Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeIn Chandler v. United States, 2026 U.S. Dist. LEXIS 6568 (D. Colo. Jan. 13, 2026), the United States District Court for the District of Colorado dismissed an inmate’s Federal Tort...
Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA ClaimIn Mendoza v. Board of Retirement of the Ventura County Employees’ Retirement Assn., 2025 Cal. App. LEXIS 865 (2d Dist. Dec. 3, 2025), a California appellate court affirmed denial of...
CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement BenefitsBoard Exercised Discretion When Death Prevented IME and Cross-Examination on Psychiatric Injuries In Matter of Brady v. Town of Warwick, 2025 N.Y. App. Div. LEXIS 7401 (3d Dept. Dec. 31,...
NY Court Affirms Claim Abatement After Claimant’s Death NY Court Affirms Claim Abatement After Claimant’s DeathThe Tennessee Court of Appeals has affirmed a trial court’s holding that a carpenter performing construction work on a farm property was neither a “casual employee” nor a “farm/agricultural laborer”...
Failure to Secure Comp Insurance Proves Costly for TN Company Failure to Secure Comp Insurance Proves Costly for TN CompanyThe Texas Court of Appeals, Seventh District, recently affirmed summary judgment for an employer in a wrongful death action filed by the mother of an employee who suffered fatal injuries...
Texas Court Affirms Summary Judgment in Grain Bin Death Case Texas Court Affirms Summary Judgment in Grain Bin Death CaseThe Idaho Supreme Court has reversed the Idaho Industrial Commission’s denial of benefits in a case involving a recurrent tendon tear, holding that the Commission applied an incorrect causation standard...
Idaho Clarifies Causation for Recurrent Injuries Idaho Clarifies Causation for Recurrent InjuriesThe Tennessee Supreme Court recently held that a retail store chain was not a statutory employer of a product vendor’s injured employee, reversing the state’s Court of Appeals and adopting...
TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp LawThe New York Appellate Division, Third Department, recently affirmed the state Workers’ Compensation Board’s decision to disallow a claim for hearing loss based on improper ex parte communications between the...
NY Attorney’s Ex Parte Communication with MD Sinks Claim NY Attorney’s Ex Parte Communication with MD Sinks ClaimIn a 4–3 decision, the North Carolina Supreme Court reversed the Court of Appeals and held that a construction company did not jointly employ an off-duty deputy sheriff injured while...
NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided DecisionProbationary Status and Multiple Witnesses Defeat Pretext Claim An Ohio appellate court has affirmed summary judgment for an employer in a workers’ compensation retaliation case where timing alone could not...
Ohio Court Affirms Summary Judgment in Retaliation Case Ohio Court Affirms Summary Judgment in Retaliation CaseYesterday, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision affirming denial of benefits to a police officer who developed disabling PTSD following a November 2020 incident in...
PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death StruggleThe Delaware Supreme Court recently affirmed a decision applying the recurrence versus aggravation framework in a case with an unusual result: because the claimant had commuted his earlier workers’ compensation...
DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation
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