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Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]

  • Aug 14, 2026
  • Frank Ferreri
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier

Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]

  • Aug 14, 2026
  • Frank Ferreri
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes

Case File Although a North Carolina corporation was cited for a previous heat-related death, its failure to follow a series of steps that could have prevented a worker's heatstroke didn't show "intentional" conduct sufficient to […]

  • Aug 08, 2026
  • Frank Ferreri
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim

Case File When a fire inspector/firefighter attempted to claim that he was traveling from one inspection site to another, an email and a map conspired to defeat his argument that he was on the clock […]

  • Aug 03, 2026
  • Frank Ferreri
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs

Case File Suspension of a workers' compensation claim during the period in which the claimant fails to cooperate is the only available sanction when an employee obstructs an Independent Medical Examination. The Utah Supreme Court […]

  • Jul 25, 2026
  • Chris Parker
Mass. Top Court Orders Insurance Commissioner to Explain 14.6% Workers’ Comp Rate Cut
Mass. Top Court Orders Insurance Commissioner to Explain 14.6% Workers’ Comp Rate Cut

Case File Although the Massachusetts insurance commissioner was entitled to depart from WCRIB's ratemaking methodology, he failed to adequately explain how he arrived at a 14.6% rate decrease. Case Workers' Compensation Rating and Inspection Bureau […]

  • Jul 16, 2026
  • Frank Ferreri
Increased Risk from Work Environment Makes Shooting Compensable: Florida Supreme Court
Increased Risk from Work Environment Makes Shooting Compensable: Florida Supreme Court

Case File When is a workplace assault compensable under Florida's Workers' Compensation Law? When the work environment exposes the worker to an increased risk of assault. Case Bouayad v. Normandy Ins. Co., No. SC2023-1576 (Fla. […]

  • Jul 13, 2026
  • Frank Ferreri
Miss. Court Puts Brakes on Bad Faith Claim of Driver who Tried to Stop Theft
Miss. Court Puts Brakes on Bad Faith Claim of Driver who Tried to Stop Theft

Case File The U.S. District Court for the Northern District of Mississippi held that a workers' compensation claimant must fully exhaust all administrative remedies before filing a bad faith or breach of good faith and […]

  • Jul 11, 2026
  • Chris Parker
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