Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementMight Awards for the Common Cold or Flu be Next? In Foster v. Primecare Med. of W. Va., Inc., 2025 W. Va. LEXIS 187 (W. Va. May 27, 2025), a...
W. Va. Supreme Court Reinstates COVID-19 Award for Nurse W. Va. Supreme Court Reinstates COVID-19 Award for NurseIn a major shift that reopens the door for occupational disease claims, the Washington Supreme Court has overruled its 2014 decision in Walston v. Boeing Co., 181 Wn.2d 391, 334 P.3d 519...
WA Supreme Court Overturns Decade-Old Precedent: Reopens Door for Asbestos Claims WA Supreme Court Overturns Decade-Old Precedent: Reopens Door for Asbestos ClaimsWhen Cancer Meets Causation: Wrestling with Medical Mystery in 1951 In workers’ compensation law, few challenges prove more vexing than establishing causation when the medical community itself admits ignorance about...
Throwback Thursday: Boyd v. Young (1951) Throwback Thursday: Boyd v. Young (1951)In an important decision construing the Iowa doctrine that allows gross negligence and fraudulent misrepresentation tort claims against co-employees, the Iowa Supreme Court has revived claims against Tyson Foods executives...
Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson Executives Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson ExecutivesA Horseplay Case That Shaped Utah’s Workers’ Compensation Doctrine In Prows v. Industrial Commission of Utah, 610 P.2d 1362 (Utah 1980), the Supreme Court of Utah was presented with a...
Throwback Thursday: Prows v. Industrial Commission of Utah (1980) Throwback Thursday: Prows v. Industrial Commission of Utah (1980)Exclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsTools, Timing, and Termination In Nails v. Market Tire Co., 29 Md. App. 154, 347 A.2d 564 (Md. Ct. Spec. App. 1975), the Maryland Court of Special Appeals addressed a...
Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975) Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975)In a fresh decision that further solidifies Kentucky’s robust up-the-ladder immunity doctrine, a federal district court has dismissed a negligence action filed by a food supplier’s delivery driver against a...
Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity Rule Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity RuleIn Ladner v. Hinton Homes LLC, 2025 Miss. App. LEXIS 171 (Miss. Ct. App. May 6, 2025), the Mississippi Court of Appeals affirmed the denial of workers’ compensation benefits to...
MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall Case MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall CaseLent Employees and the Boundary of the Employment Relationship In the long and sometimes tangled history of American workers’ compensation law, few issues generate more uncertainty—and more litigation—than lent employment....
Throwback Thursday: Kowalski v. Shell Oil Co. (Cal. 1979) Throwback Thursday: Kowalski v. Shell Oil Co. (Cal. 1979)In a decision released earlier this week, the Commonwealth Court of Pennsylvania drew a firm jurisdictional line in a billing dispute that grew out of a utilization review determination. In...
Pennsylvania Pharmacy May Not be Joined as Party in Comp Case Pennsylvania Pharmacy May Not be Joined as Party in Comp CaseFavorable Ruling by NY High Court Cannot Support Employer’s Reopening Request In Matter of Coyle v. W & W Steel Erectors LLC, 2025 N.Y. App. Div. LEXIS 2889 (3d Dept....
Final Means Final—Even When the Law Changes Final Means Final—Even When the Law Changes
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