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 SettlementA Colorado appellate court recently held that a workers’ compensation claimant may not be placed at the point of maximum medical improvement (MMI) where neither the claimant’s treating physician nor...
Colorado ALJ May Not Find MMI Without Appropriate Expert Medical Opinion Colorado ALJ May Not Find MMI Without Appropriate Expert Medical OpinionOpinion Raises as Many Questions as It Answers Last Thursday (March 7), the Supreme Court of New Hampshire handed down a decision that reversed, in pertinent part, a state Appeals...
NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort of NH High Court Issues Ruling on Medical Marijuana for Injured Worker—Sort ofAn Ohio appellate court recently held that the state’s Industrial Commission did not err when it suspended the claim of an injured worker based on his refusal to undergo psychological...
Ohio Worker’s Claim Suspended After Refusal to Undergo Psychological Testing Ohio Worker’s Claim Suspended After Refusal to Undergo Psychological TestingA Delaware appellate court affirmed a finding by the state’s Industrial Accident Board that pursuant to the Workers’ Compensation Act, an injured worker was not entitled to reimbursement for tolls...
Injured Delaware Worker May Not Recover Toll and Parking Charges Associated with Traveling to Medical Appointments Injured Delaware Worker May Not Recover Toll and Parking Charges Associated with Traveling to Medical AppointmentsAppeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was...
Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not CompensableIn a split decision, the Supreme Court of Minnesota held that an employee, who sustained a work-related injury and who was receiving workers’ compensation benefits, may proceed against his employer...
Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy Rule Claim Under Minnesota’s Human Rights Act Not Barred by Exclusive Remedy RuleIn New York, where an injured employee dies without leaving a surviving spouse, child under 18 years old or dependent, only that portion of the employee's schedule loss of use...
NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use Award NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use AwardConstruing Kentucky’s “up-the-ladder” statutory employer framework, a state appellate court recently reiterated that workers' compensation immunity is extended to contractors—those who contract with another to have work performed of a...
“Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky “Regular” or “Recurrent” is Key to Statutory Employer Issue in Kentucky$14 Million Verdict Stands, Worker’s Duties, Although “Essential,” Were Not Part of Defendant’s Business In a South Carolina wrongful death action, the state’s Court of Appeals recently affirmed a trial...
SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of Manufacturer SC Court Affirms Finding That Maintenance Worker Was Not Statutory Employee of ManufacturerReverses Lower Court That Disallowed TD Benefits Since Firefighter Had No Lost Wages Earlier today, reversing a late 2017 decision of the state’s Appellate Division [see my earlier discussion of...
NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability Benefits NJ Supreme Court Says Unemployed Volunteer Firefighter Deserves Temporary Disability BenefitsRules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleTennessee Employer Does Enjoy Lien for Disability Indemnity & Medical Expenses In a case of first impression, a Tennessee appellate court recently held that an employer does not enjoy a...
Nurse Case Management Fees Not Part of Employer’s Subrogation Lien Nurse Case Management Fees Not Part of Employer’s Subrogation Lien
New Comments