissal...
Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury CaseIn Wade v. State, 2025 Tenn. LEXIS 283 (Tenn. Workers’ Comp. Panel July 30, 2025), a Tennessee workers’ compensation appeals panel reversed the Claims Commission’s denial of medical benefits, applying...
Tennessee Court Finds Injuries from Medical Travel Compensable Tennessee Court Finds Injuries from Medical Travel CompensableAn employee’s civil action filed against her employer alleging intentional infliction of emotional distress following a workplace dog bite is barred by the exclusive remedy provision of the Connecticut Workers’...
CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim
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