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 CausationFL 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, TooOregon Court Applies New Claim-Closure Requirements to Case Pending on Judicial Review The Oregon Court of Appeals has held that 2022 amendments limiting retroactive “medically stationary” determinations apply to a...
“Closed” Under Old Rules, Reprocessed Under New “Closed” Under Old Rules, Reprocessed Under NewFederal Court: Gas Producer That Hired Out Well Casing Is Casing Worker’s Statutory Employer Under Pennsylvania Law A federal district court in Pennsylvania has held that a natural gas producer...
Whose Work Was Being Done? Whose Work Was Being Done?The Tennessee Court of Appeals has affirmed a trial court’s holding that a carpenter performing construction work on a farm property was neither a “casual employee” nor a “farm/agricultural laborer”...
Failure to Secure Comp Insurance Proves Costly for TN Company Failure to Secure Comp Insurance Proves Costly for TN CompanyThe Texas Court of Appeals, Seventh District, recently affirmed summary judgment for an employer in a wrongful death action filed by the mother of an employee who suffered fatal injuries...
Texas Court Affirms Summary Judgment in Grain Bin Death Case Texas Court Affirms Summary Judgment in Grain Bin Death CaseThe Idaho Supreme Court has reversed the Idaho Industrial Commission’s denial of benefits in a case involving a recurrent tendon tear, holding that the Commission applied an incorrect causation standard...
Idaho Clarifies Causation for Recurrent Injuries Idaho Clarifies Causation for Recurrent InjuriesThe Tennessee Supreme Court recently held that a retail store chain was not a statutory employer of a product vendor’s injured employee, reversing the state’s Court of Appeals and adopting...
TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp Law TN Supreme Court: Product Vendor Not a “Subcontractor” Under Workers’ Comp LawThe New York Appellate Division, Third Department, recently affirmed the state Workers’ Compensation Board’s decision to disallow a claim for hearing loss based on improper ex parte communications between the...
NY Attorney’s Ex Parte Communication with MD Sinks Claim NY Attorney’s Ex Parte Communication with MD Sinks ClaimIn a 4–3 decision, the North Carolina Supreme Court reversed the Court of Appeals and held that a construction company did not jointly employ an off-duty deputy sheriff injured while...
NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided Decision NC Supreme Court Applies a Demanding Joint Employment Standard in Deeply Divided DecisionProbationary Status and Multiple Witnesses Defeat Pretext Claim An Ohio appellate court has affirmed summary judgment for an employer in a workers’ compensation retaliation case where timing alone could not...
Ohio Court Affirms Summary Judgment in Retaliation Case Ohio Court Affirms Summary Judgment in Retaliation CaseYesterday, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision affirming denial of benefits to a police officer who developed disabling PTSD following a November 2020 incident in...
PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death Struggle PA Court Reverses PTSD Denial for Officer Who Shot Suspect in Life-or-Death StruggleThe Delaware Supreme Court recently affirmed a decision applying the recurrence versus aggravation framework in a case with an unusual result: because the claimant had commuted his earlier workers’ compensation...
DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation DE Supreme Court: Recurrence Finding Bars Coverage Following CommutationGeorgia Court Applies Exclusive Remedy to Customer Assault Claim The Georgia Court of Appeals recently addressed an unsettling scenario: a cashier who alleged she was stabbed by a disgruntled drive-through...
When Customer Confrontations Turn Violent, Workers’ Comp May Still Control When Customer Confrontations Turn Violent, Workers’ Comp May Still ControlOn November 24, 2025, the New York Court of Appeals issued two decisions that clarify the standards governing workers’ compensation claims arising from COVID-19. In Matter of McLaurin v. New...
NY Court of Appeals Issues Two Major COVID-19 Decisions NY Court of Appeals Issues Two Major COVID-19 DecisionsSkala v. Comfort Systems USA, Inc., 2025 Ark. 183, 2025 Ark. LEXIS 144 (Nov. 20, 2025), is one of those cases where the doctrinal lines between two distinct bodies of...
Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies
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