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 ProvisionThe Supreme Court of South Dakota recently affirmed a trial court’s decision that granted summary judgment to a municipality and a volunteer fire department on the basis that the department’s...
South Dakota Court “Borrows” Going and Coming Rule for Negligence Action South Dakota Court “Borrows” Going and Coming Rule for Negligence ActionStressing that a claimant’s “injury” and “impairment” are not necessarily equivalents, an Iowa appellate court affirmed a determination that an injured worker was entitled to permanent partial disability benefits; he...
Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the Leg Iowa Court Affirms PPD Award Where Effects of Knee Injury Extended Beyond the LegA Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...
Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of CompensabilityWhere an injured employee sought a one-time change of physician and, within the five-day period designated in § 440.13(2)(f), Fla. Stat., was first given a referral physician and appointment options...
Florida Court Construes One-Time Change of Physician Statute Florida Court Construes One-Time Change of Physician StatuteWhile it is often said that the procedural aspects of a workers’ compensation dispute are largely informal, with the parties not always being bound to the narrowest interpretations of notice...
NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier Itself NY Claimant’s Service Upon Third-Party Administrator Was Not Service Upon the Carrier ItselfA New York appellate court affirmed a decision by a state trial court that granted defendants summary judgment in a negligence action filed against them related to the alleged malfunction...
NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against Defendants NY Court Says Collateral Estoppel Bars Injured Worker’s Subsequent Negligence Action Against DefendantsQuoting Larson’s Workers’ Compensation Law, and stressing that the doctrine of res judicata should be applied differently in workers’ compensation cases than in the usual context of a judicial action,...
Res Judicata Does Not Bar KY Employee From Reopening Claim Res Judicata Does Not Bar KY Employee From Reopening ClaimA South Carolina appellate court affirmed a decision by a state trial court that dismissed the civil action filed against the S.C. Workers’ Compensation Commission by a law firm who...
SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee Lien SC Commission is Immune From Suit After Apparent Stumbling With Attorney’s Fee LienIn an opinion not designated for publication, the Court of Appeals of Virginia affirmed an award of workers’ compensation benefits to an employee of an auto dealership who sustained injuries...
Va. Employee’s Injuries Sustained While Moving Under Descending Door Are Compensable Va. Employee’s Injuries Sustained While Moving Under Descending Door Are CompensableThe Kentucky Supreme Court held the 2018 amendment to Ky. Rev. Stat. 342.730(4), which terminates workers’ compensation income benefits when the recipient reaches the age of 70 or four years...
KY Supreme Court Says Statute Terminating Income Benefits at Age 70 is Constitutional KY Supreme Court Says Statute Terminating Income Benefits at Age 70 is ConstitutionalA Georgia appellate court found that a state superior court erred when it reversed the State Board of Workers’ Compensation’s determination that an injured worker had recovered from a work-related...
GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current Condition GA Worker’s Subsequent Fall at Home Was an Intervening Cause of Current ConditionThe Superior Court of Delaware (New Castle) held that the issue of whether an employee’s fatal COVID-19 infection was an injury or occupational disease must be determined by the state’s...
Delaware Board Must Decide if COVID-Related Claim is Compensable Delaware Board Must Decide if COVID-Related Claim is Compensable
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