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 CausationFL 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, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?ND Supreme Court Holds Judicial Estoppel is No Bar to WSI's Subrogation Interest The Supreme Court of North Dakota has affirmed a subrogation order requiring a workers’ compensation claimant to...
North Dakota Subrogation: Having Cake and Eating it Too North Dakota Subrogation: Having Cake and Eating it TooSupreme Court Holds “Prospective Dependent” Award Forecloses Weekly-Benefit Analysis Under R.C. 4123.59(D) Yesterday, the Supreme Court of Ohio vacated a lower court’s writ of mandamus and held that once the...
Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related Killing Ohio’s Death Benefits Statute Limits Dependent Adult Child to $3,000 After Father’s Work-Related KillingCourt Reverses Where Employer’s Physician List Was Taped Inside a Locked Tool Box Lid The Court of Appeals of Georgia reversed a superior court order affirming denial of a workers’...
GA: “Prominent” Posting of MD List Requires More Than Accessibility GA: “Prominent” Posting of MD List Requires More Than AccessibilityPhysician-Owned Pharmacy Entitled to Reimbursement Despite Self-Referral The Pennsylvania Supreme Court recently reversed the state’s Commonwealth Court and held that the Workers’ Compensation Act's Anti-Referral Provision does not bar payment...
PA Supreme Court Narrows Workers’ Comp Anti-Referral Provision PA Supreme Court Narrows Workers’ Comp Anti-Referral ProvisionExclusivity Is an Affirmative Defense, Not a Jurisdictional Bar In Crook v. Six Flags Over Georgia II, L.P., 2026 Ga. App. LEXIS 302 (June 15, 2026), the plaintiff brought a...
Georgia Appellate Court Reverses Course Georgia Appellate Court Reverses CourseNew York’s Appellate Division, Third Department recently affirmed a Workers’ Compensation Board decision disallowing a correction sergeant’s PTSD claim, holding that the claimant did not qualify for the mental-injury exception...
NY Correction Sergeant Did Not Qualify for New PTSD Exception NY Correction Sergeant Did Not Qualify for New PTSD ExceptionA New York appellate court has held that an insurer that declined to defend its insured based on a workers’ compensation exclusion could not later challenge a multimillion-dollar default judgment...
NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant Risk NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant RiskIn an unpublished decision, the Appellate Court of Illinois, First District, has affirmed a workers’ compensation award based on concurrent employment, holding that a claimant furloughed from her primary job...
IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW Purposes IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW PurposesA South Carolina employee alleged that his manager threatened him, accused him of dishonesty, called the police, suspended him, and ultimately fired him. He then sued his employer for negligent...
South Carolina’s Mental-Injury Paradox South Carolina’s Mental-Injury ParadoxMany disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating PhysicianCourt 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 Decisions
New Comments