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Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

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 Employee
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

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May 15, 2025

Throwback Thursday: Kowalski v. Shell Oil Co. (Cal. 1979)

Lent 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)
May 13, 2025

Pennsylvania Pharmacy May Not be Joined as Party in Comp Case

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 Case
May 12, 2025

Final Means Final—Even When the Law Changes

Favorable 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
May 8, 2025

Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948)

Imported Quarrels and the Boundaries of Employment Risk In Bridges v. Elite, Inc., 212 S.C. 514, 48 S.E.2d 497 (S.C. 1948), the Supreme Court of South Carolina reversed a decision...

Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948) Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948)
May 7, 2025

NY Court Clarifies When Financial Hardship Justifies Total Disability

Construing an exception to New York’s cap on permanent partial disability (PPD) benefits [see N.Y. Workers’ Comp. Law, § 35(3)], which allows—in certain situations—reclassification of the claimant’s disability to permanent...

NY Court Clarifies When Financial Hardship Justifies Total Disability NY Court Clarifies When Financial Hardship Justifies Total Disability
May 6, 2025

California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute

In a decision reemphasizing the boundaries of compensability for commuting injuries, the California Court of Appeal (Third Appellate District) has annulled a WCAB award awarding workers’ compensation benefits to a...

California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute
May 1, 2025

Throwback Thursday: Martin v. Industrial Accident Commission (1956)

Refusal of Life-Saving Treatment Within Workers’ Compensation Context In Martin v. Industrial Accident Commission, 147 Cal. App. 2d 137, 304 P.2d 828 (Cal. Ct. App. 1956), the California Court of...

Throwback Thursday: Martin v. Industrial Accident Commission (1956) Throwback Thursday: Martin v. Industrial Accident Commission (1956)
Apr 30, 2025

Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement

In a decision underscoring the rigid statutory structure governing death benefits in workers’ compensation law, the Arkansas Court of Appeals recently affirmed the denial of benefits to the parents of...

Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement
Apr 29, 2025

Georgia Court Blocks Assigned Negligence Claim Over Lapsed Workers’ Compensation Coverage

In Diaz Arriola v. Coleman, 2025 Ga. App. LEXIS 161 (Apr. 24, 2025), the Georgia Court of Appeals affirmed the dismissal of an injured employee’s assigned negligence and breach of...

Georgia Court Blocks Assigned Negligence Claim Over Lapsed Workers’ Compensation Coverage Georgia Court Blocks Assigned Negligence Claim Over Lapsed Workers’ Compensation Coverage
Apr 28, 2025

Hawaii Supreme Court Clarifies Employee Status in Workers’ Compensation Context

The Hawai’i Supreme Court recently held that a tenant who performed maintenance work on rental property, in exchange for reduced rent and occasional payment, was an employee—not a volunteer—and accordingly...

Hawaii Supreme Court Clarifies Employee Status in Workers’ Compensation Context Hawaii Supreme Court Clarifies Employee Status in Workers’ Compensation Context
Apr 24, 2025

Throwback Thursday: Lee v. Minneapolis Street Railway Co. (1950)

The Rise of the Odd-Lot Doctrine In the world of workers’ compensation, some of the most influential doctrines arise not from statutory overhaul or regulatory edict, but from judicial insight...

Throwback Thursday: Lee v. Minneapolis Street Railway Co. (1950) Throwback Thursday: Lee v. Minneapolis Street Railway Co. (1950)
Apr 22, 2025

SD Supreme Court Weighs Conflicting Medical Evidence

Reverses Factual Findings Where Evidence Was in Deposition Form In a split decision, the South Dakota Supreme Court reversed—in relevant part—a Department of Labor determination that had ruled a claimant’s...

SD Supreme Court Weighs Conflicting Medical Evidence SD Supreme Court Weighs Conflicting Medical Evidence

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