The Minnesota Supreme Court, adopting language from Larson’s Workers’ Compensation Law, § 20.01 (“Larson”), affirmed that a middle school teacher’s knee injury sustained while playing basketball with students during an...
MN Supreme Court: Teacher’s Injury During Student Basketball Practice Compensable MN Supreme Court: Teacher’s Injury During Student Basketball Practice CompensableRecently, the Pennsylvania Commonwealth Court reversed a Workers’ Compensation Appeal Board decision denying PTSD benefits to a firefighter, holding that performing CPR on two infants who died within a 16-month...
PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two Infants PA Court Reverses PTSD Denial for Firefighter Who Performed CPR on Two InfantsThe Delaware Superior Court reversed an Industrial Accident Board decision that denied recurrence benefits for psychological impairment, holding that the Board’s reliance on an orthopedic surgeon’s observations about psychological disorders—while...
Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological Disability Delaware Court Reverses Board Decision That Improperly Weighed Medical Opinion on Psychological DisabilityIn a recent decision, the Tennessee Special Workers’ Compensation Appeals Panel affirmed an order requiring the employer to provide a new panel of physicians even though the employee had previously...
New Physician Panel Ordered after Doctor Terminates Care New Physician Panel Ordered after Doctor Terminates CareIn Land v. Whitley, 2025 N.C. LEXIS 868 (N.C. Oct. 17, 2025), the North Carolina Supreme Court held that a trial court’s denial of a motion to dismiss based on...
NC Supreme Court: COVID-19 Emergency Act Does Not Support Immediate Appeal NC Supreme Court: COVID-19 Emergency Act Does Not Support Immediate AppealIn Pittsylvania County School Board v. Hite, 2025 Va. App. LEXIS 607 (Va. Ct. App. Oct. 7, 2025), the Virginia Court of Appeals upheld the Workers’ Compensation Commission’s authority to...
Virginia Court Affirms Retroactive Correction of Mistaken AWW Virginia Court Affirms Retroactive Correction of Mistaken AWWIn a divided decision, the Illinois Third District Appellate Court, affirming summary judgment by a state trial court, held that an employee’s civil action against his employer for injuries sustained...
IL Tort Action Against Employer Following Psychotic Attack by Coworker is Barred IL Tort Action Against Employer Following Psychotic Attack by Coworker is BarredIn Matter of Harmon v. Faxton Sunset St. Luke’s Health Care Ctr. Inc., 2025 N.Y. App. Div. LEXIS 5692 (3d Dept. Oct. 9, 2025), New York’s Appellate Division (Third Department)...
NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove Fraud NY Court Affirms: Surveillance Showing Activity on “Good Days” Insufficient to Prove Fraud251008 NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case The North Carolina Court of Appeals has rejected an employer’s argument that a nurse’s voluntary participation in pepper-spray...
NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training Case NC Court Rejects Assumption of Risk Defense in Pepper-Spray Training CaseThe Mississippi Court of Appeals recently affirmed summary judgment favoring a school district, holding that a cafeteria worker placed at an elementary school by a staffing agency was the district’s...
MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee” MS Court: Staffing Agency Worker Was School District’s “Borrowed Employee”An Illinois appellate court has affirmed a nearly $5.8 million judgment in a negligence action filed by the widow of a restaurant employee who died from anaphylactic shock after eating...
IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock Case IL: $5.8 Million Judgment Affirmed in Busboy’s Fatal Anaphylactic Shock CaseIn Teitelman v. SAIF Corp. (In re Compensation of Cardoza), 2025 Ore. LEXIS 626 (Sept. 25, 2025), the Oregon Supreme Court held that injured workers are entitled to request their...
OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial OR High Court: Worker Entitled to Medical Examination When Insurer Uses IME to Defend Denial