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What Should the Tort Jury Know About Comp Benefits Already Received?

What Should the Tort Jury Know About Comp Benefits Already Received? What Should the Tort Jury Know About Comp Benefits Already Received?
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Jan 6, 2025

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim

In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 Claim
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Jan 6, 2025

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence

In Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence
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Dec 31, 2024

Oregon Jaywalker Might Be Awarded Benefits

Appeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...

Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded Benefits
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Dec 30, 2024

NC Court of Appeals Reverses $28.9 Million Tort Judgment

Insurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...

NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort Judgment
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May 21, 2024

Issue Commentary: “Collision” Between Co-employee Immunity and Employer’s Uninsured Motorist Policy?

Issue Commentary: “Collision” Between Co-employee Immunity and Employer’s Uninsured Motorist Policy? Issue Commentary: “Collision” Between Co-employee Immunity and Employer’s Uninsured Motorist Policy?
Issue commentary
May 20, 2024

Issue Commentary: Employment Status is Easy as Falling Off a Horse?

Issue Commentary: Employment Status is Easy as Falling Off a Horse? Issue Commentary: Employment Status is Easy as Falling Off a Horse?
Issue commentary
May 17, 2024

NY Court of Appeals Says Hospital Shooting Arose Out of Employment

NY Court of Appeals Says Hospital Shooting Arose Out of Employment NY Court of Appeals Says Hospital Shooting Arose Out of Employment
Case comment
May 14, 2024

Iowa Staffing Worker Might Not Be Employee of Borrowing Employer

Iowa Staffing Worker Might Not Be Employee of Borrowing Employer Iowa Staffing Worker Might Not Be Employee of Borrowing Employer
Case comment
May 14, 2024

Iowa High Court Clarifies Second Injury Fund Liability

Iowa High Court Clarifies Second Injury Fund Liability Iowa High Court Clarifies Second Injury Fund Liability
Case comment
May 9, 2024

Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim

Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim Divided W. Va. Supreme Court Affirms Denial of Parkinson’s Disease Claim
Case comment
May 9, 2024

Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband

Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband Florida Court Reverses Award of Attendant Care Award to Claimant’s Husband
Case comment
May 7, 2024

Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease

Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease Colorado Joins Nebraska in Finding COVID-19 May Be Occupational Disease
Case comment
May 3, 2024

TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co.

TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co. TN: Tool Company Sales Rep is Statutory Employee of Tractor Supply Co.
Case comment
Apr 30, 2024

Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold

Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold Issue Commentary: Florida Court Holds Employer May Not Blow Hot and Cold
Issue commentary
Apr 24, 2024

Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease

Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease
Case comment
Apr 22, 2024

NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer

NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer NC Court Nixes Third-Party Complaint Filed Against Injured Worker’s Employer
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New Comments

  • 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
  • Thomas A. Robinson: Good point, although the interesting thing about the case--at least to me--is that it discusses the important "injury by accident" issue. That issue, present in at least a plurality of state acts, is largely ignored by Commissions, Boards, and Courts these days. Here, also, the case was so fact-specific that even it had been issued as published, it would be factually distinguishable from many othe...
  • kathlyn gorman: It should have been noted in your discussion that this is an unpublished opinion of the North Carolina Court of Appeals. Thus, it does not constitute controlling legal authority.
  • Thomas A. Robinson: You're correct. Ordinarily, I can depend upon Alabama to provide me with at least one case for "the List." I'll bet 2022 will unearth something bizarre from the Great State of Alabama. Take care.