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 […]
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 […]
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 […]
Case File When a carpenter suffered a fatal pulmonary embolism and collapsed into shallow water at a jobsite, the key question on appeal was whether the employment created a compensable risk. Simply Research subscribers have […]
Case File Because the term "toll" meant to "suspend, stop temporarily, or abate the limitations period," rather than extend a discrete one-year period to file additional claims, a Florida teacher's receipt of benefits stopped the […]