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Three Elements, Not Four

Three Elements, Not Four Three Elements, Not Four
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Oct 7, 2026

Two Boxes Checked “No”

LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...

Two Boxes Checked “No” Two Boxes Checked “No”
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Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...

Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an Employee
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Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

KY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...

Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of Causation
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Sep 28, 2026

The Heart Has Wiring, Too

FL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...

The Heart Has Wiring, Too The Heart Has Wiring, Too
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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
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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
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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
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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
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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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Jan 30, 2023

In Change of Condition Proceeding, Board May Not Re-Litigate Medical Causation Issue

In Change of Condition Proceeding, Board May Not Re-Litigate Medical Causation Issue In Change of Condition Proceeding, Board May Not Re-Litigate Medical Causation Issue
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Jan 26, 2023

SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion

SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion SC High Court Stresses that with Discretionary Issues Commission Must Actually Use Discretion
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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