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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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Jan 18, 2022

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine

Applying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine
Jan 14, 2022

The Case of the Missing Case

In early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New...

The Case of the Missing Case The Case of the Missing Case
Jan 13, 2022

Delaware High Court Says Sinkhole Injuries Were Not Compensable

The Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...

Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not Compensable
Jan 13, 2022

Opinion Mondays: Is California’s “Posse Law” Passe?

In a case involving an utterly bizarre fact pattern, as well as a legal battle stretching out over the bulk of a decade, the Supreme Court of California, in a 5-2 decision, held that a civil action for negligence and misrepresentation filed by two private citizens against...

Opinion Mondays: Is California’s “Posse Law” Passe? Opinion Mondays: Is California’s “Posse Law” Passe?
Jan 11, 2022

Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power

A Pennsylvania WCJ need not consider non-work-related injury limitations that were the result of actions that occurred after the work-related injury as part of a Pennsylvania injured employee’s “residual productive...

Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power Post-Injury Felony Conviction Not a Factor in Determining PA Employee’s Earning Power
Jan 10, 2022

NC Court Construes State’s “Injury by Accident” Requirement

Construing N.C. Gen. Stat. § 97-2(6), which defines “injury” to mean “only injury by accident arising out of and in the course of the employment” [emphasis added], the Court of...

NC Court Construes State’s “Injury by Accident” Requirement NC Court Construes State’s “Injury by Accident” Requirement
Jan 6, 2022

The Top 10 Bizarre Workers’ Comp Cases for 2021

Copyright 2022. Thomas A. Robinson. All rights reserved. This post may not be reproduced, in whole or in part, in any form or format, without the express written consent of...

The Top 10 Bizarre Workers’ Comp Cases for 2021 The Top 10 Bizarre Workers’ Comp Cases for 2021
Jan 4, 2022

Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery

A Florida appellate court has affirmed a decision of a Judge of Compensation Claims (JCC) holding that an injured firefighter was not entitled to reimbursement for additional surgical expenses related...

Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery
Jan 3, 2022

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application

In a claim tangental to a highly-publicized 2019 indictment for alleged workers’ compensation fraud, a New York appellate court held that the state’s Workers’ Compensation Board abused its discretion when...

NY Board Abused Discretion in Failing to Allow Carrier’s Review Application NY Board Abused Discretion in Failing to Allow Carrier’s Review Application
Dec 29, 2021

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents

Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents
Dec 27, 2021

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues

In a decision that is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues
Dec 24, 2021

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

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