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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
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon 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 New
Sep 22, 2026

Whose Work Was Being Done?

Federal 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?

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Apr 28, 2026

FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever Existed

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 Existed
Apr 27, 2026

Delaware High Court Clarifies What Counts as “Claiming” Workers’ Compensation

Reporting 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’ Compensation
Apr 24, 2026

Federal Reclassification of Marijuana: A Development to Watch in Workers’ Comp

DOJ 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’ Comp
Apr 23, 2026

NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial Evidence

Third 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 Evidence
Apr 20, 2026

What Do Provider Networks Actually Do? WCRI Offers Some Answers

Medical 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 Answers
Apr 16, 2026

Illinois Court Reverses Death Benefits Award

Wrong 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 Award
Apr 14, 2026

NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace Death

Pulmonary 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 Death
Apr 9, 2026

FL: Horizontal Immunity Requires a True Contractor–Subcontractor Relationship

In 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 Relationship
Apr 8, 2026

Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01

In 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. 2745.01
Apr 6, 2026

Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month Employee

The 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 Employee
Apr 3, 2026

AL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits

AL 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 Benefits
Apr 2, 2026

Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period

Court 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

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