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Safety Failures, Yelling at Injured Worker don’t Create Case for Tort Suit
Safety Failures, Yelling at Injured Worker don’t Create Case for Tort Suit

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 […]

  • Jun 22, 2026
  • Frank Ferreri
Death of Passenger Constituted Normal Work Stress for NYC Conductor
Death of Passenger Constituted Normal Work Stress for NYC Conductor

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 […]

  • Jun 17, 2026
  • Frank Ferreri
Ky. High Court Upholds ALJ Decision Despite Misattributed Medical Opinion
Ky. High Court Upholds ALJ Decision Despite Misattributed Medical Opinion

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 […]

  • Jun 15, 2026
  • Frank Ferreri
Without Ripe Acceleration Claim, N.D. Worker didn’t Run into Res Judicata Wall
Without Ripe Acceleration Claim, N.D. Worker didn’t Run into Res Judicata Wall

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 […]

  • Jun 08, 2026
  • Frank Ferreri
Could Flight Attendant get ‘Fume Event’ Lawsuit off Ground?
Could Flight Attendant get ‘Fume Event’ Lawsuit off Ground?

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 […]

  • May 26, 2026
  • Chris Parker
Amended Bankruptcy Petition Allows Oregon Worker to Keep Going on Negligence Action Against Employer
Amended Bankruptcy Petition Allows Oregon Worker to Keep Going on Negligence Action Against Employer

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 […]

  • May 21, 2026
  • Frank Ferreri
Walmart Worker’s Settlement Bars her Claim against Iowa Second Injury Fund
Walmart Worker’s Settlement Bars her Claim against Iowa Second Injury Fund

Case File A pharmacy technician's settlement with Walmart, Inc. involved the same subject matter as her claim against the Second Injury Fund and “constitute[d] a final bar to any further rights arising under” the Iowa […]

  • May 04, 2026
  • Frank Ferreri
Ky. High Court Finds ‘Leap of Logic’ in ALJ’s PPD Reasoning
Ky. High Court Finds ‘Leap of Logic’ in ALJ’s PPD Reasoning

Case File Because an ALJ didn’t give enough to indicate how a worker could continue doing her clerical job and be unable to work at the same time, the Kentucky Supreme Court thought it best […]

  • Apr 30, 2026
  • Frank Ferreri
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