In Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering BenefitsIn Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy ProvisionYesterday, a New York appellate court affirmed a decision by a panel of the state’s Workers’ Compensation Board that set counsel fees for the claimant’s attorney at $8,000, instead of...
NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount Requested NY Court Affirms Board’s Reduction of Attorney Fee to 45 Percent of Amount RequestedIn spite of medical evidence that indicated an injured employee’s disability should be equally apportioned between his noncompensable lung cancer condition and a subsequent work-related injury to his right shoulder...
No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical EvidenceWhere an employer paid for medical services exclusively to treat the compensable injury, but not to treat any additional harm from medical negligence, the employer had no subrogation interest in...
Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice Settlement Maryland Employer’s Subrogation Interest Does Not Extend to Employee’s Medical Malpractice SettlementA panel of the New Hampshire Supreme Court reversed a finding of the state’s Compensation Appeals Board (CAB) denying a claim by an elementary school speech assistant who sustained a...
NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall Case NH Supreme Court Panel Reverses Board’s Denial in Unexplained Fall CaseWith a tip of the hat to those of you who reported to the office today — according to a recent research article by Joyce Maroney, Executive Director of the...
Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” Employee Super Bowl Monday Special: PA Court Says NFL Player Was Not “Seasonal” EmployeeA Washington appellate court affirmed a finding by the state’s Department of Labor and Industries (”the Department”) that an employee could not prevail in her occupational disease claim for post-traumatic...
Washington Claimant May Not Recover for PTSD as an Occupational Disease Washington Claimant May Not Recover for PTSD as an Occupational DiseaseYesterday, an Arkansas appellate court affirmed a finding by a county circuit court that held the Uniform Contribution Among Tortfeasors Act, as amended and codified at Ark. Code Ann. §§...
No Apportionment of Fault Allowed against Arkansas Employer No Apportionment of Fault Allowed against Arkansas EmployerIn True North Me. v. Liberty Mutual Ins. Co., 2020 U.S. Dist. LEXIS 13941 (Jan. 28, 2020), a federal district court sitting in Maine applied the so-called “comparison test” —...
General Liability Insurer Must Defend In Spite of Fact That Injury Occurred at Workplace General Liability Insurer Must Defend In Spite of Fact That Injury Occurred at WorkplaceYesterday, a federal district court held that a Tennessee employer had violated state employment law regarding retaliatory discharge where the employee in question was fired within one hour of the...
Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration Status Surreptitious Recording Reveals Firing Was Connected to Comp Claim and Not Immigration StatusLast Friday, answering a question certified to it by the U.S. Court of Appeals for the Seventh Circuit, the Supreme Court of Illinois held that under section 21 of the...
IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the Worker IL Supreme Court: Workers’ Compensation Settlement Proceeds Are Beyond Reach of Health Care Providers Who Treated the WorkerStressing that an Arkansas appellate court must defer to the state Commission’s findings of credibility and its resolution of conflicting evidence, even though it is the administrative law judge —...
Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana Use Arkansas Worker Fails to Show Injury Was Not “Substantially Occasioned” by Marijuana UseYesterday, a Florida appellate court held an employer and a co-employee were not estopped to raise the exclusive remedy defense in a civil action filed against them by a plaintiff...
Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule? Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule?
New Comments