Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementSupervisor’s Authority Over PPE Didn't Make Him a “Vice Principal” The Court of Appeals of Texas, Fourteenth District, affirmed summary judgment for an employer on all of an injured worker’s...
TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged Assault TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged AssaultStatute’s Specific Remedy Overrides Rule 37 Discovery Sanctions, Even After Three Failed Medical Exams The Supreme Court of Utah has held that dismissal is not an available sanction for a...
Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IME Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IMEPA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid BreakIdaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockTexas Court Finds Repeated Warnings About Vehicle Problems Insufficient to Avoid Exclusive Remedy Bar A Texas appellate court recently affirmed summary judgment for an employer on an intentional-tort claim, holding...
The “Substantially Certain” Standard Survives Another Truck Wreck The “Substantially Certain” Standard Survives Another Truck WreckHigh Court Overrules Fifth Circuit, Rejects Retroactive Application of Section 1208 On Monday, the Louisiana Supreme Court held that an employee who commits fraud under La. R.S. 23:1208 forfeits workers’...
LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the Accident LA Supreme Court: Fraud Forfeiture Runs Forward From Misrepresentation, Not Back to the AccidentCompany Vehicle and Overtime Work Insufficient to Establish Course and Scope The Court of Appeals of Texas, Eleventh District, affirmed summary judgment against a deceased employee’s beneficiaries, holding that an...
TX Court Rejects Death Benefits Claim Under “Coming and Going” Analysis TX Court Rejects Death Benefits Claim Under “Coming and Going” AnalysisND Supreme Court Holds Judicial Estoppel is No Bar to WSI's Subrogation Interest The Supreme Court of North Dakota has affirmed a subrogation order requiring a workers’ compensation claimant to...
North Dakota Subrogation: Having Cake and Eating it Too North Dakota Subrogation: Having Cake and Eating it TooSupreme Court Holds “Prospective Dependent” Award Forecloses Weekly-Benefit Analysis Under R.C. 4123.59(D) Yesterday, the Supreme Court of Ohio vacated a lower court’s writ of mandamus and held that once the...
Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related Killing Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related Killing
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