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Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day
Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day
Aug 19, 2026

VA: One Basket, Two Injuries—and Only One Compensable Accident

In *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...

VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable Accident
Aug 17, 2026

UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement

In Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...

UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement

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Apr 6, 2021

Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule”

The Court of Appeals of South Carolina affirmed a decision by the Appellate Panel of the state’s Workers’ Compensation Commission that awarded death benefits to the children of a motel...

Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule” Fatal Shooting of SC Motel Worker Found Compensable Under “Bunkhouse Rule”
Apr 5, 2021

NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award

The Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...

NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award
Apr 2, 2021

Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of Limitations

A Virginia pharmacy is a “health care provider” that must file its claims within the one-year period prescribed in Va. Code Ann. § 65.2-605.1(F), held the Court of Appeals of...

Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of Limitations Virginia Pharmacy is “Health Care Provider” for Purposes of Statute of Limitations
Mar 30, 2021

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company

Lamenting that under the plain wording of Ky. Rev. Stat. § 342.165(1), a temporary staffing company can only be liable for the special 30 percent enhancement of workers’ compensation benefits...

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company
Mar 29, 2021

Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges

Bankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med Providers Where a Wisconsin worker settled a contested workers’ compensation claim with his employer and its insurer by means of...

Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges
Mar 22, 2021

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?

BRB Says Required Use of “Most Recent Version of Guides is Not Unconstitutional Delegation of Legislative Power In a decision that may have slipped beneath the radar of insurers, administrators,...

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?
Mar 18, 2021

Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim

An Ohio appellate court affirmed a trial court’s decision granting an employer summary judgment in a retaliatory discharge action filed against it by an employee who was terminated soon after...

Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim
Mar 17, 2021

FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of Insurance

A Florida appellate court affirmed a finding by a state Judge of Compensation Claims that a subcontractor’s workers’ compensation policy had been cancelled prior to a work-related injury suffered by...

FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of Insurance FL Insurer’s Cancellation Effective in Spite of Issuance of Certificate of Insurance
Mar 16, 2021

Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer

Stressing that under N.Y. Workers’ Comp. Law § 18, an injured employee is required to give written notice of any work-related injury to his or her employer within 30 days,...

Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer Comp Worker’s Claim Fails Due to Untimely Report of Injury to NY Employer
Mar 15, 2021

Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections

A Nebraska appellate court held that a self-employed person engaged in his own self-employed business, and who elected not to bring himself within the state’s Workers’ Compensation Act, was not...

Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections
Mar 11, 2021

Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits

An Alabama appellate court reversed a final judgment entered by a state trial court that awarded an employee, in pertinent part, a scheduled permanent partial disability for a 59 percent...

Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits
Mar 9, 2021

Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits

Negligent post-injury conduct, such as exceeding the lifting restrictions placed on an injured employee’s activity cannot, in and of itself, constitute an independent intervening cause that would relieve the original...

Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits

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