Workers’ compensation immunity is often described as the product of a grand bargain: employers assume no-fault liability for workplace injuries, and in return receive protection from civil tort suits. But...
FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever Existed FL Court Rejects Workers’ Comp Immunity Defense Where No Subcontract Ever ExistedReporting an Injury Alone Does Not Trigger Retaliation Protection In Delaware, an employee does not “claim” or “attempt to claim” workers’ compensation benefits merely by informing an employer of an...
Delaware High Court Clarifies What Counts as “Claiming” Workers’ Compensation Delaware High Court Clarifies What Counts as “Claiming” Workers’ CompensationThird Department Emphasizes Board’s Fact-Finding Authority and Strength of § 21 Presumption A workplace injury need not be witnessed to be compensable where circumstantial evidence supports the occurrence of an...
NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial Evidence NY Court Affirms Claim Where Workplace Injury Unwitnessed but Supported by Circumstantial EvidenceWrong Legal Test Applied to Traveling Employee Reversing the circuit court and setting aside the Commission’s award of death benefits, the Appellate Court of Illinois, Fifth District, held that the...
Illinois Court Reverses Death Benefits Award Illinois Court Reverses Death Benefits AwardPulmonary Embolism Deemed Sole Cause; Water Aspiration Not a Substantial Factor In a divided, nonprecedential order, the New Hampshire Supreme Court affirmed the denial of death benefits where the Compensation...
NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace Death NH Supreme Court Affirms CAB’s Fact-Finding Discretion in Divided Decision on Workplace DeathIn Teed v. Everest Campus East, LLC, 2026 Fla. App. LEXIS 2662 (Fla. 2d DCA Apr. 8, 2026), a Florida appellate court reversed summary judgment for a property manager, holding...
FL: Horizontal Immunity Requires a True Contractor–Subcontractor Relationship FL: Horizontal Immunity Requires a True Contractor–Subcontractor RelationshipIn Harris v. Tri-Tech Laboratories, LLC, 2026-Ohio-1152, 2026 Ohio App. LEXIS 1197 (Ohio Ct. App., 5th Dist. Mar. 31, 2026), the Fifth District affirmed dismissal of an employee’s intentional tort...
Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01 Ohio Intentional Tort Claims: Pleading the Deliberate Intent Standard Under R.C. 2745.01The Supreme Court of Ohio recently held that the Industrial Commission failed to properly apply R.C. 4123.56(F) when it awarded temporary total disability (TTD) compensation to an injured nine-month school...
Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month Employee Ohio Supreme Court: R.C. 4123.56(F) Governs Summer TTD Claims of Nine-Month EmployeeAL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits In Duke v. Walmart, Inc., 2026 Ala. LEXIS 31 (Ala. Mar. 20, 2026), the Supreme Court of Alabama affirmed...
AL Supreme Court Bars Tort Claim Where Worker Accepted Comp Benefits AL Supreme Court Bars Tort Claim Where Worker Accepted Comp BenefitsCourt Finds Jury Question on Contract Formation In Antonio Munoz Aserradero, LLC v. Thomas, 2026 Tex. App. LEXIS 2261 (Tex. App.—Tyler Mar. 11, 2026), the Court of Appeals of Texas,...
Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” Period Texas Court Affirms $4.5 Million Verdict for Worker Injured During “Try-Out” PeriodThe Commonwealth Court of Pennsylvania recently held that Scomed Supply, a retail seller of medical supplies, is not a “health care provider” as defined by Section 109 of the Pennsylvania...
PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s Act PA Court: Medical Supplier Is Not a “Health Care Provider” Under State’s ActState’s Highest Court Reverses Lower Court’s Ruling A sole proprietor need not notify his workers’ compensation insurer within 120 days of injury to preserve a claim under Section 311 of...
PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311 PA Sole Proprietor Need Not Notify Insurer Within 120 Days Under Section 311