Workers Compensation Cases
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Workers Compensation

PennsylvaniaEmploymentWorkers Compensation
Commonwealth Court of Pennsylvania
Uncategorized

Giant Eagle v. Baker — Brevity of a Mandatory 15-Minute Break Keeps Injured Worker Within Course of Employment

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The Commonwealth Court of Pennsylvania, sitting en banc, affirmed a workers’ compensation award in a 4-3 decision, holding that a pharmacy tech struck by a vehicle while crossing the street during a mandatory 15-minute break was in the course of employment—because the break’s brevity diminished the autonomy it conferred and left her time only for an act of ministration. The majority recast Pennsylvania’s personal comfort doctrine as a continuum of factors rather than a binary formal/informal distinction, a reading three dissenters characterized as abandoning over a century of settled precedent.

PennsylvaniaAppellate ProcedureWorkers Compensation
Commonwealth Court of Pennsylvania
Uncategorized

Niculcea v. Susquehanna Valley NRC (WCAB) — Substantial Evidence Supports WCJ Credibility Determination; Capricious Disregard Standard Applied to Pro Se Workers’ Comp Appeal

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The Commonwealth Court affirmed denial of workers’ compensation benefits to a pro se claimant, holding that substantial evidence supported the WCJ’s credibility determinations and that rejecting a claimant’s medical evidence is not capricious disregard — and rejecting the employer’s motion to quash under the post-2014 version of Pa.R.A.P. 1513.

WyomingAdministrative LawWorkers Compensation
Wyoming Supreme Court
Uncategorized

McDonald v. State — Wyoming Supreme Court Upholds Denial of Workers’ Compensation Benefits for Depakote-Induced Pancreatitis

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The Wyoming Supreme Court affirmed the Medical Commission’s denial of workers’ compensation benefits to a claimant who developed pancreatitis after a Depakote dosage increase prescribed for migraines caused by his 2014 compensable head injury, holding that a numerical majority of supporting experts does not satisfy the preponderance-of-the-evidence standard and that the Commission acted within its discretion in rejecting an expert’s causation opinion premised on a dosing timeline contradicted by the claimant’s own testimony.

New YorkInsurance CoverageLabor LawScaffold Law
Appellate Division, First Department
Uncategorized

Santacruz v. 58 Gerry St. LLC — First Department Parses Multi-Party Scaffold Law Liability, Anti-Subrogation Doctrine, and Workers’ Compensation Bar

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The Appellate Division, First Department modified a multi-party construction accident ruling, addressing Labor Law § 240(1), § 241(6), and § 200 claims alongside complex third-party indemnification issues including the anti-subrogation doctrine and the Workers’ Compensation Law § 11 grave-injury bar.

WyomingEmploymentPersonal Injury & TortWorkers Compensation
Wyoming Supreme Court
Uncategorized

Courtney v. Meyer — Safety Rule Violations Without Particularized Knowledge of Harm Do Not Establish Co-Employee Willful and Wanton Misconduct

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The Wyoming Supreme Court affirmed summary judgment for a garbage-truck co-employee whose activation of lift arms—from the passenger seat, without seeing where his injured colleague was standing—caused serious hand injuries, holding that multiple safety-rule violations and a poor post-accident response do not establish the particularized knowledge of highly probable harm required to pierce co-employee immunity under the Wyoming Worker’s Compensation Act.

New YorkLabor LawPersonal Injury & TortScaffold Law
Appellate Division, First Department
Uncategorized

Martin v. Poe Affiliates — Shared Insurance and Co-Location Do Not Make Entities Alter Egos for Workers’ Comp Exclusivity

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First Department affirms Labor Law § 240(1) summary judgment and rejects a Workers’ Compensation exclusivity defense, holding that shared insurance and the same building location do not prove alter ego status between a property owner, manager, and general contractor.

Texasanti-slappdefamationEmployment
Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
Uncategorized

Baseline Energy Services v. Martin — TCPA Requires Dismissal of Libel Claim Based on TWC Statements When Employee Presents No Evidence in Response

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The Thirteenth Court of Appeals reversed the denial of Baseline Energy’s TCPA motion to dismiss a libel claim based on statements made to the Texas Workforce Commission, holding that TWC communications implicate the right to petition and that an employee’s failure to present any evidence in response to the motion required dismissal of the libel claim.

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