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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

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Feb 15, 2021

Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement

Where an Alabama resident sustained injuries in a work-related vehicular accident in Alabama, she could seek workers’ compensation benefits before an Alabama court in spite of a broad provision in...

Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement Alabama Trucker Not Bound by Jurisdictional Limitation in Her Employment Agreement
Feb 12, 2021

NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed

Where an employee retired in 2014, and was determined to be disabled by an occupational disease in 2016, at which time his employer had no workers’ compensation policy in effect–and...

NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed NY Court Remands Case Where Occupational Disease Disablement Date Was Close to Date Policy Lapsed
Feb 11, 2021

Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that found an injured employee had misrepresented his physical condition to his treating physicians–videotape surveillance showed...

Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a Surveillance Video Leads to NY Board’s Finding of Disqualification under § 114-a
Feb 9, 2021

NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day”

Where a chef/cook, employed by a non-profit organization, sustained injuries at her employer’s “Family Fun Day”, an event that included recreational activities, games and music, held on a Saturday for...

NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day” NJ High Court Allows Claim for Injury Sustained During Charity’s “Fun Day”
Feb 8, 2021

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment

A New York appellate court reversed a finding by the state's Workers' Compensation Board that had denied workers' compensation benefits to a home health attendant who provided care to one...

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment 24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment
Feb 4, 2021

Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge

A federal district court in Illinois, construing that state’s law concerning retaliatory discharge claims, held–in relevant part–that a plaintiff’s factual allegations did not give rise to a claim of retaliatory...

Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge
Feb 2, 2021

Virginia Court Sticks to its “Actual Risk” Doctrine

Applying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...

Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” Doctrine
Feb 1, 2021

NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises

Reversing a decision of a state workers’ compensation judge, the Superior Court of New Jersey, Appellate Division, found that injuries sustained by a township librarian, when she and her husband...

NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises
Jan 28, 2021

PA Supreme Court Construes Benefits Disqualification During Incarceration Statute

The Supreme Court of Pennsylvania, affirming a decision by the state’s Commonwealth Court, held that the express terms of Section 306(a.1) of the state’s Workers’ Compensation Act [77 P.S. §...

PA Supreme Court Construes Benefits Disqualification During Incarceration Statute PA Supreme Court Construes Benefits Disqualification During Incarceration Statute
Jan 26, 2021

Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails

Construing Iowa's special co-employee immunity statute [Iowa Code § 85.20(2)], pursuant to which a coemployee is not immune from tort liability if his or her gross negligence causes injury to...

Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails
Jan 25, 2021

Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim

While proximity of time between an employee’s injury and her firing is generally sufficient to make out a prima facie case for retaliatory discharge, a recent federal district court decision...

Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim
Jan 21, 2021

California Supreme Court Says Dynamex Should be Applied Retroactively

In Vazquez v. Jan-Pro Franchising International, Inc., 2021 Cal. LEXIS 1 (Jan. 14, 2021), the Supreme Court of California held its earlier Dynamex decision [Dynamex Operations West, Inc. v. Superior...

California Supreme Court Says Dynamex Should be Applied Retroactively California Supreme Court Says Dynamex Should be Applied Retroactively

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