Idaho Federal Court Finds Surveillance and a Full-Duty Release Defeat Workers' Comp Retaliatory Discharge Claim The U.S. District Court for the District of Idaho recently granted summary judgment for a...
Trucker’s Retaliation Claim Runs Aground in His Own Hay Field Trucker’s Retaliation Claim Runs Aground in His Own Hay FieldRisk-Exposure Evidence Alone Can Establish the Causal Link, Justices Hold Last Thursday, In a unanimous decision authored by Justice Muñiz, the Supreme Court of Florida held that a workplace assault...
FL High Court Rejects Motive Requirement for Workplace Assault Claims FL High Court Rejects Motive Requirement for Workplace Assault ClaimsSupervisors Who Allegedly Blocked Exits Fell Outside the Workers’ Comp Act’s Exclusive Remedy The Kentucky Court of Appeals has revived tort claims brought by survivors of the December 2021 tornado...
KY Court Revives Tort Claims From Mayfield Candle Factory Tornado Deaths KY Court Revives Tort Claims From Mayfield Candle Factory Tornado DeathsMS Court Rejects Time-Bar Finding in Casino Dealer’s Shoulder Injury Case The Mississippi Court of Appeals has reversed a Workers’ Compensation Commission order dismissing a casino dealer’s shoulder injury claim...
Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations Clock Progressive-Injury Diagnosis, Not Initial Symptoms, Starts the Limitations ClockYesterday, the Appellate Division, Third Department affirmed a Workers’ Compensation Board decision establishing a claim for workers’ compensation death benefits, finding that a truck driver’s death from COVID-19 was causally...
NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence NY Court Affirms COVID-19 Death Benefits Award Based on Workplace PrevalenceIn a 6–2 decision, the Oklahoma Supreme Court held that the state’s Administrative Workers’ Compensation Act does not limit a claimant to a single change of treating physician per claim—even...
Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling Oklahoma High Court: “One Physician Change” is a Floor, Not a CeilingEmployee Tests at 48 Times the Statutory Limit In Del. Rosario v. Fresh Mark Inc., 2026-Ohio-274, 2026 Ohio App. LEXIS 282 (Ct. App. 5th Dist. Jan. 29, 2026), an Ohio...
Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment Ohio Court Affirms Denial of Benefits Based on Marijuana ImpairmentOregon Holds Immunity for State Employees Violates Constitution When Applied to Workers’ Compensation Recipients In a 5-2 decision, the Oregon Supreme Court has handed down a significant opinion addressing the...
Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy ClauseYesterday, in Goins v. Industrial Commission of Arizona, 2026 Ariz. App. LEXIS 16 (Div. 1, Jan. 21, 2026), an Arizona appellate court affirmed denial of workers' compensation benefits to an...
AZ Court: Personal Firearm Injury Did Not Arise Out of Employment AZ Court: Personal Firearm Injury Did Not Arise Out of EmploymentIn Chandler v. United States, 2026 U.S. Dist. LEXIS 6568 (D. Colo. Jan. 13, 2026), the United States District Court for the District of Colorado dismissed an inmate’s Federal Tort...
Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA ClaimIn Mendoza v. Board of Retirement of the Ventura County Employees’ Retirement Assn., 2025 Cal. App. LEXIS 865 (2d Dist. Dec. 3, 2025), a California appellate court affirmed denial of...
CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement BenefitsBoard Exercised Discretion When Death Prevented IME and Cross-Examination on Psychiatric Injuries In Matter of Brady v. Town of Warwick, 2025 N.Y. App. Div. LEXIS 7401 (3d Dept. Dec. 31,...
NY Court Affirms Claim Abatement After Claimant’s Death NY Court Affirms Claim Abatement After Claimant’s DeathThe Tennessee Court of Appeals has affirmed a trial court’s holding that a carpenter performing construction work on a farm property was neither a “casual employee” nor a “farm/agricultural laborer”...
Failure to Secure Comp Insurance Proves Costly for TN Company Failure to Secure Comp Insurance Proves Costly for TN CompanyThe Texas Court of Appeals, Seventh District, recently affirmed summary judgment for an employer in a wrongful death action filed by the mother of an employee who suffered fatal injuries...
Texas Court Affirms Summary Judgment in Grain Bin Death Case Texas Court Affirms Summary Judgment in Grain Bin Death CaseThe Idaho Supreme Court has reversed the Idaho Industrial Commission’s denial of benefits in a case involving a recurrent tendon tear, holding that the Commission applied an incorrect causation standard...
Idaho Clarifies Causation for Recurrent Injuries Idaho Clarifies Causation for Recurrent InjuriesThe Tennessee Supreme Court recently held that a retail store chain was not a statutory employer of a product vendor’s injured employee, reversing the state’s Court of Appeals and adopting...
TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law
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