Case File When a workers' compensation claimant indulges in fraud, he forfeits his right to obtain benefits, but is the forfeiture retroactive or only after the misrepresentation was made? Case Cousain v. Smitty's Supply, Inc., […]

Case File The Iowa Supreme Court applied the AMA Guides to clarify that the impairment value for a distal clavicle excision didn't get the 25% multiplier from Table 16-18. Case Klein v. Whirlpool Corp., No. […]

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 […]