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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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Apr 15, 2019

Kansas Supreme Court Reiterates: “Idiopathic” and “Unknown” Are Not Synonyms

Case 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 Synonyms
Apr 15, 2019

Colorado DIME Physician's Opinion Not Always Given Presumptive Deference

DIME 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 Deference
Apr 12, 2019

Rhode Island’s “Work-Sharing” Benefits Not Used in Computing AWW

In 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 AWW
Apr 11, 2019

Nebraska Deputy’s Fatal Injuries in Auto Accident Not Compensable

Deputy 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
Apr 10, 2019

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement

Landlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement
Apr 9, 2019

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional

A Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six...

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional
Apr 8, 2019

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk...

No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog
Apr 4, 2019

Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation

Is This a Different Tack to Allow Employers to “Opt-Out” of Compulsory Coverage? Two days ago (April 2, 2019), Arkansas state senator Stanley Jason Rapert (Republican-35th District) introduced a bill...

Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation Here We Go Again: Arkansas Bill Would Establish ERISA-Based “Alternative” System for Workers’ Compensation
Mar 28, 2019

Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act

The administrator of the estate of an Illinois employee killed in a work-related vehicular accident may not utilize the state’s “One Day Rest in Seven Act” (“ODRA”)[820 Ill. Comp. Stat....

Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act Plaintiff May Not Use Illinois’ “One Day in Rest Act” to Subvert Exclusive Remedy of State’s Workers’ Compensation Act
Mar 28, 2019

7th Circuit Certifies Important Exemption Question to Illinois Supreme Court

May Unpaid Healthcare Providers Reach Workers’ Compensation Claim Settlement? The U.S. Court of Appeals for the Seventh Circuit recently certified to the Illinois Supreme Court an important question regarding the...

7th Circuit Certifies Important Exemption Question to Illinois Supreme Court 7th Circuit Certifies Important Exemption Question to Illinois Supreme Court
Mar 27, 2019

Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim

Lip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes...

Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim
Mar 25, 2019

Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim

Arizona’s one-year filing requirement [see Ariz. Rev. Stat. § 23-1061(A)] is an affirmative defense and the employer or carrier bears the burden of production of evidence to support that defense,...

Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim

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