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High Court: Exclusivity Applies Despite Dismissed Comp Claim

by David Schek | Feb 10, 2026 | Uncategorized

A unanimous Oklahoma Supreme Court held that exclusivity prohibits a man from suing his employer for negligence even after he dismissed his workers’ compensation claim.

James B. Faulkner suffered a traumatic…

Supreme Court Upholds Denial of Authorization for Worker’s Shoulder Surgery

by David Schek | Feb 10, 2026 | Uncategorized

A divided West Virginia Supreme Court upheld the denial of authorization for a worker’s requested shoulder surgery.

Case: Mayer v. City of Clarksburg, No. 25-576, 01/21/2026, published.

Facts: Frank Mayer worked for…

‘Made-Whole’ Doctrine Doesn’t Apply to Carrier’s Cross-Claims

by David Schek | Feb 10, 2026 | Uncategorized

The Wisconsin Court of Appeals ruled that the made-whole doctrine did not apply to the cross-claims asserted by an insurance carrier after it abandoned its original cross-claims based on subrogation.

Case:…

Summary Judgment Appropriate on Worker’s Labor Law Claims, Premature on 3rd-Party Claims

by David Schek | Feb 10, 2026 | Uncategorized

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claims against a property owner and its construction manager, but summary judgment…

Court Vacates Calculation of Worker’s AWW

by David Schek | Feb 10, 2026 | Uncategorized

The Colorado Court of Appeals vacated the calculation of an injured worker’s average weekly wage.

Case: Hargon v. Industrial Claim Appeals Office, No. 25CA0977, 01/22/2026, unpublished.

Facts: Mary D. Hargon worked as…

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