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 ProvisionEvidence that a highly trained firearms instructor failed to observe known safety rules, resulting in the fatal shooting of a co-employee in a training exercise, while tragic, was not enough...
Deceased Employee’s Heirs May Not Maintain Tort Action Against Mississippi Employer Following Training Exercise Shooting Deceased Employee’s Heirs May Not Maintain Tort Action Against Mississippi Employer Following Training Exercise ShootingIowa Commutation Order Allows for Substantial Inheritable Estate Illustrating just how far some states have moved away from the original workers’ compensation principle that indemnity benefits are not an inheritable...
Opinion Mondays: States Shouldn’t Treat PTD Awards as Estate Planning Tools Opinion Mondays: States Shouldn’t Treat PTD Awards as Estate Planning ToolsReversing a decision by the state’s Workers’ Compensation Board, a New York appellate court held that, contrary to the Board’s interpretation, in the absence of specific instructions regarding hamstring tears...
NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring Tear NY Claimant Should Be Awarded Scheduled Injury to Leg for Serious Hamstring TearA Florida appellate court held the 52-week filing requirement found in § 112.1815(5)(d), Fla. Stat., operated as a statute of repose, and not as a statute of limitations. Under the...
Florida First Responder’s PTSD Claim is Untimely Filed Florida First Responder’s PTSD Claim is Untimely FiledIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had...
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemFinding that a NY corporation had failed to establish either that it and Plaintiff’s employer–a related entity–were part of a single integrated entity or that one of the corporations controlled...
NY Pharmacist May Proceed in Tort Against Entity Affiliated With His Employer NY Pharmacist May Proceed in Tort Against Entity Affiliated With His EmployerA Mississippi appellate court held the state’s Workers’ Compensation Commission erred when it entered an order that required an employer/carrier to pay attorney’s fees of $4,000 as a sanction for...
MS Court Reverses Commission Order Granting Sanctions Against Employer MS Court Reverses Commission Order Granting Sanctions Against EmployerA defendant/co-worker’s act of bringing her dog to the employer’s residential facility for pregnant women to serve as a comfort animal was an activity that had to do with and...
Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by Exclusivity Texas Employee’s Suit Against Co-Worker for Dog Bite is Barred by ExclusivityThe D.C. Court of Appeals reversed a decision by the District's Compensation Review Board (CRB) that had held the District of Columbia's Adjudication and Hearings Department had no statutory authority...
Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling Contractor Opinion Mondays: DC’s Hearings Division Has New Job—Choosing a Home Remodeling ContractorIn an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court's decision granting summary judgment in favor of two former employers who, according to...
Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical Case Fifth Circuit Affirms Summary Judgment Favoring Former Employers in Toxic Chemical CaseCircuit Court’s Contempt Order for Failure to Abide by Discovery Order is Erroneous An Illinois trial court committed error when it found an intervening workers’ compensation insurer in contempt for...
Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort Suit Intervening IL Workers’ Comp Insurer is Not a “Party” to the Underlying Tort SuitA New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that a former substitute teacher had withdrawn from the labor market and any loss of earnings...
NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury NY Substitute Teacher’s Loss of Earnings Due to Personal Choice, Not Injury
New Comments