Driscoll 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 SettlementCourt Reverses Where Employer’s Physician List Was Taped Inside a Locked Tool Box Lid The Court of Appeals of Georgia reversed a superior court order affirming denial of a workers’...
GA: “Prominent” Posting of MD List Requires More Than Accessibility GA: “Prominent” Posting of MD List Requires More Than AccessibilityPhysician-Owned Pharmacy Entitled to Reimbursement Despite Self-Referral The Pennsylvania Supreme Court recently reversed the state’s Commonwealth Court and held that the Workers’ Compensation Act's Anti-Referral Provision does not bar payment...
PA Supreme Court Narrows Workers’ Comp Anti-Referral Provision PA Supreme Court Narrows Workers’ Comp Anti-Referral ProvisionExclusivity Is an Affirmative Defense, Not a Jurisdictional Bar In Crook v. Six Flags Over Georgia II, L.P., 2026 Ga. App. LEXIS 302 (June 15, 2026), the plaintiff brought a...
Georgia Appellate Court Reverses Course Georgia Appellate Court Reverses CourseNew York’s Appellate Division, Third Department recently affirmed a Workers’ Compensation Board decision disallowing a correction sergeant’s PTSD claim, holding that the claimant did not qualify for the mental-injury exception...
NY Correction Sergeant Did Not Qualify for New PTSD Exception NY Correction Sergeant Did Not Qualify for New PTSD ExceptionA New York appellate court has held that an insurer that declined to defend its insured based on a workers’ compensation exclusion could not later challenge a multimillion-dollar default judgment...
NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant Risk NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant RiskIn an unpublished decision, the Appellate Court of Illinois, First District, has affirmed a workers’ compensation award based on concurrent employment, holding that a claimant furloughed from her primary job...
IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW Purposes IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW PurposesA South Carolina employee alleged that his manager threatened him, accused him of dishonesty, called the police, suspended him, and ultimately fired him. He then sued his employer for negligent...
South Carolina’s Mental-Injury Paradox South Carolina’s Mental-Injury ParadoxMany disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
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 PhysicianCourt 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 Stroke
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