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 ImmunityNew 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 DecisionsIn 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 TreatmentA 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 StrokeThe Supreme Court of Ohio recently held that the Industrial Commission failed to properly apply R.C. 4123.56(F) when it awarded temporary total disability (TTD) compensation to an injured nine-month school...
Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month Employee Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month EmployeeAL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits In Duke v. Walmart, Inc., 2026 Ala. LEXIS 31 (Ala. Mar. 20, 2026), the Supreme Court of Alabama affirmed...
AL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits AL Supreme Court Bars Tort Claim Where Worker Accepted Comp BenefitsCourt Finds Jury Question on Contract Formation In Antonio Munoz Aserradero, LLC v. Thomas, 2026 Tex. App. LEXIS 2261 (Tex. App.—Tyler Mar. 11, 2026), the Court of Appeals of Texas,...
Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” PeriodThe Commonwealth Court of Pennsylvania recently held that Scomed Supply, a retail seller of medical supplies, is not a “health care provider” as defined by Section 109 of the Pennsylvania...
PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s ActState’s Highest Court Reverses Lower Court’s Ruling A sole proprietor need not notify his workers’ compensation insurer within 120 days of injury to preserve a claim under Section 311 of...
PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311 PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311The Statutory Employee Problem in Numerical-Minimum Cases A recent Virginia decision raises a question that courts applying workers’ compensation numerical-minimum statutes have rarely paused to examine: when subcontractor workers are...
Issue Commentary: Counting Heads or Counting Employees? Issue Commentary: Counting Heads or Counting Employees?The Supreme Court of Kentucky has affirmed a finding by the state’s Court of Appeals that summary judgment was improper in a negligence and products-liability action alleging mesothelioma caused by...
Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity Issue Commentary: Take-Home Asbestos and the Reach of ExclusivityFederal Court in Kentucky Says Common Carrier’s Defense Fails A federal court applying Kentucky workers’ compensation law recently rejected a motor carrier’s claim that it was entitled to up-the-ladder immunity...
Up-the-Ladder Immunity Runs Only One Direction Up-the-Ladder Immunity Runs Only One DirectionIn Spade v. Appalachian Regional Healthcare, Inc., 2026 U.S. Dist. LEXIS 49799 (E.D. Ky. Mar. 11, 2026), the United States District Court for the Eastern District of Kentucky granted summary...
Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic FactsSmall contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...
Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold CaseIn Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits
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