Exclusivity Is an Affirmative Defense, Not a Jurisdictional Bar In Crook v. Six Flags Over Georgia II, L.P., 2026 Ga. App. LEXIS 302 (June 15, 2026), the plaintiff brought a...
Georgia Appellate Court Reverses Course Georgia Appellate Court Reverses CourseNew York’s Appellate Division, Third Department recently affirmed a Workers’ Compensation Board decision disallowing a correction sergeant’s PTSD claim, holding that the claimant did not qualify for the mental-injury exception...
NY Correction Sergeant Did Not Qualify for New PTSD Exception NY Correction Sergeant Did Not Qualify for New PTSD ExceptionA New York appellate court has held that an insurer that declined to defend its insured based on a workers’ compensation exclusion could not later challenge a multimillion-dollar default judgment...
NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant Risk NY Court: Carrier That Declines to Defend Over Workers’ Compensation Exclusion Takes Significant RiskIn an unpublished decision, the Appellate Court of Illinois, First District, has affirmed a workers’ compensation award based on concurrent employment, holding that a claimant furloughed from her primary job...
IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW Purposes IL Court: Pandemic Furlough Does Not Sever Concurrent Employment for AWW PurposesA South Carolina employee alleged that his manager threatened him, accused him of dishonesty, called the police, suspended him, and ultimately fired him. He then sued his employer for negligent...
South Carolina’s Mental-Injury Paradox South Carolina’s Mental-Injury ParadoxMany disputes over physician choice in workers’ compensation arise when an injured worker seeks treatment from a doctor of his or her own choosing. Hayes v. Christian Retirement Homes, Inc.,...
Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating Physician Iowa Supreme Court: Employer Not Bound by Opinion of Its Own Treating PhysicianNew York’s Court of Appeals recently affirmed an Appellate Division order blocking defendants in a personal injury action from using a Workers’ Compensation Board causation determination as collateral estoppel, holding...
NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp Decisions NY High Court Holds JIWA Bars Collateral Estoppel Effect of Pre-Enactment Workers’ Comp DecisionsIn a case involving a Nebraska truck driver-farm laborer whose treatment for metastatic cancer was allegedly postponed by complications associated with a compensable hip injury and its resulting treatment, the...
Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer Treatment Nebraska Supreme Court Affirms Denial of Death Benefits Where Work Injury Delayed Cancer TreatmentA North Carolina district manager who suffered a stroke while preparing for the opening of a restaurant location—and who allegedly waited hours before coworkers summoned emergency assistance—may not pursue negligence...
NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace Stroke NC Court of Appeals: Exclusivity Doctrine Bars Negligence Suit Following Workplace StrokeIn a noteworthy decision addressing the intersection of toxic exposure, reproductive injury, and workers’ compensation exclusivity, a Washington state appellate court recently held that a child conceived after an employee’s...
Washington Court Allows “Preconception” Negligence Claim Against Employer — Exclusive Remedy Defense Rejected Washington Court Allows “Preconception” Negligence Claim Against Employer — Exclusive Remedy Defense RejectedFL’s Professional Athlete Exclusion Dooms Physician’s Use of MN’s exclusivity protection A Florida appellate court has rejected a Florida physician’s attempt to invoke Minnesota workers’ compensation immunity in a wrongful...
Florida Court Rejects Minnesota Immunity Claim Florida Court Rejects Minnesota Immunity ClaimToxic Fumes, Fraud Allegations, and Workers’ Compensation Exclusivity A federal district court in Colorado has held that workers’ compensation exclusivity barred tort claims brought by flight attendants who allegedly suffered...
Colorado Federal Court Dismisses Flight Attendants’ Tort Claims Against Frontier Airlines Colorado Federal Court Dismisses Flight Attendants’ Tort Claims Against Frontier Airlines