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 CausationFL 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, TooOregon 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 NewFederal 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?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?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 ReinstatedCan 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?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 LandscapeYesterday, 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 PrevalenceIn 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 CeilingEmployee 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 ImpairmentOregon 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 ClauseYesterday, 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 EmploymentIn 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 ClaimIn 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 BenefitsBoard 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
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