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 what I think is an unprecedented decision, the Connecticut Supreme Court has held that a workers’ compensation commissioner may award ongoing temporary partial incapacity benefits even after a claimant...
CT Supreme Court: Temporary Partial Benefits May Continue After MMI CT Supreme Court: Temporary Partial Benefits May Continue After MMIIn a closely watched decision, the Supreme Court of Pennsylvania affirmed the Commonwealth Court’s ruling that a workers’ compensation claimant may be reimbursed for the cost of physician-prescribed cannabidiol (CBD)...
PA Supreme Court Affirms Cannabidiol Reimbursement for Injured Attorney PA Supreme Court Affirms Cannabidiol Reimbursement for Injured AttorneyBackground In 2000, Fernando Correa, an undocumented worker employed at Waymouth Farms, Inc., suffered a back injury while lifting a box in the company’s warehouse. His employer initially accepted the...
Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003) Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003)In Matter of Hanson v. General Electric Co., 2025 N.Y. App. Div. LEXIS 1397 (3d Dept. Mar. 13, 2025), a New York appellate court reversed the Workers’ Compensation Board’s decision...
NY Appellate Court Reverses Board’s Decision in Death Benefits Case NY Appellate Court Reverses Board’s Decision in Death Benefits CaseIn Kuo v. Dublin Unified School District, 2025 Cal. App. LEXIS 147 (Mar. 12, 2025), the First Appellate District (Division Four) of the California Court of Appeal held that because...
California Court Bars Lawsuit Over Volunteer’s Death California Court Bars Lawsuit Over Volunteer’s DeathExclusive Remedy and the Independent Injury Exception A cornerstone of workers’ compensation law is the exclusive remedy rule, which generally bars employees and their families from suing an employer in...
Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997) Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997)250312 Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Industrial Commission Ordered to Reevaluate Denied PTD Claim Ohio’s Tenth District Court of Appeals recently ruled that the...
Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability CaseIn a decision that reinforces Virginia’s approach to compensability under the state’s Workers’ Compensation Act (“the Act”), the Virginia Court of Appeals has affirmed an award of benefits to a...
VA Truck Driver’s Assault Following Road Rage Incident Found Compensable VA Truck Driver’s Assault Following Road Rage Incident Found CompensableBackground On December 28, 1979, Alcide Guidry, a 53-year-old industrial painter, arrived at work as usual at 7:30 a.m. for Sline Industrial Painters. Assigned with a colleague to paint large...
Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982) Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982)In an important decision for maritime law and workers’ rights, the California Supreme Court has ruled that workers excluded from the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) may...
California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCA California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCAIn a recent Pennsylvania workers’ compensation case, the state’s Commonwealth Court ruled that pandemic-related “excused time” payments, such as Philadelphia’s “E-Time” program, do not constitute “payments in lieu of compensation”...
PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp Case PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp CaseBackground In 1916, the New York Court of Appeals issued a groundbreaking decision that would fundamentally shape how workers’ compensation law treats rescue attempts. The case, Waters v. William J....
Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine
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