A recent decision from the Commonwealth Court of Pennsylvania offers important guidance for workers’ compensation practitioners navigating COVID-19 vaccination mandate disputes. The court held that an employee’s well-documented religious and...
PA Court: Good Faith COVID Vaccination Refusal Doesn’t Amount to Wilful Misconduct PA Court: Good Faith COVID Vaccination Refusal Doesn’t Amount to Wilful MisconductThe Louisiana Supreme Court recently clarified the scope of the state’s unique “manual labor exception” to workers’ compensation immunity, holding that the exception does not extend to the employees or...
Louisiana Supreme Court Narrows State’s “Manual Labor Exception” Louisiana Supreme Court Narrows State’s “Manual Labor Exception”In Fox v. Sarasota County School Board, 2025 Fla. App. LEXIS 4851 (Fla. 1st DCA June 25, 2025), the Florida First District Court of Appeal reversed a Judge of Compensation...
Florida JCC Must Approve Fee Stipulation Absent Legitimate Grounds to Invalidate Agreement Florida JCC Must Approve Fee Stipulation Absent Legitimate Grounds to Invalidate AgreementThe New York Appellate Division, Third Department, has resolved an important fee calculation issue for workers’ compensation practitioners. In Matter of Cooper v. New York City Health & Hospital Corp.,...
NY Court: Attorney Fees Must Reflect Actual Claimant Recovery NY Court: Attorney Fees Must Reflect Actual Claimant RecoveryIn a tragic case involving a fatal explosion at a metal processing plant, the North Carolina Court of Appeals reversed a trial court’s refusal to grant summary judgment to the...
NC Court Rejects “Woodson” Claim After Zirconium Explosion Death NC Court Rejects “Woodson” Claim After Zirconium Explosion DeathIn 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 Case