Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...
Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation ImmunityNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeRecent clinical trials have demonstrated that cannabis-derived medications may be safer and more effective than opioids for treating chronic lower back pain—a finding with significant implications for workers’ compensation systems...
Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation Cannabis-Derived Medications for Chronic Back Pain: Implications for Workers’ Compensation251008 NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case The North Carolina Court of Appeals has rejected an employer’s argument that a nurse’s voluntary participation in pepper-spray...
NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training CaseThe Mississippi Court of Appeals recently affirmed summary judgment favoring a school district, holding that a cafeteria worker placed at an elementary school by a staffing agency was the district’s...
MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee” MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee”An Illinois appellate court has affirmed a nearly $5.8 million judgment in a negligence action filed by the widow of a restaurant employee who died from anaphylactic shock after eating...
IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock Case IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock CaseIn Teitelman v. SAIF Corp. (In re Compensation of Cardoza), 2025 Ore. LEXIS 626 (Sept. 25, 2025), the Oregon Supreme Court held that injured workers are entitled to request their...
OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend DenialIn Mercado v. Hyannis Air Service, Inc., 2025 U.S. App. LEXIS 24455 (1st Cir. Sept. 22, 2025), the First Circuit vacated a district court’s grant of summary judgment in a...
First Circuit Reverses Summary Judgment in Puerto Rico Retaliation Case First Circuit Reverses Summary Judgment in Puerto Rico Retaliation CaseA New York appellate court has reversed a Workers’ Compensation Board decision that classified an injured construction worker as an employee, holding that the Board failed to apply the statutory...
NY Court Reverses Employment Classification Decision in Construction Injury Case NY Court Reverses Employment Classification Decision in Construction Injury CaseThe Ohio Supreme Court has upheld additional workers’ compensation benefits for a roofer injured in a fall, holding that merely transporting safety equipment to a jobsite does not satisfy fall-protection...
Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through Skylight Ohio Supreme Court Affirms VSSR Award for Roofer’s Fall Through SkylightThe Kentucky Supreme Court has ruled that the state’s Official Disability Guidelines (ODG) can be applied retroactively to deny workers’ compensation coverage for treatments that were previously deemed compensable for...
Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid Coverage Kentucky High Court Upholds Use of Disability Guidelines to Deny Long-Term Opioid CoverageThe Georgia Court of Appeals has ruled that workers’ compensation settlements cannot generally bar separate tort claims when the parties expressly preserve those rights in writing. In Pierre v. MICRO-JA/X,...
GA Court Preserves Tort Rights Despite Workers’ Comp Settlement GA Court Preserves Tort Rights Despite Workers’ Comp SettlementThe Mississippi Supreme Court, stressing the derivative nature of wrongful death actions, held that because a school resource officer for a county school district would have been barred—on exclusive remedy...
The Derivative Nature of Wrongful Death Claims Proves Decisive The Derivative Nature of Wrongful Death Claims Proves DecisiveThe Pennsylvania Commonwealth Court addressed a critical procedural question for the state’s Uninsured Employers Guaranty Fund in Uninsured Employers Guaranty Fund v. Aguilar, 2025 Pa. Commw. LEXIS 162 (Sept. 9,...
PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation Claims PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation Claims
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