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Oct 7, 2026

Two Boxes Checked “No”

LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...

Two Boxes Checked “No” Two Boxes Checked “No”
Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...

Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an Employee
Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

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 Causation
Sep 28, 2026

The Heart Has Wiring, Too

FL 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, Too

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Jun 28, 2022

Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident

The Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for...

Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident Delaware Employer Need Not Pay for Claimant’s Opioids More than 9 Years After Accident
Jun 27, 2022

NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that had rescinded that part of a WCLJ’s decision finding that the claimant violated N.Y. Workers’...

NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a NY Court: Not Every Omission of Prior Injury Constitutes Misrepresentation under § 114-a
Jun 21, 2022

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable

Finding that a furnace worker had failed to establish the necessary third prong in the definition of occupational diseases—that his employment created a risk of contracting the disease (here, COVID-19)...

Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable Ohio Court Affirms Finding that Furnace Worker’s COVID-19 Was Not Compensable
Jun 20, 2022

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible

In a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...

KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible
Jun 3, 2022

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW

Quoting Larson’s Workers’ Compensation Law, an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health...

Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW Ohio Court Says Healthcare Benefits and Pension Contributions Not to be Used in Computing AWW
Jun 2, 2022

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim

A New York appellate court held that where a physician testified that a claimant developed neck and shoulder pain “due to repetitive stress and forceful use of the upper extremities...

Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim Indefinite Medical Testimony Sinks NY Claimant’s Occupational Disease Claim
May 31, 2022

Injured NY Freelance Technician Loses in Bid to Show Termination of Employment was Retaliatory

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that a freelance per diem technician was not fired in retaliation for his filing of a...

Injured NY Freelance Technician Loses in Bid to Show Termination of Employment was Retaliatory Injured NY Freelance Technician Loses in Bid to Show Termination of Employment was Retaliatory
May 24, 2022

Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002,...

Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits
May 23, 2022

120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim

In a meticulous and well-reasoned opinion weighing and discussing multiple issues, the Supreme Court of Idaho held that the state’s Industrial Commission committed error when it ruled that the claimant’s...

120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim 120-Pound Weight Gain Might (or Might Not) Sink Idaho Worker’s Aggravation Claim
May 17, 2022

Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement

Reiterating that aTexas workers’ compensation carrier is entitled to the “first money” an injured worker recovered in a third-party tort action—here, settlement of a medical malpractice claim—and stressing further that...

Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement Texas Court Stresses Comp Carrier is Entitled to Full “First Money” in Worker’s Third-Party Tort Settlement
May 9, 2022

RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties

Under Rhode Island’s so-called Branco exception to the going and coming rule, an employee and/or the employee’s dependents may recover workers’ compensation benefits where the employee’s injury or death results...

RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties RI Supreme Court Broadens “Parking Lot” Rule to Include Leased Properties
May 5, 2022

NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder

N.C. Gen. Stat. § 97-85(a), which empowers the North Carolina Industrial Commission to reconsider the evidence before the deputy commissioner, and to amend the deputy commissioner’s award “if good ground...

NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder NC Court Reiterates that Full Commission, Not the Deputy Commissioner, is the Ultimate Factfinder

New Comments

  • ramivou: They hid behind a flawed "reading" of this statute for a decade. I am glad the SC finally put an end to the misconception that it was a "first six months only" filing requirement, rather than an ongoing responsibility.
  • trob: Thanks for the query. New York's going and coming doctrine is similar to that in place in the majority of jurisdictions. That is to say that for employees with a fixed place of work and who are on a relatively consistent work schedule, the commute to and from the residence is outside the course and scope of the employment. Often overlooked is the fact that the employee must generally have a fixed ...
  • ramivou: Is coming and going covered in NY?
  • trob: Excellent question. My thought is that the employer was following what it assumed was the typical practice of seeking to protect its "subrogation" interest in state court; in virtually all jurisdictions, the state trial courts are where subrogation issues are litigated. What differed here, of course, was that it wasn't a standard subrogation case, i.e., the employee's work-related injury wasn't ca...
  • ramivou: Why didn't they file it with the state Commission instead?
  • Thomas A. Robinson: I suspect that ACME could seek contractual indemnity, as you note, either from the staffing agency or its carrier. The goal of the Board or agency generally is to see to the proper award of benefits for compensable injuries. Allowing the "aggrieved" parties to sort it out later is completely consistent with the overall theory of workers' compensation. Many thanks for the comment. Best wishes.
  • Barry Stinson: I wonder if Acme's insurer could seek contractural indemnity from Variety's insurer outside of the WC system.
  • Michael C. Duff: The conceptual distinction is between joint causation and presumptive single causation.
  • Thomas A. Robinson: Sorry, I don't/can't provide legal advice. Best wishes, however.
  • Ken Smith: What can I do when my attorney blows my case with an incomplete RB89