The Pennsylvania Commonwealth Court addressed a critical procedural question for the state’s Uninsured Employers Guaranty Fund in Uninsured Employers Guaranty Fund v. Aguilar, 2025 Pa. Commw. LEXIS 162 (Sept. 9,...
PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation Claims PA Court Clarifies Timing Requirements for Out-of-State Workers’ Compensation ClaimsThe Oklahoma Supreme Court recently delivered a significant ruling for employers in Obi Holding Co. v. Schultz-Butzbach, 2025 OK 55 (Sept. 9, 2025), clarifying that workers’ compensation claimants must continuously...
Oklahoma Supreme Court Clarifies “Active Pursuit” Requirement for Workers’ Compensation Claims Oklahoma Supreme Court Clarifies “Active Pursuit” Requirement for Workers’ Compensation ClaimsThe Virginia Court of Appeals has ruled that a public street crosswalk between a parking garage and hospital entrance did not constitute an employer’s “extended premises” under workers’ compensation law...
Virginia Court Rejects Extended Premises Claim for Crosswalk Injury Virginia Court Rejects Extended Premises Claim for Crosswalk InjuryIn a case of first impression, the Florida First District Court of Appeal has held that Expert Medical Advisor (EMA) reports and testimony in workers’ compensation proceedings must be admitted...
Florida: EMA Opinions May Not Be Excluded under Daubert Standards Florida: EMA Opinions May Not Be Excluded under Daubert StandardsThe Idaho Supreme Court has ruled that district courts retain subject matter jurisdiction over claims alleging employer “willful or unprovoked physical aggression” under Idaho Code § 72-209(3), even when a...
ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception ClaimsIn Lilly v. Weisinger, 2025 Tex. App. LEXIS 6851 (Aug. 28, 2025), a Texas appellate court held that the exclusive remedy provision of the state’s Workers’ Compensation Act barred a...
Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm InjuryIn Thomas v. International Paper Co., 2025 Miss. App. LEXIS 315 (Aug. 26, 2025), the Mississippi Court of Appeals delivered a straightforward application of the state’s progressive injury doctrine, demonstrating...
MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury Claims MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury ClaimsAn Ohio appellate court has denied additional workers’ compensation benefits for the fatal workplace accident of a city arborist, ruling that construction safety regulations did not apply to tree removal...
Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident Ohio Court Rejects VSSR Claim for Arborist’ Fatal AccidentThe Supreme Judicial Court of Maine has upheld an average weekly wage calculation that produces an annual workers’ compensation award of approximately $60,000 for a truck driver who had earned...
Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual EarningsIn Kimberly-Clark Mill v. Moss, 2025 Pa. Commw. LEXIS 144 (Aug. 12, 2025), the Commonwealth Court of Pennsylvania provided important guidance on workers’ compensation notice requirements within the Keystone State,...
PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect TimingThe Washington Court of Appeals has rejected a novel attempt to sidestep co-employee immunity under the state’s Industrial Insurance Act, holding that property ownership alone does not establish the “separate...
Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning SupervisorsIn a decision that demonstrates Louisiana’s more liberal approach to the “substantially certain” exception to workers’ compensation exclusivity, the Louisiana First Circuit Court of Appeal reversed a trial court’s dismissal...
Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case