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Oct 7, 2026

Two Boxes Checked “No”

LA Second Circuit Affirms Forfeiture for False Answers on Pre-Hire Questionnaires About Prior Work Accidents and a Recommended Surgery Louisiana’s Second Circuit Court of Appeal has affirmed a ruling that...

Two Boxes Checked “No” Two Boxes Checked “No”
Oct 5, 2026

Louisiana Court: Paid a Percentage, Still an Employee

LA Fourth Circuit, 3–2, Holds Dump-Truck Driver Paid 25% of Truck Earnings Was an Employee Despite 1099; Dissent Invokes Manifest-Error Review The Louisiana Court of Appeal, Fourth Circuit recently reversed...

Louisiana Court: Paid a Percentage, Still an Employee Louisiana Court: Paid a Percentage, Still an Employee
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

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May 20, 2019

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award

Public assistance benefits paid to participants in a New York work experience program (WEP) are “wages,” as that term is defined in the state’s Workers’ Compensation Law [N.Y. Workers’ Comp....

NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award NY’s Public Assistance Benefits Are Wages for Purposes of Computing Loss of Use Award
May 17, 2019

Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement

A Virginia appellate court, affirming a decision by the state’s Workers’ Compensation Commission, held that a claimant need only prove her accident caused one “sudden mechanical or structural change” to...

Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement Virginia Court Clarifies “Sudden Mechanical or Structural Change” Requirement
May 16, 2019

Oregon Court Says Landlord Employers Are Immune From Tort Liability

An Oregon appellate court, construing a specialized exception to the exclusive remedy provision of the state’s Workers’ Compensation Law, agreed in relevant part with a trial court that the personal...

Oregon Court Says Landlord Employers Are Immune From Tort Liability Oregon Court Says Landlord Employers Are Immune From Tort Liability
May 15, 2019

Ohio Court Takes Broad View of “Arising Out of Employment”

Owner/Employee’s Injuries in Wreck Were Work-Related Despite Fact That Meeting’s Purpose Was Tangential Injuries sustained in an auto accident by the owner/employee of a commercial-vehicle tire changing service as the...

Ohio Court Takes Broad View of “Arising Out of Employment” Ohio Court Takes Broad View of “Arising Out of Employment”
May 14, 2019

Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims

In a signficantly divided (5-2) decision, the Supreme Court of Iowa, answering a question certified to it from the U.S. District Court for the Northern District of Iowa, held that,...

Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims Divided Iowa Supreme Court Says TPAs Are Immune from Common Law Bad Faith Claims
May 10, 2019

Open Court Settlement Stipulation Binds Parties in NY Civil Action

Plaintiffs May Not Back Out Because They Didn’t Account for Workers’ Comp Lien and Medicare Set-Aside An open-court stipulation of settlement in a New York trial court is an independent...

Open Court Settlement Stipulation Binds Parties in NY Civil Action Open Court Settlement Stipulation Binds Parties in NY Civil Action
May 9, 2019

Missouri Court Says Medical “Expert” Need Not be an M.D.

Opinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...

Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.
May 7, 2019

Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute

While Not an “Employee Leasing Company,” It Qualified as “Employer” A Florida appellate court held that a talent payroll services firm, while not an “employee leasing company,” was nevertheless an...

Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute
May 6, 2019

Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional

Last Friday, the Supreme Court of Iowa, affirming a trial court’s earlier decision, held that Iowa Code § 517.5 (2017), which provides immunity to insurance companies and their inspectors from...

Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional Iowa Statute Granting Immunity to Carriers for Faulty Inspections is Constitutional
May 3, 2019

Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDs

The Court of Appeals of Virginia recently affirmed a decision by the state’s Workers’ Compensation Commission that denied a claimant’s petition to change her treating physician where the physician indicated...

Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDs Virginia Court Says Fear of Needles Isn’t Enough to Warrant Change in MDs
May 2, 2019

Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition

Court Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...

Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition
May 1, 2019

Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment

Employee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned...

Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment

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