Utah Supreme Court Says a Pleaded Notice Defense Dies if the Employer Never Asks the ALJ to Rule on It The Utah Supreme Court has held that an employer waives...
Waiving a Defense You Never Actually Argued Waiving a Defense You Never Actually ArguedIn *Sairafianpour v. Loudoun County Public Schools*, 2026 Va. App. LEXIS 430 (Aug. 11, 2026), the Court of Appeals of Virginia affirmed a Workers’ Compensation Commission decision awarding medical benefits...
VA: One Basket, Two Injuries—and Only One Compensable Accident VA: One Basket, Two Injuries—and Only One Compensable AccidentIn Granite School District v. Young, 2026 UT 29, 2026 Utah LEXIS 113 (Aug. 13, 2026), the Utah Supreme Court affirmed an award of permanent total disability benefits to a...
UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection Settlement UT Supreme Court Affirms PTD Award—and Rejects Employer’s Claim to Employee’s Debt-Collection SettlementNC Court of Appeals Revives Employer’s Subrogation Claim in $450,000 Third‑Party Case The North Carolina Court of Appeals recently vacated a trial court order that extinguished an employer’s workers’ compensation...
NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” Settlement NC: Settlement Conditioned on Resolving Employer’s Lien Isn’t a “Final” SettlementEx-Spouse Entitled to Benefits Despite Remarriage and a 35-Year Gap Before Death The Supreme Judicial Court of Maine has held that a claimant’s eligibility for workers’ compensation death benefits turns...
Maine High Court: Dependency for Death Benefits Locks In at Date of Injury Maine High Court: Dependency for Death Benefits Locks In at Date of InjuryFood-Plant Worker’s Bilateral Hand Injuries Qualify Without Proof of a Job Search The Mississippi Court of Appeals affirmed a Workers’ Compensation Commission award of permanent total disability benefits to a...
MS Clarifies Two Paths to the Presumption of Total Occupational Loss MS Clarifies Two Paths to the Presumption of Total Occupational LossTenth District Distinguishes AutoZone Where Surgery, Not Retirement, Came First The Tenth District Court of Appeals for Franklin County has granted a writ of mandamus ordering the Industrial Commission of...
Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already Disabled Ohio Court: Retirement Doesn’t Sever TTD Eligibility When the Claimant Was Already DisabledAppeals Court Affirms $12,000 Penalty for Licensing Lapse The Texas Court of Appeals for the Fifteenth District affirmed a $12,000 administrative penalty against a chiropractor who continued treating and billing...
Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the License Texas DWC Can Sanction Chiropractor for Expired License Even Though Another Board Controls the LicenseMN Supreme Court Reverses WCCA and Remands Unresolved Issues The Minnesota Supreme Court has held that an employer may rebut the statutory presumption for work-related PTSD through evidence other than...
Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD Presumption Outdated DSM Doesn’t Automatically Sink an Employer’s Rebuttal of the PTSD PresumptionSupervisor’s Authority Over PPE Didn't Make Him a “Vice Principal” The Court of Appeals of Texas, Fourteenth District, affirmed summary judgment for an employer on all of an injured worker’s...
TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged Assault TX Court Affirms Exclusive Remedy Bar Despite Crew Leader’s Alleged AssaultStatute’s Specific Remedy Overrides Rule 37 Discovery Sanctions, Even After Three Failed Medical Exams The Supreme Court of Utah has held that dismissal is not an available sanction for a...
Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IME Utah High Court: Suspension, Not Dismissal, Is the Only Sanction for Obstructing an IMEPA Court Finds a 15-Minute Break’s Brevity Outweighs Its Formality The Commonwealth Court of Pennsylvania recently affirmed an award of workers’ compensation benefits to a pharmacy technician struck by a...
Personal Comfort Doctrine Reaches a Formal, Unpaid Break Personal Comfort Doctrine Reaches a Formal, Unpaid Break