In 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 Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CarePA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...
Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?In Matter of Harmon v. Faxton Sunset St. Luke’s Health Care Ctr. Inc., 2025 N.Y. App. Div. LEXIS 5692 (3d Dept. Oct. 9, 2025), New York’s Appellate Division (Third Department)...
NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove Fraud NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove FraudRecent clinical trials have demonstrated that cannabis-derived medications may be safer and more effective than opioids for treating chronic lower back pain—a finding with significant implications for workers’ compensation systems...
Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation251008 NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case The North Carolina Court of Appeals has rejected an employer’s argument that a nurse’s voluntary participation in pepper-spray...
NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training CaseThe Mississippi Court of Appeals recently affirmed summary judgment favoring a school district, holding that a cafeteria worker placed at an elementary school by a staffing agency was the district’s...
MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee” MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee”An Illinois appellate court has affirmed a nearly $5.8 million judgment in a negligence action filed by the widow of a restaurant employee who died from anaphylactic shock after eating...
IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock Case IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock CaseIn Teitelman v. SAIF Corp. (In re Compensation of Cardoza), 2025 Ore. LEXIS 626 (Sept. 25, 2025), the Oregon Supreme Court held that injured workers are entitled to request their...
OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend DenialIn Mercado v. Hyannis Air Service, Inc., 2025 U.S. App. LEXIS 24455 (1st Cir. Sept. 22, 2025), the First Circuit vacated a district court’s grant of summary judgment in a...
First Circuit Reverses Summary Judgment in Puerto Rico Retaliation Case First Circuit Reverses Summary Judgment in Puerto Rico Retaliation CaseA New York appellate court has reversed a Workers’ Compensation Board decision that classified an injured construction worker as an employee, holding that the Board failed to apply the statutory...
NY Court Reverses Employment Classification Decision in Construction Injury Case NY Court Reverses Employment Classification Decision in Construction Injury CaseThe Ohio Supreme Court has upheld additional workers’ compensation benefits for a roofer injured in a fall, holding that merely transporting safety equipment to a jobsite does not satisfy fall-protection...
Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through Skylight Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through SkylightThe Kentucky Supreme Court has ruled that the state’s Official Disability Guidelines (ODG) can be applied retroactively to deny workers’ compensation coverage for treatments that were previously deemed compensable for...
Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid Coverage Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid CoverageThe Georgia Court of Appeals has ruled that workers’ compensation settlements cannot generally bar separate tort claims when the parties expressly preserve those rights in writing. In Pierre v. MICRO-JA/X,...
GA Court Preserves Tort Rights Despite Workers’ Comp Settlement GA Court Preserves Tort Rights Despite Workers’ Comp SettlementThe Mississippi Supreme Court, stressing the derivative nature of wrongful death actions, held that because a school resource officer for a county school district would have been barred—on exclusive remedy...
The Derivative Nature of Wrongful Death Claims Proves Decisive The Derivative Nature of Wrongful Death Claims Proves Decisive
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