Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementReversing a decision of the state’s Court of Appeals, and side-stepping — at least to some degree — the issue of illicit relationships, the Supreme Court of South Carolina found...
SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show Dependency SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show DependencyWhere a Virginia police officer in 2009 and 2010 signed acknowledgments that he had received a copy of Virginia’s special heart-lung presumption favoring police officers and certain others, the state’s...
Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of Limitations Virginia Police Officer’s Knowledge of Special Heart-Lung Presumption Does Not Trigger Statute of LimitationsWhere a law judge found that an injured New York worker was entitled to a PPD classification based on impairments to her cervical and lumbar spine, entitling her to nonschedule...
NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury Wages NY Court Disapproves of Board’s “Virtual Banking” of Benefits Where Claimant Returns to Work at Preinjury WagesIn relevant part, N.Y. Workers’ Comp. Law § 11 prohibits third-party claims for indemnification and contribution against an employer unless the injured employee has sustained a “grave injury” as defined...
Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity ClaimStressing that the Michigan Supreme Court’s Stark decision had not set forth four “factors” to be weighed in determining whether a claimant’s going and coming injury nevertheless occurred in the...
Michigan Auditor’s Auto Accident Injury Claim Not Barred by Going and Coming Rule Michigan Auditor’s Auto Accident Injury Claim Not Barred by Going and Coming RuleWhere a hospital entered into a contract with a management services company (“the management company”), pursuant to which the management company trained and sometimes supervised the hospital’s “housekeepers,” but where...
NY Hospital Employee’s Tort Action Against Outside Management Services Company Barred by Exclusive Remedy Doctrine NY Hospital Employee’s Tort Action Against Outside Management Services Company Barred by Exclusive Remedy DoctrineIn Missouri, where employers have elected to accept mesothelioma liability pursuant to a special provision of the state Act — Mo. Rev. Stat. § 287.200.4(3)(a)(2013) — the employer becomes liable...
Missouri Claimants Not Entitled to Statutory “Enhanced Benefit” for Worker’s Mesothelioma Missouri Claimants Not Entitled to Statutory “Enhanced Benefit” for Worker’s MesotheliomaAn Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held an injured worker had failed to rebut the presumption that his work-related injury was “substantially...
Arkansas Worker Fails to Rebut Presumption After Positive Drug Test Arkansas Worker Fails to Rebut Presumption After Positive Drug TestWhere the Georgia Board found that the employee’s work-related injuries had resolved prior to the date the employee requested a change in her treating physician, it was appropriate for the...
Georgia Employee Not Entitled to Change in Physician Since Injury Was Resolved Georgia Employee Not Entitled to Change in Physician Since Injury Was ResolvedConstruing Ariz. Rev. Stat. § 23-1043.01(B), which denies coverage for mental injuries, such as PTSD, unless some “unexpected, unusual or extraordinary stress related to the employment … was a substantial...
Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD ClaimIt is axiomatic that the procedural law of workers’ compensation takes its lead and tone from the beneficent nature of the legislation. Except in those few jurisdictions utilizing court administration...
Around the Horn: Admissibility of Hearsay in Workers’ Compensation Cases Around the Horn: Admissibility of Hearsay in Workers’ Compensation CasesAcknowledging that in most cases in Utah, an injured worker who is capable of returning to work full-time cannot be considered to have sustained permanent total disability, a state appellate...
Utah Worker Found to Have Sustained PTD In Spite of His Return to Work Utah Worker Found to Have Sustained PTD In Spite of His Return to Work
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