This Court Case Update—2020 Year-End Summary provides a look at some of the cases and decisions monitored by NCCI’s Legal Team in 2020, which may impact and shape the future of workers compensation (WC) across the states.
State and federal courts have begun to consider and decide COVID-19-related cases that could impact WC. For more information, visit NCCI’s COVID-19 Court Cases on the
COVID-19 Resource Center at
Stakeholders remain interested in cases addressing the challenges to WC exclusive remedy—providing employer immunity from injured employee tort suits.
Challenges to Third-Party Guides (AMA/ODG)
Since the Pennsylvania Supreme Court’s 2017 decision striking statutory use of the “most recent edition” of the
American Medical Association (AMA) Guides in Protz v. Workers Compensation Appeals Board, challenges to the use of the AMA Guides and other third-party guides have continued to surface in courts across the states.
Courts continue to actively review marijuana-related issues in WC and the workplace, with varying outcomes across the states.
Cases About Marijuana in Workers Compensation:
Cases About Marijuana and the Workplace:
Air Ambulance Reimbursement
To date, state and federal courts have largely found that the federal Airline Deregulation Act (ADA) preempts state WC laws and fee schedules. However, this year the Texas Supreme Court ruled that the ADA does not preempt a state’s “fair and reasonable” WC reimbursement standard.
Additional State and Federal Developments
State and federal courts across the country have been considering cases that could impact the workers compensation system.
State Cases (By Geographic Zone)Northeast
For more information on the cases monitored by NCCI’s Legal Division in 2020, visit previous Court Case Update editions and
Court Case Insights featured in the
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