Case File According to North Dakota’s top court, judicial estoppel didn’t prevent WSI from pursuing subrogation against a worker who received settlement funds from a third party. Case Moos v. North Dakota Workforce Safety and […]

Case File The Pennsylvania Supreme Court found that physicians' referring workers' compensation claimants to a pharmacy in which the physicians had a financial interest didn't violate the state's anti-referral statute because "prescription drugs" and "pharmaceutical […]

Case File Evidence of a coworker's safety-rule violations and workplace misconduct did not create a jury question on willful and wanton conduct where the coworker lacked knowledge of a specific high-probability risk to the injured […]

Case File When a New York City train conductor learned that a passenger on his train had fallen on the tracks and been run over by another train, the Workers' Compensation Board reasonably found that […]

Case File Despite a challenge with misattribution of a doctor's opinion, an ALJ's decision didn't commit an error "so flagrant as to cause gross injustice." Case Graybar Electric v. Starr, No. 2025-SC0204-WC (Ky. 02/19/26) What […]

Case File Because a worker’s acceleration theory did not become ripe until WSI terminated benefits, the North Dakota Supreme Court held that administrative res judicata did not bar his claim following an ALJ ruling. Simply […]

What Do You Think? The exclusivity rule immunizes employers from most personal injury lawsuits. But it does not save them from having to initially use their legal resources to try and get a personal injury […]

Case File Because a bankruptcy court granted a worker's trustee's motion to reopen his bankruptcy case specifically to administer his negligence action against his employer as an asset, and the worker's disclosure of the negligence […]