Newest Articles

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

All Articles

ARCHIVE
2026
2025
2024
2023
2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2011
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
Mar 8, 2021

Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado

The mandate provided in Colo. Rev. Stat. Ann. §§ 101(3)(a)(I) and 101(3.7), that impairment ratings must be “based on” the revised third edition of AMA Guides, does not prevent a...

Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado Third Edition of AMA Guides is “Starting Point” for Impairment Ratings in Colorado
Mar 4, 2021

NH High Court Sends Medical Marijuana Case Back to Board for Second Time

In a well-written opinion that should be earmarked by law students (and attorneys) who desire a relatively concise discussion of federal preemption law, the Supreme Court of New Hampshire has,...

NH High Court Sends Medical Marijuana Case Back to Board for Second Time NH High Court Sends Medical Marijuana Case Back to Board for Second Time
Mar 2, 2021

MS Claimant Establishes Claim in Spite of Cautious Medical Testimony

A Mississippi appellate court affirmed an ALJ’s decision, affirmed by the state’s Workers’ Compensation Commission, that an employee’s stress fracture in her right foot was work-related, entitling the employee to...

MS Claimant Establishes Claim in Spite of Cautious Medical Testimony MS Claimant Establishes Claim in Spite of Cautious Medical Testimony
Mar 1, 2021

NY Court Says “Yes” to Medical Marijuana

A New York appellate court has affirmed a decision by the state’s Workers’ Compensation Board that allowed a variance to the state treatment guidelines for workers’ compensation claims and which...

NY Court Says “Yes” to Medical Marijuana NY Court Says “Yes” to Medical Marijuana
Feb 23, 2021

W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”

In a deeply divided (3-2) memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision rejecting the claim of a cashier at a gaming parlor who contended...

W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template” W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”
Feb 22, 2021

Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms

Construing Ark. Code Ann. § 11-9-102(4)(D) (Supp. 2019), which indicates that a compensable injury must be established by medical evidence supported by objective findings [emphasis mine], an Arkansas appellate court...

Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms Arkansas Muscle Strain Claim May Be Compensable Where Physician Did Not Observe Spasms
Feb 18, 2021

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy

An injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy
Feb 16, 2021

Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”

An Arkansas appellate court affirmed the denial of workers’ compensation benefits to an employee who suffered mysterious GI bleeding while completing workers’ compensation claims forms at his employer’s facility, and...

Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained” Arkansas Court Stresses Difference Between “Idiopathic” and “Unexplained”

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