Small contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...
Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold CaseIn Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActEvery 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 CoverageHas the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...
Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight MechanicIn a split decision, a Mississippi appellate court reversed an order of the state’s Workers’ Compensation Commission that had granted an employer’s motion to reopen and vacate a prior order...
Death of Mississippi Worker Does Not Negate Settlement Agreement Death of Mississippi Worker Does Not Negate Settlement AgreementAward for Loss of Four Fingers and Thumb Exceeds That of Entire Hand In a divided decision, a New York appellate court affirmed an amended decision of the state’s Workers’...
The Whole is Greater than the Sum of its Parts: Not in New York Amputation Case The Whole is Greater than the Sum of its Parts: Not in New York Amputation CaseWhere the State of Arizona, through its Department of Corrections, had an ongoing duty to insure that inmates received adequate health services and it contracted with an employment services provider...
Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall Injuries Arizona Social Worker Employed At Prison May Not Sue State for Slip and Fall InjuriesWhere the opinion offered by an employee’s medical expert merely disagreed with the medical impairment registry (MIR) physician’s findings, yet did not show how that the MIR physician had used...
Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was Wrong Disagreement Does Not Equal Clear and Convincing Evidence That Tennessee MIR Physician’s Opinion was WrongWhere a New Jersey resident filed an online application for employment with a New York furniture company, received a phone call at his home to arrange an interview at the...
New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the State New Jersey Has Jurisdiction to Hear Claim for Out-of-State Injury Where Employment Contract Completed Within the StateA Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...
Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung PresumptionAs I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017...
Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill Arkansas Opt-Out Scenario—Still No Text in the Introduced BillIn a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...
Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death Tennessee Widow Loses Battle Related to Injured Worker’s Overdose DeathWhile issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07],...
Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation JudgeWhere a highway construction worker, who had completed a strenuous shift of work on a hot summer day, lost consciousness, and fell to the ground in the presence of his...
Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s Injury Employer Not Prejudiced by Lack of Formal Notice When Supervisor Witnessed the Employee’s InjuryWhere a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then...
New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable
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