In 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 311Federal Court in Kentucky Says Common Carrier’s Defense Fails A federal court applying Kentucky workers’ compensation law recently rejected a motor carrier’s claim that it was entitled to up-the-ladder immunity...
Up-the-Ladder Immunity Runs Only One Direction Up-the-Ladder Immunity Runs Only One DirectionIn Spade v. Appalachian Regional Healthcare, Inc., 2026 U.S. Dist. LEXIS 49799 (E.D. Ky. Mar. 11, 2026), the United States District Court for the Eastern District of Kentucky granted summary...
Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic Facts Federal Court (E.D. Ky.) Rejects Workers’ Comp Retaliation Claim Despite Sympathetic FactsSmall contractors sometimes believe that keeping their payroll lean — two employees instead of three — will keep them outside the reach of the workers’ compensation statute. But the Virginia...
Virginia Court Counts Subcontractor Workers in Coverage Threshold Case Virginia Court Counts Subcontractor Workers in Coverage Threshold CaseIn Garcia v. Director, Office of Workers’ Compensation Programs, 2026 U.S. App. LEXIS 6549 (2d Cir. Mar. 5, 2026), the Second Circuit denied a petition for review filed by a...
Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore Act Second Circuit Bars Medical Marijuana Reimbursement Under the Longshore ActIn Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision