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 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 NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?The Kentucky Supreme Court has held that an employer’s statutory right to recover workers’ compensation benefits from an employee’s third-party settlement takes effect immediately, rejecting an argument that would have...
KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party Settlement KY Supreme Court Clarifies Timing of Employer’s Subrogation Credit After Third-Party SettlementThe First District Court of Appeal has reversed a Judge of Compensation Claims who applied too narrow a standard in denying a claimant reimbursement for the costs of obtaining a...
Florida Court Clarifies Standard for Reimbursing Guardianship Expenses in Comp Claims Florida Court Clarifies Standard for Reimbursing Guardianship Expenses in Comp ClaimsUtah Supreme Court Says a Pleaded Notice Defense Dies if the Employer Never Asks the ALJ to Rule on It The Utah Supreme Court has held that an employer waives...
Waiving a Defense You Never Actually Argued Waiving a Defense You Never Actually ArguedDriscoll 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 SettlementNC Court of Appeals Revives Employer’s Subrogation Claim in $450,000 Third‑Party Case The North Carolina Court of Appeals recently vacated a trial court order that extinguished an employer’s workers’ compensation...
NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” Settlement NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” SettlementEx-Spouse Entitled to Benefits Despite Remarriage and a 35-Year Gap Before Death The Supreme Judicial Court of Maine has held that a claimant’s eligibility for workers’ compensation death benefits turns...
Maine High Court: Dependency for Death Benefits Locks In at Date of Injury Maine High Court: Dependency for Death Benefits Locks In at Date of InjuryFood-Plant Worker’s Bilateral Hand Injuries Qualify Without Proof of a Job Search The Mississippi Court of Appeals affirmed a Workers’ Compensation Commission award of permanent total disability benefits to a...
MS Clarifies Two Paths to the Presumption of Total Occupational Loss MS Clarifies Two Paths to the Presumption of Total Occupational LossA Trial Court Found Permanent Total Disability. The Scheduled Injury Statute Said Otherwise. The Alabama Court of Civil Appeals has affirmed a judgment limiting an injured worker to scheduled-member benefits...
Issue Commentary: Alabama’s Scheduled Injury Ceiling and the Cost of a Conclusive Presumption Issue Commentary: Alabama’s Scheduled Injury Ceiling and the Cost of a Conclusive PresumptionTenth District Distinguishes AutoZone Where Surgery, Not Retirement, Came First The Tenth District Court of Appeals for Franklin County has granted a writ of mandamus ordering the Industrial Commission of...
Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled
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