Category: Issue commentary

Mar 27, 2025

Throwback Thursday: New York Central R. Co. v. White (1917)

Background The early 20th century saw a seismic shift in how American society approached workplace injuries. Before the widespread adoption of workers' compensation laws, injured workers typically had to sue...

Throwback Thursday: New York Central R. Co. v. White (1917) Throwback Thursday: New York Central R. Co. v. White (1917)
Mar 20, 2025

Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003)

Background In 2000, Fernando Correa, an undocumented worker employed at Waymouth Farms, Inc., suffered a back injury while lifting a box in the company’s warehouse. His employer initially accepted the...

Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003) Throwback Thursday: Correa v. Waymouth Farms, Inc. (2003)
Mar 13, 2025

Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997)

Exclusive Remedy and the Independent Injury Exception A cornerstone of workers’ compensation law is the exclusive remedy rule, which generally bars employees and their families from suing an employer in...

Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997) Throwback Thursday: Snyder v. Michael’s Stores, Inc. (1997)
Mar 6, 2025

Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982)

Background On December 28, 1979, Alcide Guidry, a 53-year-old industrial painter, arrived at work as usual at 7:30 a.m. for Sline Industrial Painters. Assigned with a colleague to paint large...

Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982) Throwback Thursday: Guidry v. Sline Industrial Painters, Inc. (1982)
Feb 27, 2025

Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine

Background In 1916, the New York Court of Appeals issued a groundbreaking decision that would fundamentally shape how workers’ compensation law treats rescue attempts. The case, Waters v. William J....

Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine Throwback Thursday: Waters v. William J. Taylor Co. (1916) – The Humanitarian Rescue Doctrine
Feb 20, 2025

Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the Job

Background In 1928, the Minnesota Supreme Court issued a decision that would help establish important principles about when off-premises lunch injuries fall within the scope of workers’ compensation coverage. The...

Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the Job Throwback Thursday: Krause v. Swartwood (1928) – When Lunch is Part of the Job
Feb 13, 2025

Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)

Background On May 21, 1946, Kelly fell and injured his left knee in an accident which arose out of and in the course of his employment with the employer. He...

Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949) Throwback Thursday: Kelly v. Federal Shipbuilding & Dry Dock Co. (1949)
Feb 6, 2025

Throwback Thursday: Bailey v. American General Ins. Co. (1955)

The Case and Its Context The 1955 Texas Supreme Court decision in Bailey v. American General Insurance Co., 154 Tex. 430, 279 S.W.2d 315 (1955), represents a landmark in the...

Throwback Thursday: Bailey v. American General Ins. Co. (1955) Throwback Thursday: Bailey v. American General Ins. Co. (1955)
Dec 20, 2024

PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree

In Bradford County v. Pasko, 323 A.3d 39 (Pa. Commw. 2024), the Pennsylvania Commonwealth Court affirmed a Workers’ Compensation Appeal Board decision that denied an employer’s claimed offset against workers’...

PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree PA Commonwealth Court Says No Credit Allowed for Pension Benefits Provided by Employer to Injured Retiree
Nov 12, 2024

De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review

Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination....

De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review De Novo, Deference, or Something in Between: The Complex Landscape of Workers’ Compensation Administrative Review
Nov 4, 2024

Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application

Origins and Commercial Context Within commercial and financial contexts, the term “odd lot” has long been used to describe non-standard quantities of goods or securities that, because of their irregular...

Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application Understanding the Odd-Lot Doctrine in Workers’ Compensation Law: Origins, Evolution, and Modern Application