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 ClockIn Matter of Qureshi v. Rite Aid Corp., 2025 N.Y. App. Div. LEXIS 6383 (3rd Dept. Nov. 13, 2025), a New York appellate court affirmed a decision by the state’s...
NY Claimant’s Social Media Posts Undermine His Misrepresentation Defense NY Claimant’s Social Media Posts Undermine His Misrepresentation DefenseThe Louisiana Court of Appeal, Third Circuit, recently held that a tort plaintiff could rely on a workers’ compensation doctrine—the “special mission” exception to the going-and-coming rule—to establish an employer’s...
Tort Plaintiff Relies on Comp Doctrine to Establish Employer Vicarious Liability Tort Plaintiff Relies on Comp Doctrine to Establish Employer Vicarious LiabilityIn Pinellas County Transit Authority v. Jackson, 2025 Fla. App. LEXIS 8502 (1st DCA Nov. 12, 2025) a Florida appellate court held that the misrepresentation bar under § 440.105, Fla....
FL Court: Misrepresentation Bar Limited to Specific Claim FL Court: Misrepresentation Bar Limited to Specific ClaimThe Alabama Court of Civil Appeals has rejected a constitutional challenge to Alabama’s statutory cap on claimant attorney fees, reaffirming the long-standing 15 per cent limitation in Ala. Code §...
Alabama Court Upholds 15 Percent Attorney Fee Cap in Comp Cases Alabama Court Upholds 15 Percent Attorney Fee Cap in Comp CasesIn ProAssurance Grp. v. Manz, 2025 Del. LEXIS 416 (Del. Nov. 7, 2025), the Delaware Supreme Court recently reaffirmed that workers’ compensation carriers’ subrogation rights against third-party recoveries extend only...
Delaware High Court Reaffirms Limits on Subrogation in UIM Awards Delaware High Court Reaffirms Limits on Subrogation in UIM AwardsUtilizing what it calls the “actual risk” doctrine, the Virginia Court of Appeals recently affirmed a Workers’ Compensation Commission ruling that a camp employee’s dog bite injury arose out of...
Virginia Court Finds Dog Bite Compensable Under “Actual Risk” Doctrine Virginia Court Finds Dog Bite Compensable Under “Actual Risk” DoctrineA school custodian’s limited contact with students passing through hallways while mopping did not constitute the sort of “elevated risk of exposure” necessary to establish a compensable COVID-19 claim, send...
NY: Brief School Hallway Contact Insufficient to Prove COVID-19 Work Exposure NY: Brief School Hallway Contact Insufficient to Prove COVID-19 Work ExposureA workplace injury requiring skin grafting from one body part to repair another doesn’t automatically become an unscheduled whole-body claim, the Iowa Court of Appeals held in Laguerre v. JBS...
Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled Injury Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled InjurySkirts With Allowing Fault-Based Rule to Deny Claim In Estate of Perkins v. North American Stainless, 2025 Ky. LEXIS 221 (Oct. 23, 2025), the Kentucky Supreme Court affirmed the denial...
KY Supreme Court Affirms Denial of Benefits in COVID-19 Case KY Supreme Court Affirms Denial of Benefits in COVID-19 CaseThe Minnesota Supreme Court, adopting language from Larson’s Workers’ Compensation Law, § 20.01 (“Larson”), affirmed that a middle school teacher’s knee injury sustained while playing basketball with students during an...
MN Supreme Court: Teacher’s Injury During Student Basketball Practice Compensable MN Supreme Court: Teacher’s Injury During Student Basketball Practice CompensableRecently, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision denying PTSD benefits to a firefighter, holding that performing CPR on two infants who died within a 16-month...
PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two Infants PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two InfantsThe Delaware Superior Court reversed an Industrial Accident Board decision that denied recurrence benefits for psychological impairment, holding that the Board’s reliance on an orthopedic surgeon’s observations about psychological disorders—while...
Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological Disability Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological Disability
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