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 ViolationConstruing 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 DisabilityIn 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 CommuteRefusal 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)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 EstrangementIn 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 CoverageThe 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 ContextThe 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)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 EvidenceIn a thoughtful and clarifying opinion, the Minnesota Supreme Court has reaffirmed the case-specific nature of the statutory retirement presumption applicable to permanent total disability (PTD) claims under Minn. Stat....
MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption CasesIntroduction In 1951, the U.S. Supreme Court handed down its decision in O’Leary v. Brown-Pacific-Maxon, Inc., 340 U.S. 504, 71 S.Ct. 470, 95 L.Ed.483 (1951). The case involved a claim...
Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951) Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)In a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack
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