Category: Case comment

Mar 24, 2025

PA Supreme Court Affirms Cannabidiol Reimbursement for Injured Attorney

In a closely watched decision, the Supreme Court of Pennsylvania affirmed the Commonwealth Court’s ruling that a workers’ compensation claimant may be reimbursed for the cost of physician-prescribed cannabidiol (CBD)...

PA Supreme Court Affirms Cannabidiol Reimbursement for Injured Attorney PA Supreme Court Affirms Cannabidiol Reimbursement for Injured Attorney
Mar 18, 2025

NY Appellate Court Reverses Board’s Decision in Death Benefits Case

In Matter of Hanson v. General Electric Co., 2025 N.Y. App. Div. LEXIS 1397 (3d Dept. Mar. 13, 2025), a New York appellate court reversed the Workers’ Compensation Board’s decision...

NY Appellate Court Reverses Board’s Decision in Death Benefits Case NY Appellate Court Reverses Board’s Decision in Death Benefits Case
Mar 17, 2025

California Court Bars Lawsuit Over Volunteer’s Death

In Kuo v. Dublin Unified School District, 2025 Cal. App. LEXIS 147 (Mar. 12, 2025), the First Appellate District (Division Four) of the California Court of Appeal held that because...

California Court Bars Lawsuit Over Volunteer’s Death California Court Bars Lawsuit Over Volunteer’s Death
Mar 12, 2025

Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case

250312 Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Industrial Commission Ordered to Reevaluate Denied PTD Claim Ohio’s Tenth District Court of Appeals recently ruled that the...

Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case Ohio Court Strikes Down Outdated Legal Doctrine in Permanent Disability Case
Mar 10, 2025

VA Truck Driver’s Assault Following Road Rage Incident Found Compensable

In a decision that reinforces Virginia’s approach to compensability under the state’s Workers’ Compensation Act (“the Act”), the Virginia Court of Appeals has affirmed an award of benefits to a...

VA Truck Driver’s Assault Following Road Rage Incident Found Compensable VA Truck Driver’s Assault Following Road Rage Incident Found Compensable
Mar 4, 2025

California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCA

In an important decision for maritime law and workers’ rights, the California Supreme Court has ruled that workers excluded from the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) may...

California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCA California Supreme Court Preserves Maritime Claims for Workers Excluded from LHWCA
Mar 3, 2025

PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp Case

In a recent Pennsylvania workers’ compensation case, the state’s Commonwealth Court ruled that pandemic-related “excused time” payments, such as Philadelphia’s “E-Time” program, do not constitute “payments in lieu of compensation”...

PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp Case PA Court Rules on COVID-19 “E-Time” Payments in Workers’ Comp Case
Feb 26, 2025

Florida Court Nixes Worker’s Comp Award for Spouse’s Household Chores

Yesterday, in Girardin v. An Fort Myers Imps., LLC (2025 Fla. App. LEXIS 1292, Feb. 19, 2025), Florida’s First District Court of Appeal struck down an award for attendant care...

Florida Court Nixes Worker’s Comp Award for Spouse’s Household Chores Florida Court Nixes Worker’s Comp Award for Spouse’s Household Chores
Feb 19, 2025

NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence

In a decision that reinforces the potential consequences of misrepresenting one’s physical condition, a New York appellate court has upheld the permanent disqualification from wage replacement benefits of a workers’...

NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence NY Court Upholds Permanent Benefits Ban Based on Surveillance Evidence
Feb 18, 2025

Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits

In an unpublished decision, a Kansas appellate court has struck down an employer’s attempt to deny workers’ compensation benefits to an employee who refused a drug test 18 days after...

Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits Drug Test Delay Dooms Kansas Employer’s Attempt to Deny Benefits
Feb 14, 2025

Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim

In Matter of Tudor v. Whitehall Cent. Sch. Dist., 2025 N.Y. App. Div. LEXIS 827 (3d Dept., Feb. 13, 2025), the New York Appellate Division, Third Department, affirmed the state...

Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim Cautious Medical Testimony Dooms NY Teacher’s Stroke Claim
Feb 10, 2025

Florida Workers’ Comp Lien Includes Post-Settlement Benefits

A Florida appellate court has ruled that a workers’ compensation carrier’s statutory lien rights extend to all benefits paid through the date of equitable distribution, not merely those paid through...

Florida Workers’ Comp Lien Includes Post-Settlement Benefits Florida Workers’ Comp Lien Includes Post-Settlement Benefits