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Three Elements, Not Four

Three Elements, Not Four Three Elements, Not Four
Case comment
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”
Case comment
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
Case comment
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
Case comment
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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Jan 24, 2023

SC Comp Act Prevents Recovery of UM Benefits by Injured Employee Against Co-Employee

SC Comp Act Prevents Recovery of UM Benefits by Injured Employee Against Co-Employee SC Comp Act Prevents Recovery of UM Benefits by Injured Employee Against Co-Employee
Case comment
Jan 23, 2023

Ohio Worker Awarded Permanent Loss of Use Award Despite Not Reaching MMI

Ohio Worker Awarded Permanent Loss of Use Award Despite Not Reaching MMI Ohio Worker Awarded Permanent Loss of Use Award Despite Not Reaching MMI
Case comment
Jan 19, 2023

NY Court: Cancellation of WC Insurance Policy Must be in Strict Compliance with Statute

NY Court: Cancellation of WC Insurance Policy Must be in Strict Compliance with Statute NY Court: Cancellation of WC Insurance Policy Must be in Strict Compliance with Statute
Case comment
Jan 17, 2023

Medical Marijuana Within the Context of Workers’ Compensation Claims

Medical Marijuana Within the Context of Workers’ Compensation Claims Medical Marijuana Within the Context of Workers’ Compensation Claims
Issue commentary
Jan 12, 2023

Commotio Cordis: Is Damar Hamlin’s Injury Compensable?

Commotio Cordis: Is Damar Hamlin’s Injury Compensable? Commotio Cordis: Is Damar Hamlin’s Injury Compensable?
Case comment
Jan 10, 2023

The Top 10 Bizarre Workers’ Comp Cases for 2022

The Top 10 Bizarre Workers’ Comp Cases for 2022 The Top 10 Bizarre Workers’ Comp Cases for 2022
Case comment
Jan 7, 2023

MT Court Takes Common Sense Path in Concurrent Employment Injury Claim

MT Court Takes Common Sense Path in Concurrent Employment Injury Claim MT Court Takes Common Sense Path in Concurrent Employment Injury Claim
Case comment
Dec 31, 2022

NY Claimant Wins COVID-19 Claim Without Aid of Presumption of Compensability

NY Claimant Wins COVID-19 Claim Without Aid of Presumption of Compensability NY Claimant Wins COVID-19 Claim Without Aid of Presumption of Compensability
Case comment
Dec 27, 2022

Kentucky High Court Says Traveling-Employee Doesn’t “Travel” Until She Leaves Her Property

Kentucky High Court Says Traveling-Employee Doesn’t “Travel” Until She Leaves Her Property Kentucky High Court Says Traveling-Employee Doesn’t “Travel” Until She Leaves Her Property
Case comment
Dec 20, 2022

NC Supreme Court: Untimely Death Claim Can Piggy-Back Upon Timely-Filed Injury Claim

NC Supreme Court: Untimely Death Claim Can Piggy-Back Upon Timely-Filed Injury Claim NC Supreme Court: Untimely Death Claim Can Piggy-Back Upon Timely-Filed Injury Claim
Case comment
Nov 30, 2022

New Site is Almost Finished

New Site is Almost Finished New Site is Almost Finished
Oct 27, 2022

Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules

In a split decision, the Supreme Court of Florida reversed a decision by the state’s Second District Court of Appeal and held that where a plaintiff tenders a written offer...

Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules
Case comment

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