Category: Case comment

Mar 5, 2026

Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage

In 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 Coverage
Mar 3, 2026

Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision

In 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 Provision
Feb 26, 2026

Florida Court: IME Report Is Not a “Prescription” for Attendant Care

The 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 Care
Feb 17, 2026

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?

Can a nurse practitioner’s opinion constitute the “competent medical evidence” required under New York law to establish causal relationship in a workers’ compensation case? The answer is “Yes,”at least according...

A NY Nurse Practitioner’s Opinion Carries the Day—But Should It? A NY Nurse Practitioner’s Opinion Carries the Day—But Should It?
Feb 12, 2026

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence

Yesterday, the Appellate Division, Third Department affirmed a Workers’ Compensation Board decision establishing a claim for workers’ compensation death benefits, finding that a truck driver’s death from COVID-19 was causally...

NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence NY Court Affirms COVID-19 Death Benefits Award Based on Workplace Prevalence
Feb 9, 2026

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling

In a 6–2 decision, the Oklahoma Supreme Court held that the state’s Administrative Workers’ Compensation Act does not limit a claimant to a single change of treating physician per claim—even...

Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling Oklahoma High Court: “One Physician Change” is a Floor, Not a Ceiling
Feb 7, 2026

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment

Employee Tests at 48 Times the Statutory Limit In Del. Rosario v. Fresh Mark Inc., 2026-Ohio-274, 2026 Ohio App. LEXIS 282 (Ct. App. 5th Dist. Jan. 29, 2026), an Ohio...

Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment Ohio Court Affirms Denial of Benefits Based on Marijuana Impairment
Jan 22, 2026

AZ Court: Personal Firearm Injury Did Not Arise Out of Employment

Yesterday, in Goins v. Industrial Commission of Arizona, 2026 Ariz. App. LEXIS 16 (Div. 1, Jan. 21, 2026), an Arizona appellate court affirmed denial of workers' compensation benefits to an...

AZ Court: Personal Firearm Injury Did Not Arise Out of Employment AZ Court: Personal Firearm Injury Did Not Arise Out of Employment
Jan 20, 2026

Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim

In Chandler v. United States, 2026 U.S. Dist. LEXIS 6568 (D. Colo. Jan. 13, 2026), the United States District Court for the District of Colorado dismissed an inmate’s Federal Tort...

Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim Federal Inmate Injured in Prison Dog Training Program Cannot Pursue FTCA Claim
Jan 16, 2026

CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits

In Mendoza v. Board of Retirement of the Ventura County Employees’ Retirement Assn., 2025 Cal. App. LEXIS 865 (2d Dist. Dec. 3, 2025), a California appellate court affirmed denial of...

CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits CA Deputy Surgery Refusal Results in Disqualification from Disability Retirement Benefits
Jan 14, 2026

NY Court Affirms Claim Abatement After Claimant’s Death

Board Exercised Discretion When Death Prevented IME and Cross-Examination on Psychiatric Injuries In Matter of Brady v. Town of Warwick, 2025 N.Y. App. Div. LEXIS 7401 (3d Dept. Dec. 31,...

NY Court Affirms Claim Abatement After Claimant’s Death NY Court Affirms Claim Abatement After Claimant’s Death
Jan 12, 2026

Failure to Secure Comp Insurance Proves Costly for TN Company

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 Company