In Russell v. Wal-Mart Stores, Inc., 2025 S.C. LEXIS 13 (Jan. 29, 2025), the South Carolina Supreme Court reversed a Workers’ Compensation Commission ruling that denied an injured worker additional...
SC Supreme Court Rebukes Comp Comm’n in Change of Condition Dispute SC Supreme Court Rebukes Comp Comm’n in Change of Condition DisputeIn a case of first impression, an Illinois appellate court has held that work-related pain alone—without accompanying structural change or worsening—can constitute a compensable aggravation of a pre-existing asymptomatic condition...
Illinois: Work-Related Pain from Asymptomatic Preexisting Condition is Compensable Illinois: Work-Related Pain from Asymptomatic Preexisting Condition is CompensableA Georgia appellate court recently reversed a state Workers’ Compensation Board decision that denied temporary total disability (TTD) benefits to an employee who refused light-duty work due to COVID-19 health...
GA Court: Refusal of Light-Duty Work Might Be Justified By COVID-19 Health Concerns GA Court: Refusal of Light-Duty Work Might Be Justified By COVID-19 Health ConcernsWhen Mother Nature Met Workers’ Compensation On Palm Sunday 1965, a devastating series of tornadoes tore through southern Michigan. Among the victims were two workers: Carl Whetro, injured when the...
Throwback Thursday: Whetro v. Awkerman (1970) Throwback Thursday: Whetro v. Awkerman (1970)An Ohio employer cannot be held liable under the doctrine of respondeat superior for an employee’s negligent driving during a commute to work, even where the employee might reasonably be...
“Traveling Employee” Exception Not Applicable in Third-Party Tort Action Against Ohio Employer “Traveling Employee” Exception Not Applicable in Third-Party Tort Action Against Ohio EmployerAn Illinois widow may pursue a civil action against her deceased husband’s employer for his asbestos-related death, even though his exposure occurred decades before a 2019 amendment to the state’s...
IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative Change IL Supreme Court: Widow Can Sue in Tort Although Husband’s Exposure to Toxins Occurred Before 2019 Legislative ChangeBackground In the late 1960s and early 1970s, Robert Booker worked as a laboratory technician at Duke Medical Center in Durham, North Carolina, performing routine chemical tests on blood specimens....
Throwback Thursday: Booker v. Duke Medical Center (1979) Throwback Thursday: Booker v. Duke Medical Center (1979)Passenger’s Attack Just Part of Driver’s “Normal Work Environment” In Matter of Waddy v. Manhattan & Bronx Surface Tr. Auth., 2025 N.Y. App. Div. LEXIS 244 (3rd Dept. Jan. 16,...
No PTSD Benefits for NY City Bus Driver No PTSD Benefits for NY City Bus DriverYesterday, reversing a trial court’s decision granting defendant vehicle owners’ motion for summary judgment, in Niebuhr v. Sieberg, 2025 Minn. App. LEXIS 4 (Jan. 13, 2025), the Minnesota Court of...
MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From LiabilityIn a unanimous decision, Hill v. Agri-Mark, Inc., 2025 VT 3, 2025 Vt. LEXIS 2 (Jan. 10, 2025), the Supreme Court of Vermont affirmed the state Department of Labor’s authority...
VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations VT High Court Upholds Administrative Rule on Concurrent Employment Wage CalculationsNC Court Should Not Disclose Power of Court to Reduce Employer’s Comp Lien The North Carolina Court of Appeals recently held that despite the statutory requirement that a trial judge...
What Should the Tort Jury Know About Comp Benefits Already Received? What Should the Tort Jury Know About Comp Benefits Already Received?In Collins v. Des Moines Area Regional Transit Authority (DART), 2024 Iowa App. LEXIS 918 (Dec. 18, 2024), the Iowa Court of Appeals affirmed denial of workers’ compensation benefits to...
Iowa Court Affirms Denial of Benefits re: COVID-19 Claim Iowa Court Affirms Denial of Benefits re: COVID-19 Claim