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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
Sep 24, 2026

“Closed” Under Old Rules, Reprocessed Under New

Oregon 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 New

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Oct 17, 2017

Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality

In a case with bizarre underlying facts, a New York appellate court held a trial court erred in denying an employer’s summary judgment motion in a tort action filed against...

Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality Employer and Co-Employees Not Liable in Tort Following Holiday Party Fatality
Oct 17, 2017

Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee

Where a long-haul truck driver kept one of his employer’s tractor-trailer units at his home because he lived near an interstate highway and the employer’s facility was one hour away...

Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee Kentucky Driver Who Keeps Tractor-Trailer Rig at Home is Traveling Employee
Oct 13, 2017

NY Employer Does Not Always Take Employee as it Finds Him

Apportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule...

NY Employer Does Not Always Take Employee as it Finds Him NY Employer Does Not Always Take Employee as it Finds Him
Oct 12, 2017

Virginia Case Shows “On-the-Job” Injuries May Not be Compensable

The phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation...

Virginia Case Shows “On-the-Job” Injuries May Not be Compensable Virginia Case Shows “On-the-Job” Injuries May Not be Compensable
Oct 6, 2017

Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...

Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable
Oct 5, 2017

Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation

In Haller v. Champlain College, 2017 VT 86, 2017 Vt. LEXIS 107 (Sept. 29, 2017), a divided Supreme Court of Vermont affirmed a determination by the Commissioner of the state’s Department...

Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation Vermont College’s “Tuition Benefit” Should Be Used in Average Weekly Wage Computation
Oct 4, 2017

Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act

Yesterday (Oct. 3, 2017), in a divided decision, the Supreme Court of Oklahoma struck down Okla. Stat. tit. 85A, § 57 of the Administrative Workers’ Compensation Act (AWCA), which disqualifies...

Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act Another One Bites the Dust: Oklahoma Supreme Court Kills Provision of State’s Workers’ Comp Act
Oct 3, 2017

PA Legislative Bill Would Require Use of 6th Edition of AMA Guides

Yesterday (October 2, 2017), a cadre of 29 Pennsylvania legislators introduced a bill—House Bill 1840—that would require physicians to apply the methodology set forth in “the sixth edition” of the...

PA Legislative Bill Would Require Use of 6th Edition of AMA Guides PA Legislative Bill Would Require Use of 6th Edition of AMA Guides
Sep 19, 2017

Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute

In Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge...

Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute
Sep 7, 2017

2017’s Top 10 Workers’ Compensation Cases

During September of each of the past five years, my colleague, Robin Kobayashi, and I have pulled together a volume entitled, Workers’ Compensation Emerging Issues Analysis. Annually published by LexisNexis®,...

2017’s Top 10 Workers’ Compensation Cases 2017’s Top 10 Workers’ Compensation Cases
Sep 1, 2017

Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint Arbitrators

In a case that highlights some of the bitter infighting going on in Illinois regarding the state’s workers’ compensation system, the Seventh Circuit Court of Appeals affirmed a decision of...

Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint Arbitrators Seventh Circuit Sustains Illinois Governor’s Action in Refusing to Reappoint Arbitrators
Sep 1, 2017

Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule

Saves Hospital $600,000 in Lost Reimbursement Stressing that a rule or regulation adopted by an administrative agency can only be given binding legal effect if the agency complies with the...

Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule

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