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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Brown v. Kirkpatrick Virginia Court of Appeals No. 1100-22-1 Decided: December 19, 2023 An insurance carrier’s waiver of subrogation rights does not divest the carrier of the right. Background In April 2022, a jury awarded Michael Brown a judgment for $286,000 against Timothy Kirkpatrick for damages arising from a… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Smith v. Warwick School District, et. al. (WCAB) Commonwealth Court of Pennsylvania No. 1241 C.D. 2021; No. 1240 C.D. 2021 Decided: December 20, 2023 Allegations of child abuse resulting in psychological injuries are not enough to establish an abnormal working condition. Background The Claimant, a teacher for the School… read more

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Soto v. Hoosier Care, Inc. New Jersey Superior Court No. A-0507-22, 2023 N.J. Super. Unpub. LEXIS 2254 (N.J. Super. Ct. App. Div. Dec. 11, 2023) Decided: December 11, 2023 An employee who worked and attended school can be eligible for temporary disability benefits after unemployment benefits are terminated…. read more

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary Freeland v. Dominion Mechanical Inc. Compensation Review Board CRB No. 23-055 Decided: January 3, 2024 The CRB holds that a claim for reimbursement for out of pocket expenses associated with the purchase of medical marijuana is contrary to Federal law and is therefore not permitted by the DC… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Frank R. Workman v. C.J. Hughes Intermediate Court of Appeals of West Virginia No. 23-ICA-261 Decided: December 27, 2023 Even if an employer has a strong case on the substantive merits, that case can be sabotaged by the employer’s failure to issue timely and appropriate orders relative to… read more