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 ProvisionA New York claimant’s Application for Review was defective where she failed to provide any information in the box for question 13 of the RB-89 form, held a New York...
“Unlucky 13”: Failing to Answer Question on RB-89 Dooms NY Claimant’s Application for Board Review “Unlucky 13”: Failing to Answer Question on RB-89 Dooms NY Claimant’s Application for Board ReviewWhere a Minnesota bus driver, who had been injured in a work-related motor vehicle accident, sought and received chiropractic care from one provider, but the workers’ compensation carrier refused to...
Minnesota: No-Fault Auto Insurer Must Pay Injured Worker’s “Additional” Chiropractic Charges Minnesota: No-Fault Auto Insurer Must Pay Injured Worker’s “Additional” Chiropractic ChargesFaced with a direct conflict between two statutes of limitation, the first [ORS 30.275(9)] indicating that “notwithstanding any other … statute providing a limitation on the commencement of an action,”...
Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of Limitation Oregon Court Resolves Statutory Dilemma Between Conflicting Statutes of LimitationQuoting Larson’s Workers’ Compensation Law, § 21.02, the District of Columbia Court of Appeals vacated a decision of the D.C.’s Compensation Review Board (CRB) that had denied workers’ compensation benefits...
D.C. Subway Manager’s Injuries During Two-Hour Break Found Compensable D.C. Subway Manager’s Injuries During Two-Hour Break Found CompensableYesterday, the Court of Special Appeals of Maryland, in a case of first impression, adopted the three-part test for compensability of injuries to home-based employees described in Larson’s Workers’ Compensation...
Maryland Home-Based Worker’s Fall Outside His Home Might Be Compensable Maryland Home-Based Worker’s Fall Outside His Home Might Be CompensableYesterday, my web administrator migrated the content of “workcompwriter.com” to a new, faster, better server. Alas, in doing so, yesterday’s post regarding the sovereign immunity (or rather, the lack thereof)...
Web Site Maintenance Completed, but with One Hitch Web Site Maintenance Completed, but with One HitchIn an unusual case testing the limits of the sovereign immunity enjoyed by our neighbor to the north, a divided First Circuit Court of Appeals reversed a decision by a...
Office Worker Employed by Canadian Consulate May Proceed in Tort Against Employer for Work-Related Injuries Office Worker Employed by Canadian Consulate May Proceed in Tort Against Employer for Work-Related InjuriesA Georgia appellate court, reversing a decision of a state Superior Court, held that substantial evidence supported a finding by the State Board of Workers’ Compensation that a restaurant manager’s...
Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable Georgia Restaurant Manager’s Gunshot Wound at Home During Attempted Robbery Was Compensable“Substantially Certain” Doctrine Stays, in Spite of Specific Language to the Contrary In a deeply divided decision, with three justices concurring specially with the majority’s opinion, and four justices dissenting,...
Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury Deeply Divided Oklahoma Supreme Court “Opts Out” of Legislature’s Definition of “intentional” Injury§ 440.13(9)(c), Fla. Stat., which provides a presumption of correctness to the opinion of an expert medical advisor (“EMA”), is not violative of separation of powers, equal protection, and due...
Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional MusterKy. Rev. Stat. § 342.7305, pursuant to which workers’ compensation claimants suffering hearing loss may not be awarded income benefits unless their whole person impairment rating (“WPI”)—as determined by converting...
Kentucky’s Special Hearing Loss Threshold is Constitutional Kentucky’s Special Hearing Loss Threshold is ConstitutionalIn a decision discussing several employment-related law issues, a New Jersey appellate court held, in relevant part, that a bodily injury claim arising from an employer’s failure to accommodate allegation...
NJ Diabetic Teacher’s Failure to Accommodate Claim Not Barred by Exclusivity NJ Diabetic Teacher’s Failure to Accommodate Claim Not Barred by Exclusivity
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