NJ - Worker Can't Pursue Damages for Injuries as Part of Discrimination Claim
09/24/2026 | 0
The New Jersey Superior Court’s Appellate Division overturned a judge’s order allowing an injured worker to pursue damages from his employer for a work-related injury as part of his claim that his employer discriminated against him because of the injury and his pursuit of workers’ compensation benefits.
Dane Haskins worked for Ekornes Inc. He filed a workers’ compensation claim for a shoulder injury from December 2020.
Ekornes settled the claim in November 2022. Under the terms of the agreement, Haskins received $85,995 in permanent disability benefits.
In January 20
Read More
The West Virginia Supreme Court upheld an award of attorney fees to a worker, finding that an administrator’s failure to include a back strain as a compensable component of the claim was unreasonable.
Case: Stonerise Healthcare v. Dewitt, No. 26-208. 09/22/2026, published.
Facts: Kimberly Dewitt worked for Stonerise Healthcare. She saw Dr. Lindsay Weglinski in October 2023 with complaints of pain in her knee and back.
Dewitt reported that she had tripped at work on an uneven floor and landed on her left knee.
Weglinski diagnosed a contusion of the left knee and a back strain. She rel
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his alleged injuries from a fall from a ladder.
Case: Nunez v. Trustees of Columbia University, No. 2025-11616, 09/16/2026, published.
Facts: Guillermo Nunez allegedly was injured while working in an apartment building owned by the Trustees of Columbia University.
Nunez claimed that he was applying a finishing coat of plaster to the ceiling when a ladder he was using moved and he fell.
Procedural history: Nunez filed suit against the trustees, asserting a claim for a violatio
NE - Court Upholds Denial of Worker's Second Shoulder Injury Claim
A Nebraska appeals court on Tuesday upheld the denial of workers' compensation benefits for a Smithfield Foods Inc. employee who claimed she injured her left shoulder by relying on that arm to compensate for limitations caused by a work-related right shoulder injury.
Thuraiya Alhatel worked as a bacon arranger at Smithfield’s food processing plant in Crete, Nebraska. She sustained a compensable right shoulder injury in 2020 and underwent surgery in January 2021 before returning to modified duties, according to Thuraiya Alhatel v. Smithfield Foods Inc., an unpublished decision f
SAN DIEGO, Calif. (September 11, 2026) On the 25th anniversary of September 11, Health & Safety Leadership Alliance and Institutes of Health (IOH) today issued five recommendations designed to reduce delays between a first responder's request for help and the start of coordinated treatment.
First responders are trained to take control of emergencies and keep functioning under pressure so they can protect others. Asking
Two reports indicate that workers’ comp medical costs in California are climbing. That’s important for two reasons:
The Golden State accounts for about one of every five work comp premium/equivalent dollars.
Trends tend to start/grow in California (unlisted codes, physician dispensing, cumulative trauma, patient harvesting) and work their way eastward.
That said, remember that three of California’s cost drivers are unique to the state.
Earlier this month, the Workers Compensation Research Institute released a report indicating that
A New York appellate court upheld a finding that an injured worker was not entitled to permanent total disability benefits.
Case: Matter of Alexander v. New York City Department of Homeless Services, No. CV-25-1005, 09/17/2026, published.
Facts and procedural history: William Alexander worked for the New York City Department of Homeless Services. He suffered injuries at work in April 2020 and established a workers’ compensation claim for injuries to his left hip, left knee and back.
A workers’ compensation law judge denied Alexander’s claim for permanent total disabili
A Texas appellate court ruled that a worker injured in a motor vehicle accident failed to establish the intentional injury exception to exclusivity.
Roberto Huerta worked for Swabco Inc. On Oct. 26, 2021, he and a co-worker, Rafael Mendoza, were traveling in a Swabco truck along Highway 181 when the truck veered off the road and crashed.
Huerta alleged that before the accident, he “reported experiencing problems with the vehicle’s suspension to his supervisor — both orally and by text message — and expressed concern that continuing to use the vehicle in that cond
A federal appellate court rejected a petition by a worker seeking a higher fee award for his attorney.
Case: Hill v. OWCP, No. 24-7861, 09/18/2026, unpublished.
Facts and procedural history: Jerry Hill hired attorney Charles Robinowitz to pursue a claim under the Longshore and Harbor Workers’ Compensation Act.
Robinowitz secured an award for Hill, then sought fees for his services calculated at an hourly rate of $675.
An administrative law judge awarded fees at an hourly rate of $617. The Benefits Review Board affirmed.
Analysis: The U.S. 9th Circuit Court of Appeals said an AL
A New York appellate court upheld a determination that a worker who fell into a hole after unknowingly removing its cover was not entitled to summary judgment on her Labor Law claims.
Case: Jacobs v. March Construction/Consulting, No. 2024-09020, 09/16/2026, published.
Facts: Lillian Jacobs allegedly suffered injuries while working at a construction site, cleaning a parking area. While sweeping on the ground floor, Jacobs saw a piece of wood that she believed was debris, picked it up and uncovered an approximately 10-foot hole. She then fell in.
Procedural history: Jacob
SACRAMENTO, CA – The Association of Workers' Compensation Professionals (AWCP), Northern California's premier Workers' Compensation association, announces a call for nominations to fill five positions on the AWCP Board of Directors beginning January 1, 2027. The vacant positions include two Board of Directors, President, Vice President
The Washington State Department of Labor & Industries proposes a 4.9% increase in the average hourly rate paid for workers’ compensation insurance in 2027.
The increase would raise the cost of coverage by about $1.44 a week per full-time employee. Employers pay about 75% of the premium, and workers pay the remainder.
L&I cited the rising cost of wage replacement and medical benefits to workers injured on the job or who develop a work-related illness.
L&I does not intend to pass on the full increase to employers and workers;
The Workers Compensation Research Institute has set a free, 30-minute webinar for Oct. 15 to explore the drivers of medical payment growth in recent years across 27 states.
The session will address key questions, including:
How did changes in prices and utilization contribute to recent changes in medical payments per claim?
What other factors may have contributed to growth in medical payments per claim across most states?
The findings from WCRI's CompScope Medical Benchmarks, 2026 Edition reflect the experience of non-COVID-19 claims through March 2025.
T
The Ohio Bureau of Workers’ Compensation has set executive meetings for Thursday and Friday.
On Thursday, the Workers' Compensation Board meets from 10 a.m. to 3:45 p.m. The committee schedule is as follows:
Investment Committee, 10 a.m.-noon.
Actuarial Committee, 12:45 p.m.-1:15 p.m.
Audit Committee, 1:25 p.m.-2:10 p.m.
Medical Services and Safety Committee, 2:20 p.m.-3:10 p.m.
Governance Committee, 3:15 p.m.- 3:45 p.m.
The board meets in Room 3 on Level 2 of the William Green Building, 30 W. Spring St., Columbus. Please allow f
The Workers Compensation Research Institute says Pennsylvania's medical costs per claim rose by 11% in 2025, according to a recent study.
“This is the third consecutive year of growth in medical costs in Pennsylvania,” said Sebastian Negrusa, WCRI vice president of research. “Rising medical prices, partly driven by increases to the state’s fee schedule, have been a key factor here.”
The report, CompScope Medical Benchmarks for Pennsylvania, 2026 Edition, helps system stakeholders identify cost drivers and trends in medical payments, p
A Texas appellate court ruled that a trial judge erred in denying an employer’s motion to abate and compel arbitration of a mother’s civil claims arising from the fatal shooting of her son at work.
On the evening of May 13, 2023, Jose Gomez loaned his vehicle to his relatives, Angel Gomez, 20, and Ashley Gomez, 18, to pick up their 12-year-old nephew.
After picking up their nephew, Angel and Ashley drove to a gas station, where they purchased alcohol, then proceeded to the Sonic Drive-In in Keene.
At the Sonic restaurant, Angel Gomez urinated in the dimly lit back parking lot of
The Nevada Supreme Court upheld the dismissal of a worker’s legal malpractice claim against a law firm over an attorney’s allegedly negligent settlement of her civil suit arising from an injury sustained while she was receiving treatment for a compensable injury.
Case: Harper v. Law Offices of Bruce G. Fagel, No. 88807, 09/15/2026, published.
Facts: Daria Harper sustained a work-related injury in Arizona in 2014. CopperPoint Mutual Insurance Co. provided workers’ compensation coverage for her employer, and it accepted liability for medical treatment.
Harper underwent a pro
The Nevada Court of Appeals ruled that a juvenile probation officer suffered compensable injuries by accident during a use-of-force incident while on duty.
Case: Clark County v. Joiner, No. 90447-COA, 09/16/2026, published.
Facts: Jacqueline Joiner was a juvenile probation officer for Clark County. She was involved in a use-of-force incident with a 230-pound juvenile while on duty in August 2022.
After the incident, Joiner complained of pain in her left foot, right knee and lower back. She also said she had a headache.
Joiner completed a report related to the incident, then lost consc
