Newest Articles

Two Boxes Checked “No”

Two Boxes Checked “No” Two Boxes Checked “No”
Case comment
Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

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 Employee
Case comment
Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

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 Causation
Case comment
Sep 28, 2026

The Heart Has Wiring, Too

FL 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, Too
Case comment
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon 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 New
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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
Case comment
Apr 4, 2024

NY Court Backs Away From Always Requiring Abnormal Stress in COVID-19 Psych Claims

NY Court Backs Away From Always Requiring Abnormal Stress in COVID-19 Psych Claims NY Court Backs Away From Always Requiring Abnormal Stress in COVID-19 Psych Claims
Case comment
Mar 28, 2024

Issue Commentary: Compensability of Injuries Sustained as a Result of Inoculations

Issue Commentary: Compensability of Injuries Sustained as a Result of Inoculations Issue Commentary: Compensability of Injuries Sustained as a Result of Inoculations
Issue commentary

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