Every 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 ProvisionThe Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CareThe Washington Court of Appeals has rejected a novel attempt to sidestep co-employee immunity under the state’s Industrial Insurance Act, holding that property ownership alone does not establish the “separate...
Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning SupervisorsIn a decision that demonstrates Louisiana’s more liberal approach to the “substantially certain” exception to workers’ compensation exclusivity, the Louisiana First Circuit Court of Appeal reversed a trial court’s dismissal...
Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury CaseIn Wade v. State, 2025 Tenn. LEXIS 283 (Tenn. Workers’ Comp. Panel July 30, 2025), a Tennessee workers’ compensation appeals panel reversed the Claims Commission’s denial of medical benefits, applying...
Tennessee Court Finds Injuries from Medical Travel Compensable Tennessee Court Finds Injuries from Medical Travel CompensableAn employee’s civil action filed against her employer alleging intentional infliction of emotional distress following a workplace dog bite is barred by the exclusive remedy provision of the Connecticut Workers’...
CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort ClaimIn Brown v. Burlington Coat Factory of Texas, Inc., 2025 Mich. App. LEXIS 5524 (Mich. Ct. App. July 11, 2025), the Michigan Court of Appeals reaffirmed the narrow scope of...
Michigan Court Rejects Intentional Tort Claim in Fatal Workplace Shooting Michigan Court Rejects Intentional Tort Claim in Fatal Workplace ShootingThe Minnesota Supreme Court, in a divided decision, has issued a significant decision that potentially expands workers’ compensation coverage for post-traumatic stress disorder (PTSD) claims, particularly those brought by first...
Minnesota Supreme Court Clarifies PTSD Coverage for First Responders Minnesota Supreme Court Clarifies PTSD Coverage for First RespondersIn Buchanan v. Town of East Hartford, 2025 Conn. App. LEXIS 208 (July 15, 2025), the Connecticut Appellate Court, reversing a decision of the state’s Compensation Review Board, reinstated an...
CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation Evidence CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation EvidenceIn Hernandez v. Associated Wholesale Grocers, 2025 Neb. App. LEXIS 374 (Neb. Ct. App. July 1, 2025) (not designated for permanent publication). the Nebraska Court of Appeals affirmed the Workers’...
Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery Nebraska Court Affirms Denial of Benefits for Post-Accident Knee SurgerySurveillance footage doesn’t always tell the whole story—but sometimes it tells just enough. In a recent decision, the Court of Appeals upheld the state Industrial Commission’s denial of workers’ compensation...
Caught on Camera: Surveillance Undermines NC Claimant’s Testimony Caught on Camera: Surveillance Undermines NC Claimant’s TestimonyTwo recent decisions from the New Mexico Supreme Court—Pena v. State, 2025-NMSC-007, 2025 N.M. LEXIS 138 (June 27, 2025), and Hanrahan v. State, 2025-NMSC-008, 2025 N.M. LEXIS 139 (June 27,...
Who Sets the Fee? Two New Mexico Decisions Clarify the State’s Comp Law Who Sets the Fee? Two New Mexico Decisions Clarify the State’s Comp LawIn a case of first impression, a deeply divided (4–3) Maryland Supreme Court recently held that the exclusive remedy provisions of the state’s Workers' Compensation Act bar a wrongful death...
Maryland High Court Bars Wrongful Death Suit Against Employer by Non-Dependent Child Maryland High Court Bars Wrongful Death Suit Against Employer by Non-Dependent ChildA recent decision from the Commonwealth Court of Pennsylvania offers important guidance for workers’ compensation practitioners navigating COVID-19 vaccination mandate disputes. The court held that an employee’s well-documented religious and...
PA Court: Good Faith COVID Vaccination Refusal Doesn’t Amount to Wilful Misconduct PA Court: Good Faith COVID Vaccination Refusal Doesn’t Amount to Wilful Misconduct
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