CA - Exclusivity Bars Tort Claims for Asbestos Exposure
02/19/2026 | 0
Workers' compensation is the exclusive remedy for workers suing San Diego and a city official for injuries they allegedly suffered after being exposed to asbestos, a California appellate court held.
The 4th District Court of Appeal, in an unpublished decision handed down Tuesday, rejected the argument that the lawsuit fits an exception to exclusivity for cases where the employer concealed the existence of injuries and the connection to employment.
A group of San Diego employees sued the city, alleging that it intentionally exposed them to asbestos and concealed the extent of the ex...
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The Michigan Court of Appeals ruled that as long as a workers’ compensation insurance carrier has a good-faith ground for disputing coverage for a medical provider’s services, and the provider is paid by the Centers for Medicare and Medicaid Services, the provider does not have a viable private cause of action against the carrier for double damages under the Medicare Secondary Payer Act.
Case: Bronson Healthcare Group Inc. v. Conifer Insurance Co., No. 368812 and 368816, 02/02/2026, published.
Facts: Conifer Insurance Co. provided workers' compensation insurance to the F...
A New York appellate court ruled that a worker struck by a falling concrete form was entitled to summary judgment on his Labor Law claim and that the general contractor for the project was entitled to summary judgment dismissing part of the worker’s claim against it.
Case: Coronel v. Marcal Contracting Co. LLC, No. 34145/20, 02/03/2026, published.
Facts: Nelson Guadalupe Coronel worked as a carpenter for Capital Concrete NY Inc. He suffered injuries while working on a construction project when a concrete form came off the wall and fell on top of him from a height of approximately ...
A divided Virginia Court of Appeals ruled that workers’ compensation exclusivity barred a worker from pursuing a civil suit against his statutory co-employees.
Case: Villarroel v. Railing Systems LLC, No. 1572-24-4, 02/03/2026, unpublished.
Facts: Ronald Villarroel worked for Pristine Home Services. He suffered injuries while working on a residential construction project in 2021 when he stepped on a window well egress grate, which gave way, causing him to fall.
Procedural history: Villarroel filed suit against Railing Systems LLC, arguing that it created a dangerous condition by faili...
Approximately 135 million viewers around the world tuned in to watch the New England Patriots (again!) take on the Seattle Seahawks at Levi’s Stadium in Santa Clara for Super Bowl LX.
Why is this relevant to California workers’ comp?
Glad you asked.
Historically, any football player (or pro basketball player, baseball player, etc.) who had even the slightest contact with California (such as playing in a Super Bowl in Santa Clara) would, at the end of his career, file a CT in California running from the day he became a player to the last time he hung up hi...
West Virginia’s Intermediate Court of Appeals vacated an award of 0% permanent partial disability to a longtime mine worker, finding the Board of Review failed to adequately consider and analyze the evidence in the claim.
Case: Smallwood v. Brooks Run South Mining LLC, No. 25-ICA-225, 02/03/2026, published.
Facts: Terry Smallwood filed a workers’ compensation claim, asserting he had 41 years of exposure to the hazards of occupational pneumoconiosis, ending with his employment with Brooks Run South Mining LLC.
Dr. Daniel Doyle signed a report confirming that Smallwood had occupat...
The Washington Senate passed a bill that would declare the intent of the Legislature to increase access to medical treatment and allow individualized determinations about the necessity of treatment for workplace injuries and occupational diseases.
SB 5847 would clarify that existing requirements for providers to adhere to specific treatment guidelines and policies would apply only when medically appropriate.
Providers who are part of the L&I network must agree to follow national treatment guidelines, evidence-based treatment guidelines promulgated by the Department of Labor and Ind...
The Virginia House of Delegates unanimously passed a bill that would provide workers' compensation coverage for the exacerbation of preexisting mental health conditions without an accompanying physical injury for law enforcement and firefighters.
The House on Tuesday voted 97-0 to pass HB 1313, which would clarify that coverage for so-called "mental-mental" claims also includes worsening of a preexisting disorder.
Legislation enacted in 2020 allowed claims for post-traumatic stress disorder, anxiety disorder or depressive disorder without a physical injury when a firefighter or...
A sweeping workers' compensation reform bill backed by labor and management promising higher benefits, expanded coverage for first responder mental health claims and stiffer penalties for businesses that operate without insurance, is heading to the desk of Wisconsin Gov. Tony Evers.
The agreed-upon reforms in AB 651 would also reverse a state high court decision allowing stacking disability percentages, and would clarify that the 12-year filing deadline for occupational disease claims can't be tolled indefinitely.
AB 651 would increase the maximum permanent partial disability be...
The Illinois Appellate Court upheld an award of benefits for a worker with a prior back injury, finding his current condition was caused by a car accident while working for his new employer.
Case: Engler, Meier & Justus v. Barickello, No. 20-L-050410, 01/30/2026, unpublished.
Facts: John Barickello injured his low back in September 2009 while working for Precision Pipeline LLC.
Barickello received medical treatment from Dr. Martin Herman and underwent back surgery in 2011. He also received pain management treatment from Dr. Zaki Anwar.
In September 2012, Barickello and Precision entere...
The Commonwealth Court of Pennsylvania upheld the denial of line-of-duty disability benefits under the Emergency and Law Enforcement Personnel Death Benefits Act for the death of a firefighter from metastatic colon cancer.
Case: Estate of Tratthen v. Department of General Services, No. 1089 C.D. 2024, 02/02/2026, published.
Facts: Thomas R. Tratthen began working as a volunteer firefighter in the early 1990s. He also worked as a full-time paid firefighter for Dunmore Borough from 2000 to 2007, and then as a part-time paid firefighter for Dunmore Borough until he was diagnosed with metastatic...
West Virginia’s Intermediate Court of Appeals upheld an award of benefits for a worker’s hearing loss from the employer prior to his current one.
Case: Altivia Services LLC v. Boster, No. 25-ICA-206, 02/03/2026, published.
Facts and procedural history: James Boster filed a claim for occupational hearing loss in March 2023.
Boster reported exposure to excessive noise while working for Rhone-Poulenc/Union Carbide from 1987 to 1996; for Aventis from 1996 to 2011; for Bayer CropScience from 2000 to 2011; for Dow Chemical from 2011 to 2019; and as an operator for Altivia Service...
A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing part of a claim against it.
Case: Lacruise v. Memorial Sloan-Kettering Cancer Center, No. 150195/19, 01/29/2026, published.
Facts: Anthony Lacruise was working at a construction site at a building owned by the Memorial Sloan-Kettering Cancer Center when his foreman instructed him to work at an outdoor roof setback on the 20th floor.
As Lacruise was walking to the work area, he tripped and fell when he stepped into an uncovered drainage hole that was located in the roof setback.
...
An asbestos-removal contractor faces a stiff fine for knowingly exposing its workers to hazardous materials even though it told state workplace inspectors that a heavily contaminated jobsite was safe.
Seattle Environmental Services LLC was cited in late January for violating more than a dozen rules regarding the safe handling of asbestos, putting workers at serious risk of harm. The company faces more than $200,000 in fines, according to the Washington State Department of Labor and Industries.
L&I inspectors checked on a Belleview home demolition project in ...
The U.S. Department of Labor issued guidance outlining how it will calculate required security deposits for insurers under the Longshore and Harbor Workers’ Compensation Act, describing the move as regulatory relief through greater transparency.
The guidance does not amend existing regulations. Instead, it formalizes a structured evaluation framework based on credit-rating tiers and other financial metrics that the agency will use when determining collateral requirements.
"This guidance establishes a rubric which allows [the Office of Workers' Compensation Programs] to ad...
The National Council on Compensation Insurance opened registration for its 2026 Annual Insights Symposium, being held May 11-13 at the JW Marriott Grande Lakes in Orlando, Florida.
NCCI Chief Actuary Donna Glenn will deliver the annual state-of-the-line report analyzing the latest workers’ compensation financial indicators, trends and cost drivers.
Additional sessions will include a review of the economy and its impact on workers' compensation, a deep dive into demographics and injury patterns, and a session on navigating medical severity and claim outcomes, NCCI said.
There w...
