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 SettlementIn a decision that could have significant repercussions for a number of claimants under the New York Workers’ Compensation Law, a state appellate court affirmed a decision of the Workers’...
NY’s Medical Treatment Guidelines Apply to Out-of-State Providers Treating Nonresident Claimants NY’s Medical Treatment Guidelines Apply to Out-of-State Providers Treating Nonresident ClaimantsNo Compensation Benefits for Injuries Sustained in Accident A farm worker, who sustained serious injuries in a vehicular accident when he failed to yield the right of way to oncoming...
Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From Employment Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From EmploymentReiterating the important rule in New York, that where the availability of workers’ compensation benefits hinges upon questions of fact or upon mixed questions of fact and law, the parties...
New York: Board—Not the Trial Court—Must Determine if Worker Was Independent Contractor New York: Board—Not the Trial Court—Must Determine if Worker Was Independent ContractorWorkers’ Compensation Emerging Issues Analysis, 2018 Edition For the past six years, I have been pleased to be a primary editor and contributing author of an annual publication, Workers’ Compensation...
The Quiet Before the Storm The Quiet Before the StormInjuries Sustained in Nearby Parking Lot Were Compensable Where an Ohio data entry worker had clocked out for lunch, exited the building, and fell in a nearby parking lot, breaking...
Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for Lunch Ohio’s “Zone of Employment” Rule Protects Worker Who Clocked Out for LunchAgent Scurries to Get Coverage After Workplace Accident Where, following a workplace accident causing injury to an employee, the uninsured employer called its insurance broker regarding the expected workers’ compensation...
Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took Place Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took PlaceDriver’s Failure to Chock Wheels Results in Loss of Comp Benefits A Virginia appellate court recently affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver willfully...
Virginia Court Affirms Commission’s Safety Violation Finding Virginia Court Affirms Commission’s Safety Violation FindingWhile the term, “physician,” as defined by Neb. Workers’ Comp. R. 49(O) (2018), generally includes those practicing osteopathic medicine, chiropractic, podiatry, or dentistry, it does not include a physician assistant,...
Nebraska Physician Assistant May Not Sign Medical Report Nebraska Physician Assistant May Not Sign Medical ReportAs was widely anticipated, on Wednesday (October 24, 2018), Pennsylvania Governor Tom Wolf signed House Bill 1840, known by some as “the Protz fix,” reestablishing that the AMA Guides, 6th...
PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”) PA Governor Wolf Signs House Bill 1840 (i.e., “the Protz Fix”)Independent Contractor/Driver Was Joint Employer Under Iowa Law Construing Iowa law, the Eighth Circuit Court of Appeals recently affirmed a federal district court’s decision granting summary judgment to an independent...
Trainee/Apprentice May Not Sue Independent Contractor/Truck Driver Trainee/Apprentice May Not Sue Independent Contractor/Truck DriverLast Thursday (October 18, 2018), the Pennsylvania legislature sent House Bill 1840, a/k/a “the Protz Fix,” to Governor Wolf’s desk for his signature. Passed by an easy 34-15 margin, the...
Protz “Fix” Awaits PA Governor’s Signature Protz “Fix” Awaits PA Governor’s SignatureReiterating its decision in Kittell v. Vermont Weatherboard, Inc., 138 Vt. 439, 417 A.2d 926 (1980) (per curiam), in which the Supreme Court of Vermont held that nothing short of...
Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury Cases Vermont High Court Again Refuses to Utilize “Substantial Certainty” Exception for Intentional Injury Cases
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