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 ImmunityNew 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 DecisionsIn 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 TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeIn 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 ProvisionThe Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CarePA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...
Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?Arkansas Court Reverses Commission and Applies Increased-Risk Analysis A ranch hand who developed alpha-gal syndrome (AGS), a tick-borne allergy, after years of outdoor work in tick-infested conditions has had his...
Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim ReinstatedCan a nurse practitioner’s opinion constitute the “competent medical evidence” required under New York law to establish causal relationship in a workers’ compensation case? The answer is “Yes,”at least according...
A NY Nurse Practitioner’s Opinion Carries the Day—But Should It? A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?In January 2026, the Workers Compensation Research Institute (WCRI) released a comprehensive study tracking joint replacement surgeries across 32 states over seven years, and the findings reveal both concerning trends...
WCRI’s New Data on Joint Replacement: A Shifting Landscape WCRI’s New Data on Joint Replacement: A Shifting LandscapeYesterday, the Appellate Division, Third Department affirmed a Workers’ Compensation Board decision establishing a claim for workers’ compensation death benefits, finding that a truck driver’s death from COVID-19 was causally...
NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence NY Court Affirms COVID-19 Death Benefits Award Based on Workplace PrevalenceIn a 6–2 decision, the Oklahoma Supreme Court held that the state’s Administrative Workers’ Compensation Act does not limit a claimant to a single change of treating physician per claim—even...
Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling Oklahoma High Court: “One Physician Change” is a Floor, Not a CeilingEmployee Tests at 48 Times the Statutory Limit In Del. Rosario v. Fresh Mark Inc., 2026-Ohio-274, 2026 Ohio App. LEXIS 282 (Ct. App. 5th Dist. Jan. 29, 2026), an Ohio...
Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment Ohio Court Affirms Denial of Benefits Based on Marijuana ImpairmentOregon Holds Immunity for State Employees Violates Constitution When Applied to Workers’ Compensation Recipients In a 5-2 decision, the Oregon Supreme Court has handed down a significant opinion addressing the...
Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy ClauseYesterday, in Goins v. Industrial Commission of Arizona, 2026 Ariz. App. LEXIS 16 (Div. 1, Jan. 21, 2026), an Arizona appellate court affirmed denial of workers' compensation benefits to an...
AZ Court: Personal Firearm Injury Did Not Arise Out of Employment AZ Court: Personal Firearm Injury Did Not Arise Out of Employment
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