Workers' Compensation

Apr 1, 2026

Workers’ Compensation-Federal Employer’s Liability Act-Contributory Negligence

Plaintiff appealed the jury’s verdict that found him 70 percent at fault for injuries he sustained in a work accident while employed by BNSF Railway Company. Plaintiff filed suit under the Federal Employer’s Liability Act. Over […]

Mar 18, 2026

Workers’ Compensation-Asbestos Exposure-Exclusivity Defense

Plaintiff appealed the judgment in favor of defendant in plaintiff’s personal injury complaint, which alleged that she contracted mesothelioma due to asbestos exposure during her employment with defendant’s predecessor. Plaintiff […]

Dec 4, 2025

Workers’ Compensation-Medical Fee Dispute-Burden of Proof

Appellants appealed the final award of the Labor and Industrial Relations Commission that resolved the parties’ medical fee dispute. Appellants argued that because the legislature required strict construction of the […]

Nov 5, 2025

Workers’ Compensation-Denial of Benefits-COVID-19 Injection

Plaintiff appealed the denial of his claim for workers’ compensation benefits for a COVID-19 infection and alleged resulting disabilities from his employer. Plaintiff argued that the commission erred in its decision that […]

Oct 29, 2025

Workers’ Compensation: Retaliation-Denial of New Trial or Remittitur

Defendant appealed the trial court’s denial of its motion for directed verdict and JNOV, arguing that plaintiff to present sufficient evidence to prove that her workers’ compensation claim was the […]

Oct 22, 2025

Workers’ Compensation-Second Injury Fund-Dismissal of Claim

Plaintiff appealed the Labor and Industrial Relations Commission’s dismissal of his application of review of an ALJ’s dismissal of plaintiff’s claim against the Second Injury Fund, which the commission determined […]

Sep 24, 2025

Workers’ Compensation-Second Injury Fund-Permanent and Total Disability

Claimant appealed the commission’s decision affirming an ALJ’s decision finding the Second Injury Fund not liable for permanent and total disability benefits. Claimant argued that the commission erred in finding […]

Jul 14, 2025

Workers’ Compensation-Second Injury Fund Claim-Enhanced Permanent Partial Disability Award

Petitioner appealed the Labor and Industrial Relations Commission’s denial of his claim against the Second Injury Fund. Petitioner argued that the commission erred in denying permanent total disability benefits by […]

Jun 23, 2025

Workers’ Compensation-Permanent Total Disability Benefit-Preexisting Disability

The Second Injury Fund appealed the Labor and Industrial Relations Commission’s decision awarding permanent total disability benefits to petitioner for his chest injury in combination with disabilities resulting from a […]

May 28, 2025

Workers’ Compensation-Second Injury Fund-Qualifying Disability

Plaintiff appealed the Labor and Industrial Relations Commissions denying his claim against the Second Injury Fund. The Commission decided that although plaintiff was permanently and totally disabled, he failed to […]

May 14, 2025

Workers’ Compensation-Independent Contractor-Liability for Injuries-Statutory Employer

Plaintiff appealed the grant of summary judgment to defendant. Plaintiff was injured while repairing machinery at defendant’s plant that was installed by plaintiff’s employer after falling into a vat of […]

Apr 9, 2025

Workers’ Compensation-Work Accident as Primary Cause-Sufficiency of Evidence

Claimant appealed the denial of his workers’ compensation claim based on the finding that his work-related accident was not the prevailing factor in his disability. Claimant argued that the Labor […]