Category: Issue commentary

Jun 2, 2026

Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity

Court Applies Massachusetts Law to Maine Injury, Rejects Immunity Defense in Multi-State Staffing Arrangement A New Hampshire contractor that likely would have enjoyed workers’ compensation immunity under Maine law lost...

Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity Maine Supreme Court: Massachusetts Law Strips Staffing Client of Workers’ Compensation Immunity
May 7, 2026

California Workers’ Comp Costs Continued Upward Trend in 2025, WCRI Study Finds

California workers' compensation costs per claim rose 6 percent in 2025, continuing a pattern of sustained growth that began in 2022, with all three major cost components contributing to the...

California Workers’ Comp Costs Continued Upward Trend in 2025, WCRI Study Finds California Workers’ Comp Costs Continued Upward Trend in 2025, WCRI Study Finds
Apr 24, 2026

Federal Reclassification of Marijuana: A Development to Watch in Workers’ Comp

DOJ Moves Marijuana to Schedule III, but Practical Effects Remain Uncertain In a development that may have implications for workers’ compensation claims involving medical marijuana, the U.S. Department of Justice...

Federal Reclassification of Marijuana: A Development to Watch in Workers’ Comp Federal Reclassification of Marijuana: A Development to Watch in Workers’ Comp
Apr 20, 2026

What Do Provider Networks Actually Do? WCRI Offers Some Answers

Medical provider networks now dominate the delivery of care in workers’ compensation. In most states, the majority of medical dollars flow through them. Yet for all their ubiquity, clear evidence...

What Do Provider Networks Actually Do? WCRI Offers Some Answers What Do Provider Networks Actually Do? WCRI Offers Some Answers
Mar 24, 2026

Issue Commentary: Counting Heads or Counting Employees?

The Statutory Employee Problem in Numerical-Minimum Cases A recent Virginia decision raises a question that courts applying workers’ compensation numerical-minimum statutes have rarely paused to examine: when subcontractor workers are...

Issue Commentary: Counting Heads or Counting Employees? Issue Commentary: Counting Heads or Counting Employees?
Mar 23, 2026

Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity

The Supreme Court of Kentucky has affirmed a finding by the state’s Court of Appeals that summary judgment was improper in a negligence and products-liability action alleging mesothelioma caused by...

Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity Issue Commentary: Take-Home Asbestos and the Reach of Exclusivity
Mar 6, 2026

New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits

Every dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...

New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits
Feb 24, 2026

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?

PA Supreme Court Addresses Scope of Co-Employee Immunity In Brown v. Gaydos, 2026 Pa. LEXIS 267 (Pa. Feb. 18, 2026), a divided Pennsylvania Supreme Court affirmed the Superior Court’s reversal...

Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability? Issue Commentary: Where PA Worker’s Injury is Compensable, Does That Automatically Mean Co-Employee is Immune from Tort Liability?
Feb 19, 2026

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated

Arkansas Court Reverses Commission and Applies Increased-Risk Analysis A ranch hand who developed alpha-gal syndrome (AGS), a tick-borne allergy, after years of outdoor work in tick-infested conditions has had his...

Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated Issue Commentary: Tick-Borne Alpha-Gal Syndrome Claim Reinstated
Feb 13, 2026

WCRI’s New Data on Joint Replacement: A Shifting Landscape

In January 2026, the Workers Compensation Research Institute (WCRI) released a comprehensive study tracking joint replacement surgeries across 32 states over seven years, and the findings reveal both concerning trends...

WCRI’s New Data on Joint Replacement: A Shifting Landscape WCRI’s New Data on Joint Replacement: A Shifting Landscape
Jan 26, 2026

Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause

Oregon Holds Immunity for State Employees Violates Constitution When Applied to Workers’ Compensation Recipients In a 5-2 decision, the Oregon Supreme Court has handed down a significant opinion addressing the...

Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause Issue Commentary: Oregon Supreme Court Strikes Down Governmental Immunity Statute Under State’s Remedy Clause
Dec 1, 2025

Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies

Skala v. Comfort Systems USA, Inc., 2025 Ark. 183, 2025 Ark. LEXIS 144 (Nov. 20, 2025), is one of those cases where the doctrinal lines between two distinct bodies of...

Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies Borrowing Doctrines Across Systems: Arkansas Reconsiders Travel, Tort Liability, and the Temptation of Workers’ Compensation Analogies