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 ViolationA 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 CaseThe 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 SkylightThe 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 CoverageThe 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 SettlementThe 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 DecisiveThe 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 ClaimsThe 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 ClaimsThe 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 InjuryIn 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 Claims
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