CA - Court: Carrier's Conversion Claim Fails Without Adjudication of Comparative Negligence
10/02/2026 | 0
A workers' compensation carrier cannot pursue conversion and related claims to recover a disputed lien from an injured worker's third-party settlement before the employer's comparative negligence has been adjudicated, a California appellate court ruled.
The 3rd Appellate District Court of Appeal, in affirming a trial court decision granting summary judgment in favor of Guadalupe Reyes-Cano on Wednesday, explained that a determination of the employer's liability was a necessary prerequisite to determine what, if anything, he was required to pay Federal Insurance Co.
"The
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An Ohio appellate court upheld a determination that a worker was not entitled to an enhanced award of benefits for his employer’s alleged violation of a specific safety regulation, resulting in his electric shock injury.
Case: State ex rel. Mattox v. Industrial Commission, No. 24AP-703, 09/29/2026, published.
Facts: Andrew Mattox worked for Armstrong Utilities Inc. In August 2021, Mattox was working in a wooded area stringing fiber-optic cable onto wooden telephone poles as part of Armstrong’s conversion of its network from coaxial cable.
Mattox was working in a bucket truck, an
The New Hampshire Supreme Court ruled that an insurance carrier was not entitled to reimbursement from the Special Fund for Second Injuries for the benefits paid to an injured worker.
Case: Appeal of the Commissioner of the New Hampshire Department of Labor, No. 2025-0503, 09/30/2026, unpublished.
Facts: ESIS Inc. provided workers’ compensation insurance coverage to BAE Systems Inc. It paid benefits to a BAE employee who suffered a back injury at work and then sought reimbursement from the Special Fund for Second Injuries.
Under New Hampshire law, if an employee who has a permane
West Virginia’s Intermediate Court of Appeals upheld the compensability of a worker’s shoulder surgery and the reopening of his temporary total disability benefits.
Case: ACNR Resources Inc. v. Scott, No. 26-ICA-156, 09/25/2026, published.
Facts: Paul Scott worked for ACNR Resources Inc. as a maintenance mechanic and electrician. He tripped and fell while at work in October 2023.
Scott sought medical treatment and was diagnosed with a sprain of the left shoulder.
A claims administrator for ACNR’s insurance carrier accepted liability for a shoulder sprain and later authori
When it comes to seasonal workers’ entitlement to temporary disability, a review of relevant case law shows that an employer’s obligation lies in its duty to protect the injured worker’s lost wages, and not necessarily in finding the applicant alternative or modified work.
On its face, it is fair to question seasonal workers' entitlement to temporary total disability for the next season, especially when their employment status is informal, and they are not necessarily guaranteed to come back to the same employer.
Because there is no guarantee of future work, it is e
The Virginia Court of Appeals overturned a determination that a worker’s settlement extinguished his ability to claim payment for an allegedly unpaid bill from one of his treatment providers.
Case: Peters v. Portsmouth Plumbing Services Inc., No. 1132-25-1, 09/29/2026, published.
Facts and procedural history: Orville Peters worked for Portsmouth Plumbing Services Inc. He injured his right hand at work in September 2012.
Peters filed a workers’ compensation claim, which Portsmouth’s insurance carrier agreed to settle. The Workers’ Compensation Commission approved
The federal Occupational Safety and Health Administration announced Thursday the award of $10.2 million in grant funds to 67 organizations to support education and training focused on worker safety.
Funded through the Susan Harwood Training Grant Program, the grants aim to advance worker safety and health by providing instructor-led training opportunities for workers and employers in small businesses, with an emphasis on industries with high rates of injury and illness.
Grants will fund training and education on hazard awareness, prevention and controls to protect workers from on-the-job haz
The share of injuries involving workers in their first few months on the job rose sharply during the pandemic before falling below its pre-pandemic level by 2024, according to a new report from the Workers Compensation Research Institute.
The share of injuries involving workers in their first two months on the job increased to 18.43% in 2022 from 15.66% in 2019, according to WCRI’s analysis. But that trend reversed during the post-pandemic recovery, with the share falling by about 2 percentage points annually over the following two years.
By 2024, injuries occurring within the first tw
The Illinois Appellate Court ruled that an injured firefighter’s line-of-duty disability pension should have been calculated based on his salary at the rank to which he was promoted during his recovery.
Case: Schneider v. Elgin Firefighters’ Pension Fund, No. 2-25-0476, 09/28/2026, published.
Facts: Mark Schneider worked as a firefighter and paramedic for the City of Elgin. He injured his back while at work in March 2022.
After conservative treatment failed, Schneider underwent back surgery. He then completed physical therapy and began work hardening but developed knee pain
A Louisiana appellate court overturned the dismissal of claims against an insurance carrier that provided coverage to a sole proprietor for injuries sustained by the sole proprietor’s brother while allegedly volunteering his services.
Case: Watson v. Watson Services Inc., No. 26-CA-18, 09/23/2026, published.
Facts: On April 4, 2023, Edward Watson suffered severe injuries while helping his brother remove tires from an 18-wheel tractor-trailer. He was underneath the trailer when the jack used to hoist it became dislodged, causing it to fall on his leg.
Doctors later amputated the leg.
West Virginia’s Intermediate Court of Appeals upheld the finding that arthroscopic right shoulder surgery was reasonable and necessary treatment for a worker’s compensable injury.
Case: West Virginia University Health System Inc. v. Blackwell, No. 26-ICA-157, 09/25/2026, published.
Facts: Elizabeth Blackwell worked for West Virginia University Health System Inc. She sought medical treatment in February 2025 after reportedly falling on ice in a parking lot at work.
A claims administrator for the health system’s insurance carrier accepted liability for a strain of muscle and
A former San Mateo County sheriff's deputy was sentenced to five months in prison Tuesday after he was convicted of workers' compensation fraud, according to a report by KRON-TV.
Jorden Tuiveta Faatiga, 35, of Patterson, pleaded no contest to charges of work comp fraud and filing a false document on April 30.
Faatiga received more than $61,000 in benefits after claiming he injured his right elbow in October 2024.
Prosecutors said in a statement posted to X that surveillance footage showed him lifting, driving and engaging in "intense gym workouts."
Faatiga
Mental health claims are accounting for a larger share of workers' compensation cases, but overall, they continue to represent only a small share of systemwide claims, according to a new analysis from the Workers Compensation Research Institute.
WCRI's analysis of mental health claims across 31 states found that, on average, they accounted for 0.3 claims per 100 paid claims from 2015 through 2024. California was a notable outlier, with a rate of mental health claims nearly three times the highest rate among the other states in the study.
The report offers a look at who is filing ment
An Ohio appellate court ruled that a widow’s appeal of a workers’ compensation benefits denial should be transferred to the proper county rather than dismissed because she filed it in the wrong county.
Case: Hamilton v. Bridgeport Equipment & Tool Ltd., No. L-26-00008, 09/25/2026, published.
Facts: Christina Hamilton’s husband worked for Bridgeport Equipment & Tool Ltd. He suffered injuries in an automobile accident in June 2024 and died in August 2024.
Procedural history: Hamilton filed a claim for death benefits with the Ohio Bureau of Workers’ Compensation
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries from a fall from an unsecured ladder.
Case: Rojas v. Riverhead Central School District, No. 2024-09165, 09/23/2026, published.
Facts: Javier Rojas allegedly sustained injuries when, according to him, a ladder shifted under him and caused him to fall while performing roofing work at a building owned by the Riverhead Central School District.
Rojas was an employee of Dynasty RSW LLC. Stalco Construction Inc. was the general contractor on the project.
Procedural history: Rojas fil
West Virginia’s Intermediate Court of Appeals upheld the denial of a truck driver’s claim for benefits for occupational pneumoconiosis.
Case: Wood v. Jane Lee Enterprises Inc., No. 26-ICA-74, 09/25/2026, published.
Facts: James Wood filed a claim for benefits for occupational pneumoconiosis in September 2024. He alleged that he had worked as a truck driver for 35 years and that he had worked as a truck driver for Jane Lee Enterprises Inc. until 2024.
Wood underwent pulmonary function testing, which demonstrated moderate obstruction. An X-ray revealed no parenchymal or pleur