In an important decision construing the Iowa doctrine that allows gross negligence and fraudulent misrepresentation tort claims against co-employees, the Iowa Supreme Court has revived claims against Tyson Foods executives...
Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson Executives Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson ExecutivesA Horseplay Case That Shaped Utah’s Workers’ Compensation Doctrine In Prows v. Industrial Commission of Utah, 610 P.2d 1362 (Utah 1980), the Supreme Court of Utah was presented with a...
Throwback Thursday: Prows v. Industrial Commission of Utah (1980) Throwback Thursday: Prows v. Industrial Commission of Utah (1980)Exclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsTools, Timing, and Termination In Nails v. Market Tire Co., 29 Md. App. 154, 347 A.2d 564 (Md. Ct. Spec. App. 1975), the Maryland Court of Special Appeals addressed a...
Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975) Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975)In a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...
NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace FatalityWhat happens when a claims adjuster clicks the wrong box in the third-party administrator’s software—and it accidentally binds the employer to a workers’ compensation claim? In City of Philadelphia v....
PA Court Upholds Medical-Only Notice of Compensation Payable Issued by Mistake PA Court Upholds Medical-Only Notice of Compensation Payable Issued by MistakeRethinking the Limits of “Course of Employment” In traditional workers’ compensation doctrine, an injury must not only “arise out of” employment but also occur “in the course of” employment. Courts...
Throwback Thursday: Graybeal v. Board of Supervisors (1975) Throwback Thursday: Graybeal v. Board of Supervisors (1975)In a bizarre case that turned on the precise wording of N.Y. Workers' Comp. Law § 10(1), a state appellate court affirmed a Board decision awarding benefits to a claimant...
Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1) Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)Texas Court Applies Motor Carrier Exception to General Contractor Rule A Texas appellate court has affirmed a trial court’s take-nothing judgment in favor of Texas Mutual Insurance Company, concluding that...
Independent Contractor Peace Officer Not Covered by Workers’ Compensation Independent Contractor Peace Officer Not Covered by Workers’ CompensationBackground The early 20th century saw a seismic shift in how American society approached workplace injuries. Before the widespread adoption of workers' compensation laws, injured workers typically had to sue...
Throwback Thursday: New York Central R. Co. v. White (1917) Throwback Thursday: New York Central R. Co. v. White (1917)In Muse v. Daimler Trucks N. Am., 2025 N.C. App. LEXIS 113 (Mar. 19, 2025), the North Carolina Court of Appeals affirmed the Industrial Commission’s denial of workers’ compensation benefits...
Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp Act Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp ActIn 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 Death
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