Category: Case comment

Jan 14, 2025

MN: Driver’s Co-Employee Immunity Doesn’t Shield Vehicle Owners From Liability

Yesterday, 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 Liability
Jan 13, 2025

VT High Court Upholds Administrative Rule on Concurrent Employment Wage Calculations

In 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 Calculations
Jan 7, 2025

What Should the Tort Jury Know About Comp Benefits Already Received?

NC 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?
Jan 6, 2025

Iowa Court Affirms Denial of Benefits re: COVID-19 Claim

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
Jan 6, 2025

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence

In Spisa-Kline v. Mary Lanning Memorial Hospital, 2024 Neb. App. LEXIS 750 (Dec. 31, 2024), the Nebraska Court of Appeals affirmed summary judgment for the employer in a workers’ compensation...

Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence Nebraska COVID-19 Claim Fails For Want of Expert Medical Evidence
Dec 31, 2024

Oregon Jaywalker Might Be Awarded Benefits

Appeals Court Examines Going and Coming Rule The Oregon Court of Appeals has reversed and remanded a Workers’ Compensation Board decision that had denied benefits to a worker injured while...

Oregon Jaywalker Might Be Awarded Benefits Oregon Jaywalker Might Be Awarded Benefits
Dec 30, 2024

NC Court of Appeals Reverses $28.9 Million Tort Judgment

Insurer Had No Duty to Defend Intentional Tort Claim Against Co-Employee In Ortez v. Penn Nat’l Sec. Ins. Co., 2024 N.C. App. LEXIS 1017 (Dec. 17, 2024), the North Carolina...

NC Court of Appeals Reverses $28.9 Million Tort Judgment NC Court of Appeals Reverses $28.9 Million Tort Judgment
Dec 27, 2024

NY: Adverse Reaction to COVID Vaccination Not Compensable

Employer Encouraged, But Did Not Require Inoculation A New York appellate court has affirmed the state Workers’ Compensation Board’s denial of benefits to a healthcare worker who suffered adverse reactions...

NY: Adverse Reaction to COVID Vaccination Not Compensable NY: Adverse Reaction to COVID Vaccination Not Compensable
Dec 18, 2024

Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition

The Arkansas Court of Appeals has reversed a workers’ compensation award for permanent impairment related to atrial fibrillation that developed following a COVID-19 infection [Booneville Hum. Dev. Ctr. v. Foster,...

Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition Arkansas Court Reverses Permanent Benefits Award for COVID-Related Heart Condition
Dec 17, 2024

MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage

A general contractor that contractually required its subcontractors to maintain workers’ compensation insurance is immune from tort liability, even when sued by a corporate officer of the subcontractor who had...

MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage MS High Court: Contractor Immune From Tort Claim Filed By Subcontractor’s Officer Who Opted Out of Comp Coverage
Dec 16, 2024

Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any Time

A divided Ohio Supreme Court has held that a workers’ compensation claimant who prevails at trial may file a motion for appellate attorney fees after obtaining a favorable appellate decision,...

Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any Time Ohio Supreme Court: Motions for Attorney Fees May Be Filed at any Time
Dec 12, 2024

West Virginia University Employee’s Long COVID Claim Denied

Adding to the growing body of COVID-19 workers’ compensation jurisprudence, in a memorandum decision, West Virginia’s Intermediate Court of Appeals has affirmed the denial of additional medical conditions allegedly stemming...

West Virginia University Employee’s Long COVID Claim Denied West Virginia University Employee’s Long COVID Claim Denied