Court Case Update, West Virginia - November 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseNov2023-WV.aspx | Court Case Update, West Virginia - November 2023 | Adam Levell and Annializ Lima Hevia | | November 28, 2023 | The Supreme Court of Appeals of West Virginia clarified that the increased-risk test may be used to determine whether injuries sustained by employees engaged in a neutral risk activity are compensable under workers compensation. | Article |
Top 10 Appellate Decisions During the 100 Years of NCCI | | https://www.ncci.com/Articles/Pages/Insights-Top10-Appellate-Decisions-During-100Yrs-NCCI.aspx | Top 10 Appellate Decisions During the 100 Years of NCCI | Thomas A. Robinson, J.D., M.Div. | | November 14, 2023 | In celebration of NCCI’s 100 years of service to the workers compensation system, this report highlights and discusses some of the truly significant workers compensation appellate decisions that have been handed down since 1923. | Article |
Court Case Update, Florida - November 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseNov2023-FL.aspx | Court Case Update, Florida - November 2023 | Adam Levell and Annializ Lima Hevia | | November 01, 2023 | A Florida appellate court addressed whether the spouse of a deceased firefighter could receive workers compensation death benefits in addition to other statutory benefits that are available to firefighters diagnosed with cancer. | Article |
Court Case Update, Kentucky - October 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseOct2023-KY.aspx | Court Case Update, Kentucky - October 2023 | Adam Levell and Annializ Lima Hevia | | October 04, 2023 | The Supreme Court of Kentucky addressed when a claimant should notify the employer of an impending coal workers’ pneumoconiosis claim. | Article |
Court Case Update, Idaho - September 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseSept2023-ID.aspx | Court Case Update, Idaho - September 2023 | Adam Levell and Annializ Lima Hevia | | September 27, 2023 | The Supreme Court of Idaho considered the issue of statutory employer immunity and third-party tort liability. | Article |
Court Case Update, Delaware and Kentucky - September 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseSept2023-DE-KY.aspx | Court Case Update, Delaware and Kentucky - September 2023 | Adam Levell and Annializ Lima Hevia | | September 08, 2023 | NCCI provides an update on court decisions in Delaware and Kentucky that may impact workers compensation in those states. | Article |
Court Case Update, Oregon - August 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseAug2023-OR.aspx | Court Case Update, Oregon - August 2023 | Adam Levell and Annializ Lima Hevia | | August 22, 2023 | The Court of Appeals of Oregon, for the first time, reviewed the standard that should be applied when employers seek to rebut the WC presumption that a firefighter’s contraction of certain types of cancer are caused by the employment. | Article |
Court Case Update, Michigan - August 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseAug2023-MI.aspx | Court Case Update, Michigan - August 2023 | Adam Levell and Annializ Lima Hevia | | August 03, 2023 | The Michigan Supreme Court adopted a new test to determine compensability for mental injuries. | Article |
Court Case Update, Oregon, California and Idaho - July 2023 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-OR-CA-ID-Jul2023.aspx | Court Case Update, Oregon, California and Idaho - July 2023 | Adam Levell and Annializ Lima Hevia | | July 17, 2023 | NCCI provides an update on court decisions in Oregon, California and Idaho that may impact workers compensation in those states. | Article |
Court Case Update Countrywide - April 2023 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-Countrywide-Apr2023.aspx | Court Case Update Countrywide - April 2023 | Adam Levell and Annializ Lima Hevia | | April 25, 2023 | NCCI’s Countrywide Court Case Update provides a look at some of the cases and decisions monitored by NCCI’s Legal Team that may impact workers compensation across the states. | Article |
Court Case Update, Pennsylvania - March 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseMar2023-PA.aspx | Court Case Update, Pennsylvania - March 2023 | Adam Levell and Annializ Lima Hevia | | March 24, 2023 | The Commonwealth Court of Pennsylvania considered whether an employer or workers compensation carrier may be required to reimburse an injured claimant for medical marijuana treatment costs. | Article |
Court Case Update, Kentucky - March 2023 | | https://www.ncci.com/Articles/Pages/Insights-CourtCaseMar2023-KY.aspx | Court Case Update, Kentucky - March 2023 | Adam Levell and Annializ Lima Hevia | | March 02, 2023 | The Supreme Court of Kentucky adopted for the first time the economic realities test to determine whether a worker is an employee or an independent contractor for purposes of workers compensation. | Article |
Court Case Update: Looking Back at 2022 | | https://www.ncci.com/Articles/Pages/Insights-CourtCase-Looking-Back-2022.aspx | Court Case Update: Looking Back at 2022 | Adam Levell and Annializ Lima Hevia | | February 06, 2023 | Provides a look at some of the cases and decisions monitored by NCCI’s Legal Team in 2022, which may impact and shape the future of workers compensation across the states. | Article |
Court Case Update, Montana - January 2023 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-MT-Jan2023.aspx | Court Case Update, Montana - January 2023 | Adam Levell and Annializ Lima Hevia | | January 13, 2023 | The Supreme Court of Montana clarified the permanent partial disability (PPD) benefit rate calculation for employees with concurrent jobs. | Article |
Court Case Update, Arizona - December 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-AZ-Dec2022.aspx | Court Case Update, Arizona - December 2022 | NCCI Insights | | December 01, 2022 | The Supreme Court of Arizona upheld the constitutionality of a WC statute that limits WC claims for mental illnesses. | Article |
Court Case Update, Countrywide - November 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-Countrywide-Nov2022.aspx | Court Case Update, Countrywide - November 2022 | NCCI Insights | | November 17, 2022 | NCCI’s Countrywide Court Case Update provides a look at some of the cases and decisions monitored by NCCI’s Legal Team that may impact workers compensation (WC) across the states. | Article |
Court Case Update, Florida - November 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-FL-Nov2022.aspx | Court Case Update, Florida - November 2022 | NCCI Insights | | November 14, 2022 | The Florida First District Court of Appeal ruled that the date used to determine whether a first responder is eligible for PTSD benefits under Florida statute 112.1815 is the date the PTSD led the claimant to quit her job and suffer wage loss. | Article |
Court Case Update, New Mexico - October 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-NM-Oct2022.aspx | Court Case Update, New Mexico - October 2022 | NCCI Insights | | October 21, 2022 | The Court of Appeals of New Mexico considered whether WC claimants must be fully reimbursed for their medical marijuana expenses used as treatment for a workplace injury. | Article |
Court Case Update, Alaska - October 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-AK-Oct2022.aspx | Court Case Update, Alaska - October 2022 | NCCI Insights | | October 05, 2022 | The Supreme Court of Alaska ruled that the Workers’ Compensation Appeals Commission can award enhanced attorney fees to successful claimants. | Article |
Court Case Update, Nebraska - September 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-NE-Sept2022.aspx | Court Case Update, Nebraska - September 2022 | NCCI Insights | | September 14, 2022 | The Supreme Court of Nebraska considered the application of WC exclusive remedy to an employee’s wrongful termination claim brought under the Nebraska Fair Employment Practice Act when the claim arose from a compensable work-related injury. | Article |
Court Case Update, South Dakota - August 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-SD-Aug2022.aspx | Court Case Update, South Dakota - August 2022 | NCCI Insights | | August 22, 2022 | The South Dakota Supreme Court clarified that under the intentional tort exception to WC exclusive remedy employees must prove that it was substantially certain that the work-related injuries would occur as a result of the employer’s conduct. | Article |
Court Case Update Countrywide - July 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase-Update-Countrywide-Jul2022.aspx | Court Case Update Countrywide - July 2022 | NCCI Insights | | July 28, 2022 | NCCI’s Countrywide Court Case Update provides a look at some of the cases and decisions monitored by NCCI’s Legal Team that may impact workers compensation (WC) across the states. | Article |
Court Case Update, Federal - June 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-Federal-June2022.aspx | Court Case Update, Federal - June 2022 | NCCI Insights | | June 28, 2022 | The US Supreme Court declared unconstitutional a 2018 Washington WC statute that created a presumption of compensability for certain types of diseases contracted by federal contractors working at a nuclear cleanup site. | Article |
Court Case Update, Iowa - June 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-IA-June2022.aspx | Court Case Update, Iowa - June 2022 | NCCI Insights | | June 10, 2022 | The Supreme Court of Iowa clarified the standard to be used to determine whether an emergency dispatcher’s mental injury is compensable in workers compensation. | Article |
Court Case Update, Kansas and Wisconsin - May 2022 | | https://www.ncci.com/Articles/Pages/Insights_CourtCase_Update-KS-WI-May2022.aspx | Court Case Update, Kansas and Wisconsin - May 2022 | NCCI Insights | | May 24, 2022 | NCCI provides an update on decisions in Kansas and Wisconsin that may impact workers compensation in those states. | Article |