Idaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockMedical provider networks now dominate the delivery of care in workers’ compensation. In most states, the majority of medical dollars flow through them. Yet for all their ubiquity, clear evidence...
What Do Provider Networks Actually Do? WCRI Offers Some Answers What Do Provider Networks Actually Do? WCRI Offers Some AnswersWrong Legal Test Applied to Traveling Employee Reversing the circuit court and setting aside the Commission’s award of death benefits, the Appellate Court of Illinois, Fifth District, held that the...
Illinois Court Reverses Death Benefits Award Illinois Court Reverses Death Benefits AwardPulmonary Embolism Deemed Sole Cause; Water Aspiration Not a Substantial Factor In a divided, nonprecedential order, the New Hampshire Supreme Court affirmed the denial of death benefits where the Compensation...
NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace Death NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace DeathIn Teed v. Everest Campus East, LLC, 2026 Fla. App. LEXIS 2662 (Fla. 2d DCA Apr. 8, 2026), a Florida appellate court reversed summary judgment for a property manager, holding...
FL: Horizontal Immunity Requires a True Contractor–Subcontractor Relationship FL: Horizontal Immunity Requires a True Contractor–Subcontractor RelationshipIn Harris v. Tri-Tech Laboratories, LLC, 2026-Ohio-1152, 2026 Ohio App. LEXIS 1197 (Ohio Ct. App., 5th Dist. Mar. 31, 2026), the Fifth District affirmed dismissal of an employee’s intentional tort...
Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01 Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01The Supreme Court of Ohio recently held that the Industrial Commission failed to properly apply R.C. 4123.56(F) when it awarded temporary total disability (TTD) compensation to an injured nine-month school...
Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month Employee Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month EmployeeAL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits In Duke v. Walmart, Inc., 2026 Ala. LEXIS 31 (Ala. Mar. 20, 2026), the Supreme Court of Alabama affirmed...
AL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits AL Supreme Court Bars Tort Claim Where Worker Accepted Comp BenefitsCourt Finds Jury Question on Contract Formation In Antonio Munoz Aserradero, LLC v. Thomas, 2026 Tex. App. LEXIS 2261 (Tex. App.—Tyler Mar. 11, 2026), the Court of Appeals of Texas,...
Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” PeriodThe Commonwealth Court of Pennsylvania recently held that Scomed Supply, a retail seller of medical supplies, is not a “health care provider” as defined by Section 109 of the Pennsylvania...
PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s ActState’s Highest Court Reverses Lower Court’s Ruling A sole proprietor need not notify his workers’ compensation insurer within 120 days of injury to preserve a claim under Section 311 of...
PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311 PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311The Statutory Employee Problem in Numerical-Minimum Cases A recent Virginia decision raises a question that courts applying workers’ compensation numerical-minimum statutes have rarely paused to examine: when subcontractor workers are...
Issue Commentary: Counting Heads or Counting Employees? Issue Commentary: Counting Heads or Counting Employees?The Supreme Court of Kentucky has affirmed a finding by the state’s Court of Appeals that summary judgment was improper in a negligence and products-liability action alleging mesothelioma caused by...
Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity
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