Category: Case comment

Sep 10, 2025

Virginia Court Rejects Extended Premises Claim for Crosswalk Injury

The Virginia Court of Appeals has ruled that a public street crosswalk between a parking garage and hospital entrance did not constitute an employer’s “extended premises” under workers’ compensation law...

Virginia Court Rejects Extended Premises Claim for Crosswalk Injury Virginia Court Rejects Extended Premises Claim for Crosswalk Injury
Sep 9, 2025

Florida: EMA Opinions May Not Be Excluded under Daubert Standards

In a case of first impression, the Florida First District Court of Appeal has held that Expert Medical Advisor (EMA) reports and testimony in workers’ compensation proceedings must be admitted...

Florida: EMA Opinions May Not Be Excluded under Daubert Standards Florida: EMA Opinions May Not Be Excluded under Daubert Standards
Sep 8, 2025

ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims

The Idaho Supreme Court has ruled that district courts retain subject matter jurisdiction over claims alleging employer “willful or unprovoked physical aggression” under Idaho Code § 72-209(3), even when a...

ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims ID Supreme Court Clarifies Jurisdictional Authority Over Workers’ Compensation Exception Claims
Sep 3, 2025

Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury

In Lilly v. Weisinger, 2025 Tex. App. LEXIS 6851 (Aug. 28, 2025), a Texas appellate court held that the exclusive remedy provision of the state’s Workers’ Compensation Act barred a...

Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury Corporate Veil Protects Texas Business Owner From Tort When Employee Suffers Farm Injury
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