NCCI Court Case Update: Looking Back at 2024

By Annializ Lima Hevia and Adam Levell

Since first published in 2018, NCCI's Court Case Update has provided stakeholders with important and timely information on relevant workers compensation (WC) decisions that have impacted and shaped the system, reporting on over 290 cases to date.

In 2024, NCCI's Legal Team reported on court decisions that considered familiar topics such as exclusive remedy, COVID-19, first responder presumptions, marijuana, independent contractor, and other state-specific developments.

This report groups by topic and provides a high-level overview of cases reported on in 2024 and cases decided in December 2024 but reported on in January 2025.

Exclusive remedy—providing immunity to employers from employee tort suits for work-related injuries covered by WC—has been a closely watched topic among WC stakeholders for several years and will likely continue to be in 2025 and for years to come. In 2024, we reported on decisions addressing the applicability and exceptions to exclusive remedy.

• California—Liability for Rendering Care to Injured Employee, Jimenez v. Mrs. Gooch's Natural Food Markets, Inc. (California Court of Appeal, Second District)
• California—Injuries Sustained While Traveling From Work, Jones v. The Regents of the University of California (California Court of Appeal, Fourth District)
• Kentucky—Traveling Employee Exception to the Coming and Going Rule,W.G. Yates & Sons Construction Co. v. Harvey (Supreme Court of Kentucky)
• Mississippi— Contractor's Tort Immunity for Injuries Suffered by Subcontractors, Harris v. Hemphill Construction Co. (Supreme Court of Mississippi)
• Nebraska—Intentional Tort Exception, Lopez v. Catholic Charities of the Archdiocese of Omaha (Supreme Court of Nebraska)

With the onset of the COVID-19 pandemic in 2020, NCCI began monitoring COVID-19 cases that could have implications for the WC system. Cases reported on to date, including in 2024, have dealt with issues surrounding compensability from the alleged contraction of COVID-19 at work or the application of exclusive remedy where employees contract COVID-19 and sue their employers in tort. Looking forward, NCCI will continue to monitor and report on COVID-19-related decisions that may be impactful to WC.

• Colorado—COVID-19 as Occupational Disease, Life Care Centers of America v. Industrial Claims Appeals Office (Colorado Court of Appeals, Division VII)
• Kentucky—COVID-19 Compensability, Norton Healthcare v. Murphy (Court of Appeals of Kentucky)
• Nebraska—COVID-19 as an Occupational Disease or Ordinary Disease of Life, Thiele v. Select Medical Corporation (Supreme Court of Nebraska)
• West Virginia—COVID-19 and Subsequent Medical Conditions, Stalnaker v. West Virginia University (Intermediate Appellate Court of Appeals of West Virginia)

In the last decade, many states have enacted laws that create WC presumptions that certain injuries or diseases suffered by first responders arise in the course and scope of employment. In 2024, NCCI reported on the following cases that considered issues surrounding the application of first responder presumption laws.

• Arizona—Applicable Statutory Presumption, Krol v. The Industrial Commission of Arizona (Arizona Court of Appeals)
• Florida—Heart Disease Presumption, North Collier Fire Control and Rescue District v. Harlem (District Court of Appeal of Florida, First District)
• Texas—Applicability of Cancer Presumption, City of Stephenville v. Belew (Court of Appeals of Texas, Eastland)

Marijuana legalization at the state and federal levels, and the potential implications for WC, has been a hot topic for several years. Considerations related to legalization of marijuana are likely to be ongoing in 2025 as stakeholders monitor whether the federal government will move forward with the reclassification of marijuana from schedule I to schedule III of the Controlled Substances Act. In 2024, NCCI reported on an appellate court decision addressing the issue of WC reimbursement for CBD oil.

• Pennsylvania—CBD Oil Reimbursement, Schmidt v. Schmidt, Kirifides and Rassias, PC (Commonwealth Court of Pennsylvania)

The classification of workers as employees or independent contractors was a topic of interest in 2024. In 2024, the Department of Labor published a final rule on how to determine who is an employee or an independent contractor under the Fair Labor Standards Act. With the rise of the gig economy, state legislatures have been considering whether certain types of workers should be classified as employees or independent contractors. Last year, NCCI reported on a court decision addressing the issue of independent contractors and WC benefits.

• Louisiana—WC Benefits for Independent Contractors, Rosales v. American Liberty Insurance Co. (Louisiana Court of Appeal, Fifth Circuit)

Additional State and Federal Developments

Across the states, courts remained engaged in cases that could impact the WC system and its stakeholders. These cases have addressed issues such as calculation of and entitlement to benefits, compensability, attorney fees, application of the AMA Guides, and subrogation, to mention a few. NCCI will continue monitoring and reporting on cases surrounding these issues and more in 2025.

Northeastern Zone Cases

• Connecticut—Cancellation of a WC Policy, Napolitano v. Ace American Insurance Co. (Connecticut Supreme Court)
• Connecticut—Entitlement to Total Incapacity Benefits, Cochran v. Dept. of Transportation (Connecticut Supreme Court)
• Connecticut—Entitlement to Total Incapacity Benefits, Martinoli v. Stamford Police Dept. (Connecticut Supreme Court)
• Maine—Accrual of Interest on Benefits, Michaud v. Caribou Ford-Mercury, Inc. (Supreme Judicial Court of Maine)
• Maryland—Attorney Fees, In the Matter of Zukowski (Appellate Court of Maryland)
• New Jersey—Authorized Vehicle Rule, Keim v. Above All Termite & Pest Control (Supreme Court of New Jersey)
• Pennsylvania—Rejection of the Method Used in Calculating Pharmaceutical Reimbursements, Federated Insurance Company v. Summit Pharmacy (The Commonwealth Court of Pennsylvania)

Southeastern Zone Cases

• Alabama—Constitutionality of the Workers' Compensation Act, Crenshaw v. Sonic Drive in of Greenville, Inc. (Supreme Court of Alabama)
• Florida—Timeliness of a Claim for Benefits, Ortiz v. Winn-Dixie Inc. (Florida First District Court of Appeal)
• Florida—Compensability for Third-Party Acts, Normandy Insurance Company v. Bouayad (District Court of Appeal of Florida, First District)
• Mississippi—Rescission of WC Policy, American Compensation Insurance Co. v. Ruiz (Supreme Court of Mississippi)
• North Carolina—Total Loss of Wage-Earning Capacity, Sturvidant v. North Carolina Department of Public Safety (Supreme Court of North Carolina)
• North Carolina—Compensability for Medical Treatment, Kluttz-Ellison v. Noah's Playloft Preschool (Supreme Court of North Carolina)
• South Carolina—Statutory Review Process for WC Claims, Davis v. S.C. Department of Corrections (Supreme Court of South Carolina)
• West Virginia—Apportionment of Benefits, Logan-Mingo Area Mental Health, Inc. v. Lester (Supreme Court of Appeals of West Virginia)
• West Virginia—Apportionment of Disability Awards, Duff v. Kanawha County Commission (Supreme Court of Appeals of West Virginia)

Midwestern Zone Cases

• Iowa—Calculation of Average Weekly Wage (AWW), Hermanstorfer v. Lennox Industries Inc. (Court of Appeals of Iowa)
• Iowa—Liability of the Second Injury Fund, Second Injury Fund of Iowa v. Strable (Iowa Supreme Court)
• Iowa—Entitlement to Death Benefits, Linnhaven Inc. v. Blasdell (Iowa Court of Appeals)
• Iowa—Scheduled and Unscheduled Injuries, Bridgestone Americas, Inc. v. Anderson (Supreme Court of Iowa)
• Kansas—Competent Medical Evidence and the American Medical Association (AMA) Guides, Weaver v. Unified Government of Wyandotte County (Court of Appeals of Kansas)
• Missouri—Jurisdiction Over Medical Fee Disputes, Orthopedic Ambulatory Surgery Center of Chesterfield, LLC v. Sharpe Holdings, Inc. (Court of Appeals of Missouri, Eastern District)
• Oklahoma—Applicability of Statutory Cap on Permanent Partial Disability Benefits, Cantwell v. Flex-N-Gate, Inc. (Supreme Court of Oklahoma)

Western Zone Cases

• Colorado—Employee's Entitlement to Uninsured/Underinsured Benefits, Klabon v. Travelers Property Casualty Co. of America (Supreme Court of Colorado)
• Colorado—Scope of Division Independent Medical Examination, Peitz v. Industrial Claim Appeals Office (Colorado Court of Appeals, Division VI)
• Hawaii—WC Insurer's Right to Pursue Claims Against Third-Party Tortfeasor, Park v. City and County of Honolulu (Supreme Court of Hawaii)
• Idaho—Medical Benefit Payments, Thompson v. Burley Inn, Inc. (Supreme Court of Idaho)
• Nevada—Insurer's Right to Subrogation, Amtrust North America, Inc. v. Vasquez (Supreme Court of Nevada)
• New Mexico—Compensation for Secondary Mental Impairment, Aztec Municipal Schools v. Cardenas (Supreme Court of New Mexico)
• Utah—Injuries Resulting From Idiopathic Falls, Ackley v. Labor Commission (Utah Court of Appeals)

For more information on these and other cases, visit INSIGHTS.

​This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.

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