The Delaware Supreme Court recently affirmed a decision applying the recurrence versus aggravation framework in a case with an unusual result: because the claimant had commuted his earlier workers’ compensation...
DE Supreme Court: Recurrence Finding Bars Coverage Following Commutation DE Supreme Court: Recurrence Finding Bars Coverage Following CommutationGeorgia Court Applies Exclusive Remedy to Customer Assault Claim The Georgia Court of Appeals recently addressed an unsettling scenario: a cashier who alleged she was stabbed by a disgruntled drive-through...
When Customer Confrontations Turn Violent, Workers’ Comp May Still Control When Customer Confrontations Turn Violent, Workers’ Comp May Still ControlOn November 24, 2025, the New York Court of Appeals issued two decisions that clarify the standards governing workers’ compensation claims arising from COVID-19. In Matter of McLaurin v. New...
NY Court of Appeals Issues Two Major COVID-19 Decisions NY Court of Appeals Issues Two Major COVID-19 DecisionsNew York’s Appellate Division, Third Department, has again emphasized an important constraint on the Workers’ Compensation Board’s fact-finding prerogative: while the Board may weigh competing medical opinions, it may not...
NY Court Reaffirms Limits on Board’s Authority to Reject Uncontroverted Medical Testimony NY Court Reaffirms Limits on Board’s Authority to Reject Uncontroverted Medical TestimonyThe Idaho Supreme Court recently affirmed denial of workers’ compensation death benefits to the widow of a county road equipment operator who died from COVID-19 complications in October 2021, holding...
Idaho High Court Affirms Denial of COVID-19 Death Benefits Claim Idaho High Court Affirms Denial of COVID-19 Death Benefits ClaimIn an unpublished decision, the Washington Court of Appeals has affirmed that the Department of Labor and Industries is not required to account for a claimant’s attorney fees when calculating...
Washington Court Rejects Attempt to Reduce Social Security Offset Based on Attorney Fees Washington Court Rejects Attempt to Reduce Social Security Offset Based on Attorney FeesThe Nevada Supreme Court has affirmed the denial of workers’ compensation benefits to a correctional officer who contracted COVID-19 from a coworker, holding that Nevada’s special occupational lung disease statute...
NV Supreme Court: Special Occupational Lung Disease Statute Does Not Cover COVID-19 Claims NV Supreme Court: Special Occupational Lung Disease Statute Does Not Cover COVID-19 ClaimsIn Matter of Qureshi v. Rite Aid Corp., 2025 N.Y. App. Div. LEXIS 6383 (3rd Dept. Nov. 13, 2025), a New York appellate court affirmed a decision by the state’s...
NY Claimant’s Social Media Posts Undermine His Misrepresentation Defense NY Claimant’s Social Media Posts Undermine His Misrepresentation DefenseThe Louisiana Court of Appeal, Third Circuit, recently held that a tort plaintiff could rely on a workers’ compensation doctrine—the “special mission” exception to the going-and-coming rule—to establish an employer’s...
Tort Plaintiff Relies on Comp Doctrine to Establish Employer Vicarious Liability Tort Plaintiff Relies on Comp Doctrine to Establish Employer Vicarious LiabilityIn Pinellas County Transit Authority v. Jackson, 2025 Fla. App. LEXIS 8502 (1st DCA Nov. 12, 2025) a Florida appellate court held that the misrepresentation bar under § 440.105, Fla....
FL Court: Misrepresentation Bar Limited to Specific Claim FL Court: Misrepresentation Bar Limited to Specific ClaimThe Alabama Court of Civil Appeals has rejected a constitutional challenge to Alabama’s statutory cap on claimant attorney fees, reaffirming the long-standing 15 per cent limitation in Ala. Code §...
Alabama Court Upholds 15 Percent Attorney Fee Cap in Comp Cases Alabama Court Upholds 15 Percent Attorney Fee Cap in Comp CasesIn ProAssurance Grp. v. Manz, 2025 Del. LEXIS 416 (Del. Nov. 7, 2025), the Delaware Supreme Court recently reaffirmed that workers’ compensation carriers’ subrogation rights against third-party recoveries extend only...
Delaware High Court Reaffirms Limits on Subrogation in UIM Awards Delaware High Court Reaffirms Limits on Subrogation in UIM Awards