Small contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...
Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold CaseIn Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering BenefitsIn Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageAn employee, who sustained a shoulder injury as she reached out of her car window to scan her parking pass at a parking garage near her place of employment, did...
NY Employee’s Shoulder Injury While Scanning Parking Pass Not Compensable NY Employee’s Shoulder Injury While Scanning Parking Pass Not CompensableI am pleased to announce the recent publication of my new book entitled, Questions of Faith: Encountering Christ at the Point of Doubt and Confusion [Mazarin Press, Raleigh, NC; additional...
I’ve Written a New Book from the “Other Side” of my Life I’ve Written a New Book from the “Other Side” of my LifeA housekeeping employee at a Las Vegas casino, who suffered a stroke just prior to the beginning of his work shift, and who contended his medical condition was exacerbated when...
Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by Exclusivity Nevada Casino Employee’s Tort Action Against Employer for Delaying Stroke Treatment is Barred by ExclusivityIf It Weren’t For Bad Luck, She’d Have No Luck at All An Oklahoma workers’ compensation claimant is entitled to additional benefits following a bizarre incident in which she sustained...
Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical Facility Oklahoma Claimant Awarded Additional Benefits After Freak Accident at Medical FacilityWhile a workers’ compensation insurer generally enjoys the same sort of immunity from tort liability afforded the employer [see Larson’s Workers’ Compensation Law, § 100.01], there are limits to that...
NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move Forward NC Worker’s Tort Claim Against Insurer for Malicious Prosecution May Move ForwardMisclassification of Workers is not Recognized as independent Tort A Maryland cab driver, who sustained injuries in a work-related auto accident, may not maintain a civil action against the cab...
Maryland Cab Driver’s “Misclassification” Action Appropriately Dismissed Maryland Cab Driver’s “Misclassification” Action Appropriately DismissedJettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions...
Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System? Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?Decision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the...
Kansas Court Strikes Down Use of AMA Guides 6th Ed. Kansas Court Strikes Down Use of AMA Guides 6th Ed.In a case with a bizarre fact pattern, an Alabama appellate court affirmed an award of workers’ compensation death benefits to the surviving spouse of an accountant who was stalked...
Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found Compensable Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found CompensableThere are some who point out that LeBron is getting ready to pay the highest taxes in his life (with a $154 million contract, he can afford it), that he...
The Real Reason LeBron is Moving to the Lakers! The Real Reason LeBron is Moving to the Lakers!Conflict with PA’s Protz Decision is Only on the Surface The sections of Oklahoma’s Administrative Workers’ Compensation Act (AWCA) that require use of the “current edition” of the AMA’s Guides...
Oklahoma High Court OKs Use of “Current Edition” of AMA Guides Oklahoma High Court OKs Use of “Current Edition” of AMA GuidesNo Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an...
Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work
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