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Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

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 Day
Aug 20, 2026

Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day

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 Day
Aug 19, 2026

VA: One Basket, Two Injuries—and Only One Compensable Accident

In *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 Accident
Aug 17, 2026

UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement

In 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 Settlement

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Nov 18, 2019

Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational Rehab

Acknowledging that an employee’s refusal of vocational rehabilitation services can constitute voluntary abandonment of the workforce for disability compensation purposes, an Ohio appellate court held that such a refusal does...

Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational Rehab Ohio Worker Gets PTD Benefits in Spite of Refusing Vocational Rehab
Nov 15, 2019

On-Premises Slip and Fall Not Compensable for Arkansas Worker

Illustrating the narrow rule that Arkansas utilizes to determine if an injury arises out of and in the course of the employment, a state appellate court recently affirmed the denial...

On-Premises Slip and Fall Not Compensable for Arkansas Worker On-Premises Slip and Fall Not Compensable for Arkansas Worker
Nov 14, 2019

Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl

In a decision illustrating the broad latitude given to Missouri’s Labor & Industrial Relations Commission in judging the weight of medical evidence, a panel of a state appellate court recently...

Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl Missouri Worker Fails to Connect Tinnitus to Work-Related Brawl
Nov 12, 2019

Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer

Where a hospital worker, who had arrived at her employer’s facility one hour prior to the time she was supposed to clock in (which was her habit), sustained injuries as...

Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer Hospital Worker’s Injuries Exiting Elevator Cannot Support Tort Suit Against Louisiana Employer
Nov 11, 2019

Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In Tort

Construing the so-called “borrowed employee” doctrine, the Superior Court of Pennsylvania stressed that where a worker employed by one company is furnished by that company to perform work for another...

Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In Tort Pennsylvania Borrowed Employee May Not Sue Borrowing Employer In Tort
Nov 8, 2019

Eight Days Late Results in More than a Dollar Short for Mississippi Claimant

While some jurisdictions show significant flexibility when it comes to time limitations for filing workers’ compensation appeal or review requests, Mississippi appears to be much less forgiving. In Hardy v....

Eight Days Late Results in More than a Dollar Short for Mississippi Claimant Eight Days Late Results in More than a Dollar Short for Mississippi Claimant
Nov 7, 2019

Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within Employment

The mere gratuitous furnishing of transportation by the employer to the employee as an accommodation, and not as an integral part of the contract of employment, does not, by itself,...

Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within Employment Provision of Company Vehicle to Texas Employee Does Not Necessarily Bring Commute Within Employment
Nov 6, 2019

“Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury

That the firing of a worker has some connection to his or her work-related injury is insufficient, in and of itself, to support an award of temporary disability benefits following...

“Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury “Don’t Lift that Box”: Georgia Worker Fired For Insubordination, Not Because of His Injury
Nov 5, 2019

No Carpal Tunnel Recovery for West Virginia Embalmer

Illustrating the broad discretion that the state’s Workers’ Compensation Board of Review has when it comes to making factual determinations—including those regarding medical causation—the Supreme Court of Appeals of West...

No Carpal Tunnel Recovery for West Virginia Embalmer No Carpal Tunnel Recovery for West Virginia Embalmer
Nov 4, 2019

Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting

Where a grocery store employee was shot and killed in an apparent robbery attempt in the parking lot adjacent to the store, but after the employee had ended her work...

Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting Georgia Employee’s Estate May Move Forward With Tort Action Regarding Parking Lot Shooting
Nov 1, 2019

Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy

Workers’ Compensation Exclusion in Policy Does not Apply. Construing West Virginia law, the Fourth Circuit Court of Appeals held that an injured construction worker could proceed to recover damages under...

Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy
Oct 31, 2019

Florida Illegal Immigrant Caught in Catch-22

Court Affirms Denial of Benefits Based on Improper Social Security Number. Signaling how easy it is in Florida to deny workers’ compensation benefits to an injured illegal immigrant, yesterday a...

Florida Illegal Immigrant Caught in Catch-22 Florida Illegal Immigrant Caught in Catch-22

New Comments

  • ramivou: They hid behind a flawed "reading" of this statute for a decade. I am glad the SC finally put an end to the misconception that it was a "first six months only" filing requirement, rather than an ongoing responsibility.
  • trob: Thanks for the query. New York's going and coming doctrine is similar to that in place in the majority of jurisdictions. That is to say that for employees with a fixed place of work and who are on a relatively consistent work schedule, the commute to and from the residence is outside the course and scope of the employment. Often overlooked is the fact that the employee must generally have a fixed ...
  • ramivou: Is coming and going covered in NY?
  • trob: Excellent question. My thought is that the employer was following what it assumed was the typical practice of seeking to protect its "subrogation" interest in state court; in virtually all jurisdictions, the state trial courts are where subrogation issues are litigated. What differed here, of course, was that it wasn't a standard subrogation case, i.e., the employee's work-related injury wasn't ca...
  • ramivou: Why didn't they file it with the state Commission instead?
  • Thomas A. Robinson: I suspect that ACME could seek contractual indemnity, as you note, either from the staffing agency or its carrier. The goal of the Board or agency generally is to see to the proper award of benefits for compensable injuries. Allowing the "aggrieved" parties to sort it out later is completely consistent with the overall theory of workers' compensation. Many thanks for the comment. Best wishes.
  • Barry Stinson: I wonder if Acme's insurer could seek contractural indemnity from Variety's insurer outside of the WC system.
  • Michael C. Duff: The conceptual distinction is between joint causation and presumptive single causation.
  • Thomas A. Robinson: Sorry, I don't/can't provide legal advice. Best wishes, however.
  • Ken Smith: What can I do when my attorney blows my case with an incomplete RB89