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 tragic case involving a fatal explosion at a metal processing plant, the North Carolina Court of Appeals reversed a trial court’s refusal to grant summary judgment to the...
NC Court Rejects “Woodson” Claim After Zirconium Explosion Death NC Court Rejects “Woodson” Claim After Zirconium Explosion DeathPre-Existing Conditions, Aggravation, and the Enduring Reach of Larson’s Rule In the evolving history of American workers’ compensation, few doctrines have proven more enduring—or more contentious—than the rule that employers...
Throwback Thursday: Cowart v. Pearl River Tung Co. (Miss. 1953) Throwback Thursday: Cowart v. Pearl River Tung Co. (Miss. 1953)In a case of apparent first impression, the Florida Fifth District Court of Appeal has held that employees may not unilaterally declare workplace injuries non-compensable under workers’ compensation law and...
Florida Court Reinforces Exclusivity Doctrine and Procedural Requirements Florida Court Reinforces Exclusivity Doctrine and Procedural RequirementsMight 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 Case
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