Every 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 CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy ProvisionThe Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CareExclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsTools, Timing, and Termination In Nails v. Market Tire Co., 29 Md. App. 154, 347 A.2d 564 (Md. Ct. Spec. App. 1975), the Maryland Court of Special Appeals addressed a...
Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975) Throwback Thursday: Nails v. Market Tire Co. (Md. Ct. Spec. App. 1975)In a fresh decision that further solidifies Kentucky’s robust up-the-ladder immunity doctrine, a federal district court has dismissed a negligence action filed by a food supplier’s delivery driver against a...
Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity Rule Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity RuleIn Ladner v. Hinton Homes LLC, 2025 Miss. App. LEXIS 171 (Miss. Ct. App. May 6, 2025), the Mississippi Court of Appeals affirmed the denial of workers’ compensation benefits to...
MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall Case MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall CaseLent Employees and the Boundary of the Employment Relationship In the long and sometimes tangled history of American workers’ compensation law, few issues generate more uncertainty—and more litigation—than lent employment....
Throwback Thursday: Kowalski v. Shell Oil Co. (Cal. 1979) Throwback Thursday: Kowalski v. Shell Oil Co. (Cal. 1979)In a decision released earlier this week, the Commonwealth Court of Pennsylvania drew a firm jurisdictional line in a billing dispute that grew out of a utilization review determination. In...
Pennsylvania Pharmacy May Not be Joined as Party in Comp Case Pennsylvania Pharmacy May Not be Joined as Party in Comp CaseFavorable Ruling by NY High Court Cannot Support Employer’s Reopening Request In Matter of Coyle v. W & W Steel Erectors LLC, 2025 N.Y. App. Div. LEXIS 2889 (3d Dept....
Final Means Final—Even When the Law Changes Final Means Final—Even When the Law ChangesImported Quarrels and the Boundaries of Employment Risk In Bridges v. Elite, Inc., 212 S.C. 514, 48 S.E.2d 497 (S.C. 1948), the Supreme Court of South Carolina reversed a decision...
Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948) Throwback Thursday: Bridges v. Elite, Inc. (S.C. 1948)Construing an exception to New York’s cap on permanent partial disability (PPD) benefits [see N.Y. Workers’ Comp. Law, § 35(3)], which allows—in certain situations—reclassification of the claimant’s disability to permanent...
NY Court Clarifies When Financial Hardship Justifies Total Disability NY Court Clarifies When Financial Hardship Justifies Total DisabilityIn a decision reemphasizing the boundaries of compensability for commuting injuries, the California Court of Appeal (Third Appellate District) has annulled a WCAB award awarding workers’ compensation benefits to a...
California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute California Court Reverses WCAB’s Award for Carpool Injuries Sustained During CommuteRefusal of Life-Saving Treatment Within Workers’ Compensation Context In Martin v. Industrial Accident Commission, 147 Cal. App. 2d 137, 304 P.2d 828 (Cal. Ct. App. 1956), the California Court of...
Throwback Thursday: Martin v. Industrial Accident Commission (1956) Throwback Thursday: Martin v. Industrial Accident Commission (1956)In a decision underscoring the rigid statutory structure governing death benefits in workers’ compensation law, the Arkansas Court of Appeals recently affirmed the denial of benefits to the parents of...
Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement
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