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 CausationFL 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, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?Workers’ compensation immunity is often described as the product of a grand bargain: employers assume no-fault liability for workplace injuries, and in return receive protection from civil tort suits. But...
FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever Existed FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever ExistedReporting an Injury Alone Does Not Trigger Retaliation Protection In Delaware, an employee does not “claim” or “attempt to claim” workers’ compensation benefits merely by informing an employer of an...
Delaware High Court Clarifies What Counts as “Claiming” Workers’ Compensation Delaware High Court Clarifies What Counts as “Claiming” Workers’ CompensationDOJ Moves Marijuana to Schedule III, but Practical Effects Remain Uncertain In a development that may have implications for workers’ compensation claims involving medical marijuana, the U.S. Department of Justice...
Federal Reclassification of Marijuana: A Development to Watch in Workers’ Comp Federal Reclassification of Marijuana: A Development to Watch in Workers’ CompThird Department Emphasizes Board’s Fact-Finding Authority and Strength of § 21 Presumption A workplace injury need not be witnessed to be compensable where circumstantial evidence supports the occurrence of an...
NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial Evidence NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial EvidenceMedical provider networks now dominate the delivery of care in workers’ compensation. In most states, the majority of medical dollars flow through them. Yet for all their ubiquity, clear evidence...
What Do Provider Networks Actually Do? WCRI Offers Some Answers What Do Provider Networks Actually Do? WCRI Offers Some AnswersWrong Legal Test Applied to Traveling Employee Reversing the circuit court and setting aside the Commission’s award of death benefits, the Appellate Court of Illinois, Fifth District, held that the...
Illinois Court Reverses Death Benefits Award Illinois Court Reverses Death Benefits AwardPulmonary Embolism Deemed Sole Cause; Water Aspiration Not a Substantial Factor In a divided, nonprecedential order, the New Hampshire Supreme Court affirmed the denial of death benefits where the Compensation...
NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace Death NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace DeathIn Teed v. Everest Campus East, LLC, 2026 Fla. App. LEXIS 2662 (Fla. 2d DCA Apr. 8, 2026), a Florida appellate court reversed summary judgment for a property manager, holding...
FL: Horizontal Immunity Requires a True Contractor–Subcontractor Relationship FL: Horizontal Immunity Requires a True Contractor–Subcontractor RelationshipIn Harris v. Tri-Tech Laboratories, LLC, 2026-Ohio-1152, 2026 Ohio App. LEXIS 1197 (Ohio Ct. App., 5th Dist. Mar. 31, 2026), the Fifth District affirmed dismissal of an employee’s intentional tort...
Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01 Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01The Supreme Court of Ohio recently held that the Industrial Commission failed to properly apply R.C. 4123.56(F) when it awarded temporary total disability (TTD) compensation to an injured nine-month school...
Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month Employee Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month EmployeeAL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits In Duke v. Walmart, Inc., 2026 Ala. LEXIS 31 (Ala. Mar. 20, 2026), the Supreme Court of Alabama affirmed...
AL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits AL Supreme Court Bars Tort Claim Where Worker Accepted Comp BenefitsCourt Finds Jury Question on Contract Formation In Antonio Munoz Aserradero, LLC v. Thomas, 2026 Tex. App. LEXIS 2261 (Tex. App.—Tyler Mar. 11, 2026), the Court of Appeals of Texas,...
Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period
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