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South Carolina’s Mental-Injury Paradox

South Carolina’s Mental-Injury Paradox South Carolina’s Mental-Injury Paradox

Case comment

Jun 5, 2026

Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician

Many 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 Physician

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Jun 2, 2026

Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity

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 Immunity

Issue commentary

Jun 1, 2026

NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions

New 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 Decisions

Case comment

May 27, 2026

Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment

In 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 Treatment

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All Articles

KY High Court Adopts New “Economic Realities” Test for Determining Employee Status

KY High Court Adopts New “Economic Realities” Test for Determining Employee Status KY High Court Adopts New “Economic Realities” Test for Determining Employee Status

Case comment

Mar 9, 2023

Strict Arkansas Statute Does Not Bar Recovery for Nurse’s Slip and Fall During Lunch Break

Strict Arkansas Statute Does Not Bar Recovery for Nurse’s Slip and Fall During Lunch Break Strict Arkansas Statute Does Not Bar Recovery for Nurse’s Slip and Fall During Lunch Break

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Mar 6, 2023

South Dakota Supreme Court Says Failure to Serve Department of Labor with Notice of Appeal is Jurisdictional

South Dakota Supreme Court Says Failure to Serve Department of Labor with Notice of Appeal is Jurisdictional South Dakota Supreme Court Says Failure to Serve Department of Labor with Notice of Appeal is Jurisdictional

Case comment

Mar 1, 2023

NY Claimant’s Verbal Statement to Assistant Manager Was Sufficient Notice to Employer

NY Claimant’s Verbal Statement to Assistant Manager Was Sufficient Notice to Employer NY Claimant’s Verbal Statement to Assistant Manager Was Sufficient Notice to Employer

Case comment

Feb 27, 2023

Texas Employee Recovers in Tort Against Employer Following Parking Lot Fall

Texas Employee Recovers in Tort Against Employer Following Parking Lot Fall Texas Employee Recovers in Tort Against Employer Following Parking Lot Fall

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Feb 21, 2023

Virginia Commission is not Bound by Rules of Pleading or Evidence

Virginia Commission is not Bound by Rules of Pleading or Evidence Virginia Commission is not Bound by Rules of Pleading or Evidence

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Feb 17, 2023

No Mental Injury Recovery When Ohio Corrections Officer was Groped by Inmate

No Mental Injury Recovery When Ohio Corrections Officer was Groped by Inmate No Mental Injury Recovery When Ohio Corrections Officer was Groped by Inmate

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Feb 14, 2023

Employer-Sponsored Travel to U.S. Consulate to Obtain H-26 Visa Does Not Create Employment Relationship

Employer-Sponsored Travel to U.S. Consulate to Obtain H-26 Visa Does Not Create Employment Relationship Employer-Sponsored Travel to U.S. Consulate to Obtain H-26 Visa Does Not Create Employment Relationship

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Feb 10, 2023

Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor

Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor

Case comment

Feb 7, 2023

Maryland’s 5-Year Limiting Period (LE § 9-736) May be Waived by Employer/Carrier

Maryland’s 5-Year Limiting Period (LE § 9-736) May be Waived by Employer/Carrier Maryland’s 5-Year Limiting Period (LE § 9-736) May be Waived by Employer/Carrier

Case comment

Feb 3, 2023

West Virginia Court Agrees Fainting Spell for Waitress was Work-Related

West Virginia’s Supreme Court of Appeals affirmed a decision by the state’s Board of Review that found a waitress had sustained a compensable injury when she became overheated at her...

West Virginia Court Agrees Fainting Spell for Waitress was Work-Related West Virginia Court Agrees Fainting Spell for Waitress was Work-Related

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Feb 2, 2023

UPS Employee May Not Sue KY Retailer for Injuries Sustained at Latter’s Loading Dock

UPS Employee May Not Sue KY Retailer for Injuries Sustained at Latter’s Loading Dock UPS Employee May Not Sue KY Retailer for Injuries Sustained at Latter’s Loading Dock

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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