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 ClockThe New York Appellate Division, Third Department, recently affirmed the state Workers’ Compensation Board’s decision to disallow a claim for hearing loss based on improper ex parte communications between the...
NY Attorney’s Ex Parte Communication with MD Sinks Claim NY Attorney’s Ex Parte Communication with MD Sinks ClaimIn a 4–3 decision, the North Carolina Supreme Court reversed the Court of Appeals and held that a construction company did not jointly employ an off-duty deputy sheriff injured while...
NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided DecisionProbationary Status and Multiple Witnesses Defeat Pretext Claim An Ohio appellate court has affirmed summary judgment for an employer in a workers’ compensation retaliation case where timing alone could not...
Ohio Court Affirms Summary Judgment in Retaliation Case Ohio Court Affirms Summary Judgment in Retaliation CaseYesterday, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision affirming denial of benefits to a police officer who developed disabling PTSD following a November 2020 incident in...
PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death StruggleThe Delaware Supreme Court recently affirmed a decision applying the recurrence versus aggravation framework in a case with an unusual result: because the claimant had commuted his earlier workers’ compensation...
DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation DE Supreme Court: Recurrence Finding Bars Coverage Following CommutationGeorgia Court Applies Exclusive Remedy to Customer Assault Claim The Georgia Court of Appeals recently addressed an unsettling scenario: a cashier who alleged she was stabbed by a disgruntled drive-through...
When Customer Confrontations Turn Violent, Workers’ Comp May Still Control When Customer Confrontations Turn Violent, Workers’ Comp May Still ControlOn November 24, 2025, the New York Court of Appeals issued two decisions that clarify the standards governing workers’ compensation claims arising from COVID-19. In Matter of McLaurin v. New...
NY Court of Appeals Issues Two Major COVID-19 Decisions NY Court of Appeals Issues Two Major COVID-19 DecisionsSkala v. Comfort Systems USA, Inc., 2025 Ark. 183, 2025 Ark. LEXIS 144 (Nov. 20, 2025), is one of those cases where the doctrinal lines between two distinct bodies of...
Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation AnalogiesNew York’s Appellate Division, Third Department, has again emphasized an important constraint on the Workers’ Compensation Board’s fact-finding prerogative: while the Board may weigh competing medical opinions, it may not...
NY Court Reaffirms Limits on Board’s Authority to Reject Uncontroverted Medical Testimony NY Court Reaffirms Limits on Board’s Authority to Reject Uncontroverted Medical TestimonyThe Idaho Supreme Court recently affirmed denial of workers’ compensation death benefits to the widow of a county road equipment operator who died from COVID-19 complications in October 2021, holding...
Idaho High Court Affirms Denial of COVID-19 Death Benefits Claim Idaho High Court Affirms Denial of COVID-19 Death Benefits ClaimIn an unpublished decision, the Washington Court of Appeals has affirmed that the Department of Labor and Industries is not required to account for a claimant’s attorney fees when calculating...
Washington Court Rejects Attempt to Reduce Social Security Offset Based on Attorney Fees Washington Court Rejects Attempt to Reduce Social Security Offset Based on Attorney FeesThe Nevada Supreme Court has affirmed the denial of workers’ compensation benefits to a correctional officer who contracted COVID-19 from a coworker, holding that Nevada’s special occupational lung disease statute...
NV Supreme Court: Special Occupational Lung Disease Statute Does Not Cover COVID-19 Claims NV Supreme Court: Special Occupational Lung Disease Statute Does Not Cover COVID-19 Claims
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