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Sep 29, 2026

Alcohol Falls Outside KY’s Presumption of Causation

KY Supreme Court Holds the Statutory Presumption Against Recovery for Intoxicating Substances Does Not Apply to Alcohol The Kentucky Supreme Court has affirmed benefits for a traffic flagger who was...

Alcohol Falls Outside KY’s Presumption of Causation Alcohol Falls Outside KY’s Presumption of Causation
Sep 28, 2026

The Heart Has Wiring, Too

FL First DCA Holds Harlem’s Narrow “Heart Disease” Definition Does Not Bar a Firefighter’s Arrhythmia Claim Under the Heart-Lung Presumption Florida’s First District Court of Appeal has affirmed an award...

The Heart Has Wiring, Too The Heart Has Wiring, Too
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...

“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under New
Sep 22, 2026

Whose Work Was Being Done?

Federal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...

Whose Work Was Being Done? Whose Work Was Being Done?

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Feb 24, 2026

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?

PA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?
Feb 19, 2026

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated

Arkansas Court Reverses Commission and Applies Increased-Risk Analysis A ranch hand who developed alpha-gal syndrome (AGS), a tick-borne allergy, after years of outdoor work in tick-infested conditions has had his...

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated
Feb 17, 2026

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?

Can a nurse practitioner’s opinion constitute the “competent medical evidence” required under New York law to establish causal relationship in a workers’ compensation case? The answer is “Yes,”at least according...

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It? A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?
Feb 13, 2026

WCRI’s New Data on Joint Replacement: A Shifting Landscape

In January 2026, the Workers Compensation Research Institute (WCRI) released a comprehensive study tracking joint replacement surgeries across 32 states over seven years, and the findings reveal both concerning trends...

WCRI’s New Data on Joint Replacement: A Shifting Landscape WCRI’s New Data on Joint Replacement: A Shifting Landscape
Feb 12, 2026

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence

Yesterday, the Appellate Division, Third Department affirmed a Workers’ Compensation Board decision establishing a claim for workers’ compensation death benefits, finding that a truck driver’s death from COVID-19 was causally...

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence
Feb 9, 2026

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling

In a 6–2 decision, the Oklahoma Supreme Court held that the state’s Administrative Workers’ Compensation Act does not limit a claimant to a single change of treating physician per claim—even...

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling
Feb 7, 2026

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment

Employee Tests at 48 Times the Statutory Limit In Del. Rosario v. Fresh Mark Inc., 2026-Ohio-274, 2026 Ohio App. LEXIS 282 (Ct. App. 5th Dist. Jan. 29, 2026), an Ohio...

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment
Jan 26, 2026

Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause

Oregon Holds Immunity for State Employees Violates Constitution When Applied to Workers’ Compensation Recipients In a 5-2 decision, the Oregon Supreme Court has handed down a significant opinion addressing the...

Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause
Jan 22, 2026

AZ Court: Personal Firearm Injury Did Not Arise Out of Employment

Yesterday, in Goins v. Industrial Commission of Arizona, 2026 Ariz. App. LEXIS 16 (Div. 1, Jan. 21, 2026), an Arizona appellate court affirmed denial of workers' compensation benefits to an...

AZ Court: Personal Firearm Injury Did Not Arise Out of Employment AZ Court: Personal Firearm Injury Did Not Arise Out of Employment
Jan 20, 2026

Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim

In Chandler v. United States, 2026 U.S. Dist. LEXIS 6568 (D. Colo. Jan. 13, 2026), the United States District Court for the District of Colorado dismissed an inmate’s Federal Tort...

Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim
Jan 16, 2026

CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits

In Mendoza v. Board of Retirement of the Ventura County Employees’ Retirement Assn., 2025 Cal. App. LEXIS 865 (2d Dist. Dec. 3, 2025), a California appellate court affirmed denial of...

CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits
Jan 14, 2026

NY Court Affirms Claim Abatement After Claimant’s Death

Board Exercised Discretion When Death Prevented IME and Cross-Examination on Psychiatric Injuries In Matter of Brady v. Town of Warwick, 2025 N.Y. App. Div. LEXIS 7401 (3d Dept. Dec. 31,...

NY Court Affirms Claim Abatement After Claimant’s Death NY Court Affirms Claim Abatement After Claimant’s Death

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