Newest Articles

Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician

Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician
Case comment
Jun 2, 2026

Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity

Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...

Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity
Issue commentary
Jun 1, 2026

NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions

New York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...

NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions
Case comment
May 27, 2026

Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment

In a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...

Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment
Case comment
May 26, 2026

NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke

A North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...

NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke
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May 14, 2024

Iowa High Court Clarifies Second Injury Fund Liability

Iowa High Court Clarifies Second Injury Fund Liability Iowa High Court Clarifies Second Injury Fund Liability
Case comment
May 9, 2024

Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim

Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim
Case comment
May 9, 2024

Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband

Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband
Case comment
May 7, 2024

Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease

Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease
Case comment
May 3, 2024

TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co.

TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co. TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co.
Case comment
Apr 30, 2024

Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold

Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold
Issue commentary
Apr 24, 2024

Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease

Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease
Case comment
Apr 22, 2024

NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer

NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer
Case comment
Apr 16, 2024

PA Commonwealth Court Reverses WCJ and Board in Post-Lorino Decision

PA Commonwealth Court Reverses WCJ and Board in Post-Lorino Decision PA Commonwealth Court Reverses WCJ and Board in Post-Lorino Decision
Case comment
Apr 15, 2024

Louisiana Court Says COVID-19 Was Not an Occupational Disease

Louisiana Court Says COVID-19 Was Not an Occupational Disease Louisiana Court Says COVID-19 Was Not an Occupational Disease
Case comment
Apr 10, 2024

NM Statute Limiting Secondary Mental Impairments to Maximum Allowable Duration of Benefits for Original Physical Impairment Violates Equal Protection

NM Statute Limiting Secondary Mental Impairments to Maximum Allowable Duration of Benefits for Original Physical Impairment Violates Equal Protection NM Statute Limiting Secondary Mental Impairments to Maximum Allowable Duration of Benefits for Original Physical Impairment Violates Equal Protection
Case comment
Apr 8, 2024

Illinois Court Affirms Award of Benefits to Traveling Employee Injured in Fall Down Employer’s Unobstructed Stairs

Illinois Court Affirms Award of Benefits to Traveling Employee Injured in Fall Down Employer’s Unobstructed Stairs Illinois Court Affirms Award of Benefits to Traveling Employee Injured in Fall Down Employer’s Unobstructed Stairs
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New Comments

  • ramivou: They hid behind a flawed "reading" of this statute for a decade. I am glad the SC finally put an end to the misconception that it was a "first six months only" filing requirement, rather than an ongoing responsibility.
  • 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