AK - Supreme Court Reinstates Injured Teacher's Claims Against School District, Principal
03/31/2026 | 0
The Alaska Supreme Court reinstated an injured schoolteacher’s claims for negligence, employment discrimination, intentional infliction of emotional distress, and defamation against his former employer and supervising principal.
David Mitchell worked for the Bering Strait School District as a teacher in Savoonga, and he signed a landlord-tenant agreement with the district for housing.
At some point, the district removed one of the railings on the stairs of Mitchell’s residence. He complained, but the district did not repair or replace the railing.
One day in November 2021, ...
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A New York appellate court ruled that a commercial general liability insurance provider had a duty to defend a property owner in a worker’s Labor Law action for injuries allegedly sustained at the property.
Case: Kedex Properties LLC v. Trisura Specialty Insurance Co., No. 2024-04725, 03/11/2026, published.
Facts: Kedex Properties LLC owned a property in Jackson Heights. Trisura Specialty Insurance Co. issued a commercial general liability policy to Kedex, effective from Dec. 10, 2020, through Dec. 10, 2021.
Following a fire at the property in April 2021, Kedex hired First R...
A Texas appellate court upheld a directed verdict denying a worker’s claim of injury.
Case: Sharman v. American Zurich, No. 05-24-01394-CV, 03/25/2026, published.
Facts: Anita Sharman worked for Fry’s Electronics Inc. On April 1, 2020, Sharman allegedly slipped and hit her lower left leg on a metal object while closing the store.
Sharman did not report the incident that day, nor in the week that followed.
On April 8, 2020, Sharman was informed that she was being furloughed due to the COVID-19 pandemic. She refused to sign a letter confirming the furlough.
The next day, Sharman...
The North Carolina Court of Appeals vacated the denial of the workers’ compensation claims filed by the family of a police officer who died after contracting COVID-19.
Case: McDonald v. City of Winston-Salem, No. COA25-582, 03/04/206, published.
Facts: Michael McDonald worked for the City of Winston-Salem as a police officer. He served on the department’s impaired driving task force.
In September 2021, McDonald worked at least 17 10-hour shifts, conducting numerous traffic stops, arrests and alcohol sensor tests.
Body camera footage showed that McDonald typically wore a ma...
Whether you are an attorney, hearing representative or claims adjuster, there is no question that you routinely deal with cumulative trauma claims. But when a CT is alleged over a long span of employment, it can raise an interesting question: Is this truly one CT injury, or do the facts support multiple CT injuries occurring during different periods?
That question matters because once a claim is accepted, while the applicant would be entitled to benefits, the defense must still evaluate who ultimately bears responsibility. In many CT cases, liability is generally determined with Labo...
Firing or threatening to fire an injured worker for getting treatment during the workday would be expressly added to the list of conduct prohibited by California Labor Code Section 132a, under a recently amended bill.
Assemblymember Ash Kalra, D-San Jose, earlier in March amended AB 2098 to bring back language from a failed 2024 measure that would have made denying an injured worker's request to receive treatment during working hours a form of discrimination.
Kalra on Friday amended the bill to propose adding a new Labor Code Section 4600.03 that would require injured workers ...
Wisconsin Gov. Tony Evers on Monday signed a multifaceted workers' compensation reform bill increasing benefits, expanding coverage for first responder mental health claims and boosting penalties for businesses that operate without insurance.
Reforms in AB 651, negotiated by labor and management, also reverse a state Supreme Court decision that allows stacking disability percentages and clarify that the statutory deadline for filing occupational disease claims can't be tolled indefinitely.
Evers said in a statement that the bill "reflects recommendations of the Workers&rsquo...
The Kentucky General Assembly passed a bill that would remove the Department of Workers' Claims from the Education and Labor Cabinet and administratively attach it to the governor's office.
If SB 343 is enacted, the department would still be led by a commissioner who is appointed by the governor and confirmed by the Senate; however, the commissioner would not work directly under the supervision of the governor's Education and Labor Cabinet.
The bill would also create a new requirement that the department's commissioner must have at least eight years of experience in work...
The Louisiana Attorney General's Office announced that a man known as DJ Hardhead was charged with fraud for allegedly not reporting his work as a disc jockey while he collected workers' compensation benefits.
Warren Murphy, 55, was placed on nonwork status by a doctor in 2022 following a work injury. He was required to disclose any outside income on monthly reporting statements.
State prosecutors said Murphy failed to report working as a disc jockey for three months in 2022 and two months in 2023.
"As a result of this scheme, Murphy defrauded the workers' comp program...
A Texas appellate court ruled that a property owner should have been granted summary judgment dismissing a civil claim against it by a subcontractor’s employee for alleged injuries sustained on the worksite.
Tyler Whitmire worked for RRR Electripro LLC. He allegedly suffered injuries while working at a property owned by Motiva Enterprises LLC.
Whitmire filed a civil suit against Motiva. The company filed a motion for summary judgment, asserting that it was immune from civil liability under the Workers’ Compensation Act.
Motiva claimed it had entered into a master service ag...
The Pennsylvania Supreme Court unanimously ruled that when an injured worker is a sole proprietor, he does not forfeit his entitlement to benefits by failing to notify his company’s insurance carrier of the injury within 120 days.
Pennsylvania law disallows benefits if a worker fails to notify his employer of an injury within 120 days, the Supreme Court said, but when the worker is his own employer, the notice obligation does not transfer to the insurance carrier.
The Supreme Court said the Commonwealth Court erred in reaching the contrary conclusion in Erie Insurance Property & Ca...
A Missouri court rejected an employer’s appeal of denied motions to dismiss civil claims filed by workers who were the victims of an attempted robbery.
Case: Harris v. Starbucks Corp., No. ED113748, 03/03/2026, published.
Facts: Michael Harris and Devin Jones-Ransom both worked for the Starbucks Corp. They were working together at a Starbucks location in St. Louis on Dec. 17, 2023, when two gunmen attempted to rob the store.
Harris and Jones-Ransom fought back and were able to subdue one of the gunmen with the help of another individual. The other gunman fled and w...
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his injuries from an excavator accident, and his employer was entitled to summary judgment on the third-party claims against it.
Case: Figueroa v. Empire Sewer & Water Inc., No. 159739/18, 595099/19, 03/10/2026, published.
Facts: A property owner, 28-41 Steinway LLC, hired a contractor to replace sewer pipes in the street. The contractor ordered the delivery of concrete from Corona Ready Mix Inc.
Julian Figueroa was a delivery worker for Corona. He suffered injuries at the wor...
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for a fall from a scaffold.
Case: Saquicela-Villa v. City of New York, No. 806091/23, 03/05/2026, published.
Facts: Lauro Saquicela-Villa fell from an elevated scaffold while working on a construction project for the City of New York.
According to Saquicela-Villa, the scaffold was shaky and unstable. He claimed it had no guardrails, no anchoring points allowing him to tie himself off, no hoists, and no other equipment to assist him and his co-workers in handing down wooden slabs to differe...
NJ - Court Revives Coverage Dispute, Sanctions Attorney Over AI-Cited Cases
A New Jersey appellate court on Friday reinstated a workers' compensation insurer’s coverage dispute after finding that a lower court improperly dismissed the case with prejudice, while also sanctioning the plaintiff’s attorney for citing nonexistent case law generated by artificial intelligence.
In Amtrust North America etc. v. Liberty Mutual Insurance Co., the New Jersey Superior Court Appellate Division said AmTrust North America could proceed with its declaratory judgment action, but only after correcting a key procedural error.
The disp...
The Utah Supreme Court on Thursday narrowed a long-standing rule barring employer liability waivers and revived a ski resort’s defense against negligence claims brought by two former employees injured in an off-duty accident.
In Deer Valley Resort Co. v. Olson, the court held that a more than century-old precedent invalidating employer waivers of liability applies only to work-related injuries, not to injuries sustained outside the scope of employment.
The case stems from a 2020 accident in which two ski resort employees, William Olson and Lark Pyper, were injured while ridin...
