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SD Supreme Court Weighs Conflicting Medical Evidence

SD Supreme Court Weighs Conflicting Medical Evidence SD Supreme Court Weighs Conflicting Medical Evidence
Case comment
Apr 21, 2025

MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases

In 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 Cases
Case comment
Apr 17, 2025

Throwback Thursday: O’Leary v. Brown-Pacific-Maxon, Inc. (U.S., 1951)

Introduction 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)
Issue commentary
Apr 15, 2025

Arkansas Court Denies Benefits to Good Samaritan Band Director

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 Director
Case comment
Apr 14, 2025

Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack

In 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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Jul 2, 2023

Colorado Physician Gives Claimant Zero Impairment Rating Without In-Person Exam

Colorado Physician Gives Claimant Zero Impairment Rating Without In-Person Exam Colorado Physician Gives Claimant Zero Impairment Rating Without In-Person Exam
Case comment
Jun 30, 2023

Virginia Court Agrees Injury Sustained on FL Vacation Was Compensable Consequence of Original Work-Related Accident

Virginia Court Agrees Injury Sustained on FL Vacation Was Compensable Consequence of Original Work-Related Accident Virginia Court Agrees Injury Sustained on FL Vacation Was Compensable Consequence of Original Work-Related Accident
Case comment
Jun 29, 2023

MS Court Says Injured Employee Must Reimburse Comp Carrier for Cost of Employer Medical Evaluations

MS Court Says Injured Employee Must Reimburse Comp Carrier for Cost of Employer Medical Evaluations MS Court Says Injured Employee Must Reimburse Comp Carrier for Cost of Employer Medical Evaluations
Case comment
Jun 25, 2023

FL Police Officer’s “Being Held” in MD’s Office for Medicine to Take Effect is No Disablement

FL Police Officer’s “Being Held” in MD’s Office for Medicine to Take Effect is No Disablement FL Police Officer’s “Being Held” in MD’s Office for Medicine to Take Effect is No Disablement
Case comment
Jun 21, 2023

CT Worker’s Injuries From Exploding Fireworks Did Not Arise from the Employment

CT Worker’s Injuries From Exploding Fireworks Did Not Arise from the Employment CT Worker’s Injuries From Exploding Fireworks Did Not Arise from the Employment
Case comment
Jun 21, 2023

GA Co-Employee Defendant Enjoys Immunity from Civil Liability Following Parking Lot Accident

GA Co-Employee Defendant Enjoys Immunity from Civil Liability Following Parking Lot Accident GA Co-Employee Defendant Enjoys Immunity from Civil Liability Following Parking Lot Accident
Case comment
Jun 20, 2023

Florida Court Says “Pay and Investigate” Letter Sent 59 Days After Payment of Initial Benefits is Untimely

Florida Court Says “Pay and Investigate” Letter Sent 59 Days After Payment of Initial Benefits is Untimely Florida Court Says “Pay and Investigate” Letter Sent 59 Days After Payment of Initial Benefits is Untimely
Case comment
Jun 20, 2023

Florida Court Construes Two-Year Limitations Period in § 440.19

Florida Court Construes Two-Year Limitations Period in § 440.19 Florida Court Construes Two-Year Limitations Period in § 440.19
Case comment
Jun 19, 2023

IA Supreme Court: Nature of Damages, Not Framing of Tort, Determines Viability of Civil Action Against Employer

IA Supreme Court: Nature of Damages, Not Framing of Tort, Determines Viability of Civil Action Against Employer IA Supreme Court: Nature of Damages, Not Framing of Tort, Determines Viability of Civil Action Against Employer
Case comment
Jun 15, 2023

GA Chief Justice’s COVID-19 Order Gave Claimant 122 Additional Days 

GA Chief Justice’s COVID-19 Order Gave Claimant 122 Additional Days  GA Chief Justice’s COVID-19 Order Gave Claimant 122 Additional Days 
Case comment
Jun 12, 2023

Georgia Employer’s List of Panel MDs Must be “Prominently” Displayed, Not Merely “Accessible”

Georgia Employer’s List of Panel MDs Must be “Prominently” Displayed, Not Merely “Accessible” Georgia Employer’s List of Panel MDs Must be “Prominently” Displayed, Not Merely “Accessible”
Case comment
Jun 7, 2023

NY Therapist’s Mild Heart Attack Following Altercation with Supervisor Was Compensable

NY Therapist’s Mild Heart Attack Following Altercation with Supervisor Was Compensable NY Therapist’s Mild Heart Attack Following Altercation with Supervisor Was Compensable
Case comment

New Comments

  • 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
  • Thomas A. Robinson: Good point, although the interesting thing about the case--at least to me--is that it discusses the important "injury by accident" issue. That issue, present in at least a plurality of state acts, is largely ignored by Commissions, Boards, and Courts these days. Here, also, the case was so fact-specific that even it had been issued as published, it would be factually distinguishable from many othe...