In Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering BenefitsIn 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 ProvisionLaunch the balloons! Break out the kazoos! Almost exactly ten years ago—on December 14, 2011—I posted my first offering on this website (to see it, click here). It discussed a...
Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 Posts Slowly Plods the Tortoise: Workcompwriter Celebrates 1,000 PostsWhere a Missouri employee was able to work on a full-time, seasonable basis following a second work-related injury, the Missouri Commission did not err in finding that the employee had...
Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund Claim Full-Time, Seasonal Work Sinks Missouri Worker’s Second Injury Fund ClaimConstruing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...
Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming RuleA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that denied benefits to a claims examiner who alleged that she had sustained injuries to her...
Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s Case Waiting 19 Months to Seek Medical Treatment Proves Fatal to NY Claims Examiner’s CaseFollowing Tampa Electric Company's motion for rehearing regarding its October 20, 2020 decision, in which Florida’s Second District Court of Appeal had held that the public utility company’s obligation to...
Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance EffortsAddressing a difficult factual pattern for the second time, the Supreme Court of Alaska affirmed a trial court’s decision that had granted summary judgment in favor of a general contractor...
Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial ExpensesWhere there was a clear discrepancy between the schedule loss of use (SLU) percentage indicated on the face of a surgeon’s C-4.3 form (Doctor’s Report of Maximum Medical Improvement/Permanent Impairment)...
Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen Claim Battle of the Forms: NY Board Abuses Discretion in Failing to Reopen ClaimObserving that Utah has recognized the intentional tort exception to exclusivity in cases falling under the state’s Workers’ Compensation Act (WCA), but had not (yet) extended the exception to cases...
Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease Claims Utah High Court Hints that Intentional Tort Exception to Exclusivity Might Not Apply to Occupational Disease ClaimsAcknowledging that pursuant to KRS 342.0011(1), Kentucky does not allow recovery for work-related psychological injuries unless they are the “direct result” of a physical injury [emphasis added], the Supreme Court...
Kentucky High Court Construes Mental Injury Statute and Affirms Award Kentucky High Court Construes Mental Injury Statute and Affirms AwardAddressing an important issue within the modern workplace—whether in a joint employment context, staffing agencies may be liable employers for safety violations under the Washington Industrial Safety and Health Act...
Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety Violations Washington Supreme Court Says Staffing Agencies May Sometimes Be Liable for Safety ViolationsCiting precedent from the Supreme Court of Texas, a lower appellate court held that the going and coming rule—a creature of the workers’ compensation setting—could be applied in plaintiff’s vicarious-liability...
Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability Action Going and Coming Rule Bars Recovery in Texas Plaintiff’s Vicarious Liability ActionIn a decision not designated for publication, an Illinois appellate court held that a trial court did not err in granting judgment on the pleadings favoring an auto insurance company...
UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy Obligation UIM Insurer May Offset IL Employee’s Comp Benefits Against Policy Obligation
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