NCCI Court Case Update — Countrywide

NCCI's Countrywide Court Case Update highlights workers compensation (WC) appellate decisions monitored by NCCI's Legal Team in 2025. This edition covers important industry topics such as exclusive remedy, marijuana, attorney fees, first responder presumptions, COVID-19, and other notable state-specific developments.

For more information on cases reported by NCCI's Legal Team, visit previous Court Case Updates and Court Case Insights on ncci.com.

Exclusive remedy—providing employers with immunity from employee tort suits for work-related injuries covered by WC—continues to be a closely watched topic among WC stakeholders.... view more

Marijuana legalization and its implications for WC remains a topic of interest. Though marijuana remains illegal at the federal level, at least 15 states have allowed its use solely for medical purposes, while 24 states and the District of Columbia have legalized both medical and recreational use. In 2025, Tennessee (HB 872, SB 489/HB 836, SB 809) and Kansas (HB 2405, SB 294) considered legalizing both forms. Hawaii (HB 1246, SB 1613), New Hampshire (HB 75, HB 186), and Pennsylvania (HB 20, HB 1200) introduced bills to legalize recreational use, while Idaho (H 401), Indiana (HB 1178, SB 113), North Carolina (HB 1011), South Carolina (S 53), and Texas (HB 1504, SB 170, SB 734) focused on medical marijuana proposals.... view more

This year, courts have reviewed questions related to attorney fees in WC cases. Some of these cases have considered the application of attorney fee statutes and their constitutionality.... view more

In the last decade, numerous states have enacted laws establishing WC presumptions for first responders—creating a presumption that certain injuries or diseases arise out of the course and scope of employment. Courts have also continued to review issues surrounding how these presumption statutes are applied.... view more

Since the onset of the COVID-19 pandemic, courts have considered cases that address whether contraction of COVID-19 is work related and therefore compensable, or the application of exclusive remedy where employees contract COVID-19 and sue their employers in tort. Some recent decisions include:... view more

Across the states, courts continue to address other issues related to WC.... view more

For more information on these and other cases, visit INSIGHTS.

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