In an important decision construing the Iowa doctrine that allows gross negligence and fraudulent misrepresentation tort claims against co-employees, the Iowa Supreme Court has revived claims against Tyson Foods executives...
Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson Executives Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson ExecutivesA Horseplay Case That Shaped Utah’s Workers’ Compensation Doctrine In Prows v. Industrial Commission of Utah, 610 P.2d 1362 (Utah 1980), the Supreme Court of Utah was presented with a...
Throwback Thursday: Prows v. Industrial Commission of Utah (1980) Throwback Thursday: Prows v. Industrial Commission of Utah (1980)Exclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsTools, Timing, and Termination In Nails v. Market Tire Co., 29 Md. App. 154, 347 A.2d 564 (Md. Ct. Spec. App. 1975), the Maryland Court of Special Appeals addressed a...
Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975) Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975)Exclusive Remedy and the Independent Injury Exception A cornerstone of workers’ compensation law is the exclusive remedy rule, which generally bars employees and their families from suing an employer in...
Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997) Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997)250312 Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Industrial Commission Ordered to Reevaluate Denied PTD Claim Ohio’s Tenth District Court of Appeals recently ruled that the...
Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability CaseIn a decision that reinforces Virginia’s approach to compensability under the state’s Workers’ Compensation Act (“the Act”), the Virginia Court of Appeals has affirmed an award of benefits to a...
VA Truck Driver’s Assault Following Road Rage Incident Found Compensable VA Truck Driver’s Assault Following Road Rage Incident Found CompensableBackground On December 28, 1979, Alcide Guidry, a 53-year-old industrial painter, arrived at work as usual at 7:30 a.m. for Sline Industrial Painters. Assigned with a colleague to paint large...
Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982) Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982)In an important decision for maritime law and workers’ rights, the California Supreme Court has ruled that workers excluded from the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) may...
California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCA California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCAIn a recent Pennsylvania workers’ compensation case, the state’s Commonwealth Court ruled that pandemic-related “excused time” payments, such as Philadelphia’s “E-Time” program, do not constitute “payments in lieu of compensation”...
PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp Case PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp CaseBackground In 1916, the New York Court of Appeals issued a groundbreaking decision that would fundamentally shape how workers’ compensation law treats rescue attempts. The case, Waters v. William J....
Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue DoctrineYesterday, in Girardin v. An Fort Myers Imps., LLC (2025 Fla. App. LEXIS 1292, Feb. 19, 2025), Florida’s First District Court of Appeal struck down an award for attendant care...
Florida Court Nixes Worker’s Comp Award for Spouse’s Household Chores Florida Court Nixes Worker’s Comp Award for Spouse’s Household ChoresBackground In 1928, the Minnesota Supreme Court issued a decision that would help establish important principles about when off-premises lunch injuries fall within the scope of workers’ compensation coverage. The...
Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the Job Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the JobIn a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...
NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance EvidenceIn an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...
Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny BenefitsIn Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...
Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim
New Comments