Utilizing what it calls the “actual risk” doctrine, the Virginia Court of Appeals recently affirmed a Workers’ Compensation Commission ruling that a camp employee’s dog bite injury arose out of...
Virginia Court Finds Dog Bite Compensable Under “Actual Risk” Doctrine Virginia Court Finds Dog Bite Compensable Under “Actual Risk” DoctrineA school custodian’s limited contact with students passing through hallways while mopping did not constitute the sort of “elevated risk of exposure” necessary to establish a compensable COVID-19 claim, send...
NY: Brief School Hallway Contact Insufficient to Prove COVID-19 Work Exposure NY: Brief School Hallway Contact Insufficient to Prove COVID-19 Work ExposureA workplace injury requiring skin grafting from one body part to repair another doesn’t automatically become an unscheduled whole-body claim, the Iowa Court of Appeals held in Laguerre v. JBS...
Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled Injury Iowa Court: Skin Grafts for Two Body Parts are Scheduled—Not Unscheduled InjurySkirts With Allowing Fault-Based Rule to Deny Claim In Estate of Perkins v. North American Stainless, 2025 Ky. LEXIS 221 (Oct. 23, 2025), the Kentucky Supreme Court affirmed the denial...
KY Supreme Court Affirms Denial of Benefits in COVID-19 Case KY Supreme Court Affirms Denial of Benefits in COVID-19 CaseThe 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 Fraud