Category: Case comment

Sep 2, 2025

MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury Claims

In Thomas v. International Paper Co., 2025 Miss. App. LEXIS 315 (Aug. 26, 2025), the Mississippi Court of Appeals delivered a straightforward application of the state’s progressive injury doctrine, demonstrating...

MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury Claims MS Court Reinforces Bright-Line Rule: Immediate Severe Pain Defeats Progressive Injury Claims
Aug 19, 2025

Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident

An Ohio appellate court has denied additional workers’ compensation benefits for the fatal workplace accident of a city arborist, ruling that construction safety regulations did not apply to tree removal...

Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident Ohio Court Rejects VSSR Claim for Arborist’ Fatal Accident
Aug 18, 2025

Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings

The Supreme Judicial Court of Maine has upheld an average weekly wage calculation that produces an annual workers’ compensation award of approximately $60,000 for a truck driver who had earned...

Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings Maine High Court Affirms AWW Calculation Despite Award Exceeding Actual Earnings
Aug 14, 2025

PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing

In Kimberly-Clark Mill v. Moss, 2025 Pa. Commw. LEXIS 144 (Aug. 12, 2025), the Commonwealth Court of Pennsylvania provided important guidance on workers’ compensation notice requirements within the Keystone State,...

PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing PA Court Clarifies Notice Requirements: Context and Communications Matter More Than Perfect Timing
Aug 7, 2025

Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors

The Washington Court of Appeals has rejected a novel attempt to sidestep co-employee immunity under the state’s Industrial Insurance Act, holding that property ownership alone does not establish the “separate...

Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors Washington Court Rejects Dual Persona Exception to Co-Employee Immunity for Property-Owning Supervisors
Aug 6, 2025

Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case

In a decision that demonstrates Louisiana’s more liberal approach to the “substantially certain” exception to workers’ compensation exclusivity, the Louisiana First Circuit Court of Appeal reversed a trial court’s dismissal...

Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case Louisiana Court Allows “Substantially Certain” Workers’ Compensation Bypass in Lawnmower Injury Case
Aug 4, 2025

Tennessee Court Finds Injuries from Medical Travel Compensable

In Wade v. State, 2025 Tenn. LEXIS 283 (Tenn. Workers’ Comp. Panel July 30, 2025), a Tennessee workers’ compensation appeals panel reversed the Claims Commission’s denial of medical benefits, applying...

Tennessee Court Finds Injuries from Medical Travel Compensable Tennessee Court Finds Injuries from Medical Travel Compensable
Jul 28, 2025

CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim

An employee’s civil action filed against her employer alleging intentional infliction of emotional distress following a workplace dog bite is barred by the exclusive remedy provision of the Connecticut Workers’...

CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim CT Employer’s Videotape Sinks Employee’s Emotional Distress Tort Claim
Jul 22, 2025

Michigan Court Rejects Intentional Tort Claim in Fatal Workplace Shooting

In Brown v. Burlington Coat Factory of Texas, Inc., 2025 Mich. App. LEXIS 5524 (Mich. Ct. App. July 11, 2025), the Michigan Court of Appeals reaffirmed the narrow scope of...

Michigan Court Rejects Intentional Tort Claim in Fatal Workplace Shooting Michigan Court Rejects Intentional Tort Claim in Fatal Workplace Shooting
Jul 21, 2025

Minnesota Supreme Court Clarifies PTSD Coverage for First Responders

The Minnesota Supreme Court, in a divided decision, has issued a significant decision that potentially expands workers’ compensation coverage for post-traumatic stress disorder (PTSD) claims, particularly those brought by first...

Minnesota Supreme Court Clarifies PTSD Coverage for First Responders Minnesota Supreme Court Clarifies PTSD Coverage for First Responders
Jul 17, 2025

CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation Evidence

In Buchanan v. Town of East Hartford, 2025 Conn. App. LEXIS 208 (July 15, 2025), the Connecticut Appellate Court, reversing a decision of the state’s Compensation Review Board, reinstated an...

CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation Evidence CT ALJ’s Dismissal of Survivor’s Claim Reinstated—Board Improperly Reweighed Suicide Causation Evidence
Jul 16, 2025

Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery

In Hernandez v. Associated Wholesale Grocers, 2025 Neb. App. LEXIS 374 (Neb. Ct. App. July 1, 2025) (not designated for permanent publication). the Nebraska Court of Appeals affirmed the Workers’...

Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery Nebraska Court Affirms Denial of Benefits for Post-Accident Knee Surgery