In 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 BenefitsIn Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy ProvisionRelying upon the “quasi-course of employment” concept set forth in Larson’s Workers’ Compensation Law, § 10.05, a division of the Court of Appeals of Colorado affirmed an order of the...
Colorado Court Says Injuries Sustained En Route to Medical Appointment Not Always Compensable Colorado Court Says Injuries Sustained En Route to Medical Appointment Not Always CompensableStressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held...
Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court Establishing “Personal Comfort” Activity Is Only Half the Battle, says OR CourtIllustrating that it is for the New York Workers’ Compensation Board to weigh the evidence, even when that evidence has been presented to a law judge hearing the case, a...
NY Court Affirms Award for Flight Attendant’s Allergy to Uniforms NY Court Affirms Award for Flight Attendant’s Allergy to UniformsYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableApplying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...
PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort DoctrineIn early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New...
The Case of the Missing Case The Case of the Missing CaseThe Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...
Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not CompensableIn a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a 5-2 decision, held that a civil action for negligence and misrepresentation filed by two private citizens against...
Opinion Mondays: Is California’s “Posse Law” Passe? Opinion Mondays: Is California’s “Posse Law” Passe?A Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...
Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning PowerConstruing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...
NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” RequirementCopyright 2022. Thomas A. Robinson. All rights reserved. This post may not be reproduced, in whole or in part, in any form or format, without the express written consent of...
The Top 10 Bizarre Workers’ Comp Cases for 2021 The Top 10 Bizarre Workers’ Comp Cases for 2021A Florida appellate court has affirmed a decision of a Judge of Compensation Claims (JCC) holding that an injured firefighter was not entitled to reimbursement for additional surgical expenses related...
Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery
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