Subway Cleaner Who Witnessed a Platform Injury A New York appellate court recently affirmed a Workers’ Compensation Board decision disallowing a subway-station cleaner’s PTSD claim after he witnessed a woman’s...
NY PTSD Claim Fails Under Pre-Amendment Stress Standard NY PTSD Claim Fails Under Pre-Amendment Stress StandardAL Supreme Court: HR’s Role Was a Jury Question The Alabama Supreme Court, by a 5–4 vote, affirmed liability for retaliatory discharge where the evidence permitted a jury to find...
Who Made the Firing Decision? Alabama Court Upholds Retaliation Finding Who Made the Firing Decision? Alabama Court Upholds Retaliation FindingNY Bus Driver’s Crash and Arrhythmia A New York appellate court has affirmed a Workers’ Compensation Board finding that a school bus driver’s injuries and death arose out of his...
Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s Claim Uncertain Cardiac Sequence Does Not Defeat NY Bus Driver’s ClaimIL Applies Saunders Acquiescence Exception to Footwear Rule An Illinois appellate court, in a decision not designated for full publication, has affirmed an award of benefits to an ice cream...
Safety Rule Defense Fails Where Employer Tolerated Violation Safety Rule Defense Fails Where Employer Tolerated ViolationDriscoll 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 DisabledAppeals Court Affirms $12,000 Penalty for Licensing Lapse The Texas Court of Appeals for the Fifteenth District affirmed a $12,000 administrative penalty against a chiropractor who continued treating and billing...
Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the LicenseMN Supreme Court Reverses WCCA and Remands Unresolved Issues The Minnesota Supreme Court has held that an employer may rebut the statutory presumption for work-related PTSD through evidence other than...
Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD PresumptionSupervisor’s Authority Over PPE Didn't Make Him a “Vice Principal” The Court of Appeals of Texas, Fourteenth District, affirmed summary judgment for an employer on all of an injured worker’s...
TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged Assault TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged Assault
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