In a case of apparent first impression, the Florida Fifth District Court of Appeal has held that employees may not unilaterally declare workplace injuries non-compensable under workers’ compensation law and...
Florida Court Reinforces Exclusivity Doctrine and Procedural Requirements Florida Court Reinforces Exclusivity Doctrine and Procedural RequirementsMight Awards for the Common Cold or Flu be Next? In Foster v. Primecare Med. of W. Va., Inc., 2025 W. Va. LEXIS 187 (W. Va. May 27, 2025), a...
W. Va. Supreme Court Reinstates COVID-19 Award for Nurse W. Va. Supreme Court Reinstates COVID-19 Award for NurseIn a major shift that reopens the door for occupational disease claims, the Washington Supreme Court has overruled its 2014 decision in Walston v. Boeing Co., 181 Wn.2d 391, 334 P.3d 519...
WA Supreme Court Overturns Decade-Old Precedent: Reopens Door for Asbestos Claims WA Supreme Court Overturns Decade-Old Precedent: Reopens Door for Asbestos ClaimsIn an important decision construing the Iowa doctrine that allows gross negligence and fraudulent misrepresentation tort claims against co-employees, the Iowa Supreme Court has revived claims against Tyson Foods executives...
Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson Executives Iowa High Court Says Gross Negligence/Fraud Claims Can Go Forward Against Tyson ExecutivesExclusivity Does Not Shield Corporate Officers/Property Owners From Liability as Landlords In Nelson v. Smith, 2025 N.C. App. LEXIS 306 (May 21, 2025), the North Carolina Court of Appeals reversed...
When the Boss Wears Two Hats When the Boss Wears Two HatsIn a fresh decision that further solidifies Kentucky’s robust up-the-ladder immunity doctrine, a federal district court has dismissed a negligence action filed by a food supplier’s delivery driver against a...
Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity Rule Food Delivery Driver’s Tort Claim Against Pizzeria Barred by KY’s Up-the-Ladder Immunity RuleIn Ladner v. Hinton Homes LLC, 2025 Miss. App. LEXIS 171 (Miss. Ct. App. May 6, 2025), the Mississippi Court of Appeals affirmed the denial of workers’ compensation benefits to...
MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall Case MS Court of Appeals Applies Intoxication Presumption in Rooftop Fall CaseIn a decision released earlier this week, the Commonwealth Court of Pennsylvania drew a firm jurisdictional line in a billing dispute that grew out of a utilization review determination. In...
Pennsylvania Pharmacy May Not be Joined as Party in Comp Case Pennsylvania Pharmacy May Not be Joined as Party in Comp CaseFavorable Ruling by NY High Court Cannot Support Employer’s Reopening Request In Matter of Coyle v. W & W Steel Erectors LLC, 2025 N.Y. App. Div. LEXIS 2889 (3d Dept....
Final Means Final—Even When the Law Changes Final Means Final—Even When the Law ChangesConstruing an exception to New York’s cap on permanent partial disability (PPD) benefits [see N.Y. Workers’ Comp. Law, § 35(3)], which allows—in certain situations—reclassification of the claimant’s disability to permanent...
NY Court Clarifies When Financial Hardship Justifies Total Disability NY Court Clarifies When Financial Hardship Justifies Total DisabilityIn a decision reemphasizing the boundaries of compensability for commuting injuries, the California Court of Appeal (Third Appellate District) has annulled a WCAB award awarding workers’ compensation benefits to a...
California Court Reverses WCAB’s Award for Carpool Injuries Sustained During Commute California Court Reverses WCAB’s Award for Carpool Injuries Sustained During CommuteIn a decision underscoring the rigid statutory structure governing death benefits in workers’ compensation law, the Arkansas Court of Appeals recently affirmed the denial of benefits to the parents of...
Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement Arkansas Court Enforces Strict Dependency Hierarchy Despite Estrangement