In Diaz Arriola v. Coleman, 2025 Ga. App. LEXIS 161 (Apr. 24, 2025), the Georgia Court of Appeals affirmed the dismissal of an injured employee’s assigned negligence and breach of...
Georgia Court Blocks Assigned Negligence Claim Over Lapsed Workers’ Compensation Coverage Georgia Court Blocks Assigned Negligence Claim Over Lapsed Workers’ Compensation CoverageThe Hawai’i Supreme Court recently held that a tenant who performed maintenance work on rental property, in exchange for reduced rent and occasional payment, was an employee—not a volunteer—and accordingly...
Hawaii Supreme Court Clarifies Employee Status in Workers’ Compensation Context Hawaii Supreme Court Clarifies Employee Status in Workers’ Compensation ContextReverses Factual Findings Where Evidence Was in Deposition Form In a split decision, the South Dakota Supreme Court reversed—in relevant part—a Department of Labor determination that had ruled a claimant’s...
SD Supreme Court Weighs Conflicting Medical Evidence SD Supreme Court Weighs Conflicting Medical EvidenceIn a thoughtful and clarifying opinion, the Minnesota Supreme Court has reaffirmed the case-specific nature of the statutory retirement presumption applicable to permanent total disability (PTD) claims under Minn. Stat....
MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption Cases MN High Court Reaffirms Case-Specific Standard in PTD Retirement Presumption CasesIn a ruling that reaffirms Arkansas’ strict interpretation of its “employment services” requirement, the state’s Court of Appeals recently affirmed a Workers’ Compensation Commission decision denying benefits to the family...
Arkansas Court Denies Benefits to Good Samaritan Band Director Arkansas Court Denies Benefits to Good Samaritan Band DirectorIn a decision that further defines the barriers to pursuing civil remedies in workplace injury cases within the Louisiana, a state appellant court recently affirmed summary a trial court judgment...
Louisiana Court Rejects “Borrowed Employee” Theory in Workplace Attack Louisiana Court Rejects “Borrowed Employee” Theory in Workplace AttackIn a decision that underscores the high bar for pursuing civil remedies alongside a workers’ compensation claim, the North Carolina Court of Appeals recently affirmed summary judgment against the estate...
NC Court Rejects Tort Claim for Workplace Fatality NC Court Rejects Tort Claim for Workplace FatalityWhat happens when a claims adjuster clicks the wrong box in the third-party administrator’s software—and it accidentally binds the employer to a workers’ compensation claim? In City of Philadelphia v....
PA Court Upholds Medical-Only Notice of Compensation Payable Issued by Mistake PA Court Upholds Medical-Only Notice of Compensation Payable Issued by MistakeIn a bizarre case that turned on the precise wording of N.Y. Workers' Comp. Law § 10(1), a state appellate court affirmed a Board decision awarding benefits to a claimant...
Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1) Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)Texas Court Applies Motor Carrier Exception to General Contractor Rule A Texas appellate court has affirmed a trial court’s take-nothing judgment in favor of Texas Mutual Insurance Company, concluding that...
Independent Contractor Peace Officer Not Covered by Workers’ Compensation Independent Contractor Peace Officer Not Covered by Workers’ CompensationIn Muse v. Daimler Trucks N. Am., 2025 N.C. App. LEXIS 113 (Mar. 19, 2025), the North Carolina Court of Appeals affirmed the Industrial Commission’s denial of workers’ compensation benefits...
Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp Act Routine Disciplinary Meeting Not a Compensable “Accident” Under NC’ Comp ActIn what I think is an unprecedented decision, the Connecticut Supreme Court has held that a workers’ compensation commissioner may award ongoing temporary partial incapacity benefits even after a claimant...
CT Supreme Court: Temporary Partial Benefits May Continue After MMI CT Supreme Court: Temporary Partial Benefits May Continue After MMI