Driscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayDriscoll Agrees with the Larson Standard, Then Affirms Without Needing It The Iowa Court of Appeals has affirmed the denial of workers’ compensation benefits to a city employee who developed...
Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another Day Issue Commentary: Iowa Looks at Vaccine‑Injury Compensability—and Leaves the Real Question for Another DayIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementAn Ohio appellate court has refused to require a claimant seeking PTD benefits to deliver a signed, unlimited medical release to the employer [State ex rel. Costco Wholesale Corp. v....
Ohio Employer Not Entitled to Unlimited Medical Release Ohio Employer Not Entitled to Unlimited Medical ReleaseIn a second recent case construing the effects of Kan. Stat. Ann. § 44-523(f)(1), which, according to the first such case, Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19,...
Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies Retroactively Kansas High Court Says Amendment to “Failure to Move Forward” Statute Applies RetroactivelyDivided Kansas Supreme Court Argues Over Workers’ Comp Act’s “Failure to Move Forward” Statute In a divided decision, the Supreme Court of Kansas held that Kan. Stat. Ann. § 44-523(f)(1)...
What’s In A Comma? What’s In A Comma?A commercial truck driver, who sustained injuries during an unpaid pre-employment drive test that consisted of an actual delivery for the prospective employer, was not a “worker,” as that term...
Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker” Oregon Supreme Court: Minimum Wage Law May Not Be Used to Determine Claimant’s Status as “Worker”Court Says Board Mischaracterized Videotape Surveillance Evidence A New York appellate court reversed a decision by the state’s Workers’ Compensation Board that disqualified a claimant from receiving future wage replacement...
NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits NY Court Reverses Board’s Decision to Disqualify Claimant From Future Benefits45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...
Missouri Court Affirms Award for Fall in Employer’s Parking Garage Missouri Court Affirms Award for Fall in Employer’s Parking GarageLien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased...
Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child SupportAn Ohio appellate court erred when, in trying to determine if a claimant was part of the active workforce, it turned to an article describing how the United States Department...
Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of Workforce Ohio Supreme Court Says Federal Employment Standards May Not Be Used to Determine if Claimant Was Part of WorkforceCase Sent Back to Board for Determination Consistent With its Holding In a case of first impression, the Supreme Court of Kansas, affirming a decision of the state’s Court of...
Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not SynonymsDIME Physician’s Opinions as to the Cause of Engineer’s Narcolepsy Not Afforded Special Deference By virtue of a special Colorado statute [Colo. Rev. Stat. § 8-42-107(8)(b)(III)], a division-sponsored independent medical...
Colorado DIME Physician's Opinion Not Always Given Presumptive Deference Colorado DIME Physician's Opinion Not Always Given Presumptive DeferenceIn a case of first impression, the Supreme Court of Rhode Island held that “benefits” received under the state’s “work-sharing” program [see R.I. Gen. Laws § 28-44-69] are not to...
Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWWDeputy Was on Cell Phone Exchanging Shift-Change Information at Time of Crash A deputy sheriff’s death in an automobile accident did not arise out of and in the course of...
Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable
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