CT - High Court: Subrogation Rights Extend to Derivative Third-Party Recoveries
04/21/2026 | 0
The Connecticut Supreme Court on Monday held that employers are generally entitled to a lien on the net amount of third-party settlement proceeds deriving from a compensable occupational disease, even if most of the settlements were based on nonoccupational exposure.
The portion of damages for loss of consortium is not subject to a lien because workers' compensation doesn't compensate such damages, but an employer's rights generally mirror its workers' compensation payment obligations, the court reasoned.
"The decedent’s occupational disease consequently was fully ...
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The Pennsylvania Superior Court denied a property owner’s attempt to take a collateral appeal of its denied request for a stay while the Workers’ Compensation Appeal Board determines whether the owner qualifies as the statutory employer of an injured worker.
Case: Geronimo v. Commonwealth Environmental Systems LP, No. 31 EDA 2025, 03/23/2026, published.
Facts and procedural history: Justo Acala Geronimo, a temporary laborer, filed a civil suit against Commonwealth Environmental Systems LP and Golden Eagle Staffing.
Geronimo alleged that he suffered injuries in February...
A New York appellate court ruled that the defendants in a Labor Law suit were entitled to indemnification from an injured worker’s employer and that their affirmative defense of culpable conduct should not have been dismissed.
Case: Ravelo v. RXR 32 Old Slip Owner LLC, No. 157980/20, 03/31/2026, published.
Facts: RXR 32 Old Slip Owner LLC owns a commercial property in Manhattan. It leased several floors of the premises to Cahill Gordon & Reindel LLP.
Cahill hired Henegan Construction Co. Inc. to serve as the general contractor for a build-out on the leased floo...
The Missouri Court of Appeals upheld a determination that a worker was entitled to permanent partial disability benefits, but it reversed an award of fees and the directive for the employer to pay his medical providers.
Case: Chick v. City of Centralia, No. WD88273, 03/24/2026, published.
Facts: Russell Chick worked for the City of Centralia as an equipment operator.
In February 2014, Chick fell on ice while walking to the city’s maintenance shop. Chick broke his fall with his right arm.
Shortly thereafter, Chick felt numbness in the arm and could not write. He reported an...
The Buddha reportedly said, “Three things cannot be long hidden: the sun, the moon, and the truth.”
There are only a couple of problems with this. First, although I found it on the internet (so it must be correct, right?), further research confirms this attribution cannot be authenticated. Second, there is — sadly — much evidence to contradict Buddha’s (or whoever’s) assertion.
For example, there is no credible, ABA-backed study estimating the extent to which perjury and fraud soil our legal system. However, anyone who has worked in the workers&rs...
A Texas appellate court ruled that a dispute over whether a nonsubscribing employer and an injured employee had to engage in mediation must first be resolved by an arbitrator.
Case: Argyle v. Republic Waste Services of Texas Ltd., No. 05-25-00559-CV, 04/16/2026, published.
Facts: Republic Waste Services of Texas Ltd. is a nonsubscriber to the state workers’ compensation system. Instead, it adopted an occupational injury benefit plan that provides no-fault wage replacement, medical, and accidental death and dismemberment benefits to employees who elect coverage.
Cannon Cochran Man...
The Illinois State House of Representatives passed a bill that would impose civil penalties on certain licensed businesses that fail to maintain workers' compensation coverage.
The House on Friday voted 76-24 to pass HB 5228, which applies to corporations, limited liability companies and partnerships engaged in activities requiring a state license and for which proof of workers' compensation coverage is a prerequisite to the state issuing a license.
Those businesses could face civil penalties if they don't have workers' compensation coverage. They could avoid penalties by sho...
Ken Bollier, a former president of the State Compensation Insurance Fund in California, died at the age of 87.
Bollier died at his family home on April 7, according to an obituary in the San Francisco Chronicle.
Bollier worked for State Fund for 38 years, working his way up from the mailroom to president. He retired as president in 2022.
He is survived by his wife, Janet; their two sons, Casey and Ryan (Stephanie); and many nieces and nephews.
Bollier is a San Francisco native who graduated from Riordan High School, earned his bachelor's degree from the University of San ...
Oklahoma Gov. Kevin Stitt signed a bill giving employers more control over their workplace drug policies.
Oklahoma law prohibits employers from firing those with a license to use medical cannabis solely because of a positive drug test unless they're using drugs at work or working in a safety-sensitive position.
Stitt on Friday signed HB 3127, which allows employers to fire workers based only on a positive drug test for cannabis components or metabolites if the action is taken pursuant to a written drug and alcohol testing policy.
The bill also declares that all safety-sensitive position...
A New York appeals court affirmed the determination that a man's brain and head injuries were compensable even though the mechanism of the injury was unknown.
Although nobody saw James Brognano III fall at work, the Workers' Compensation Board concluded that he was injured during his employment based on medical evidence and witness testimony. This finding required the employer to rebut the presumption of compensability, which the New York Appellate Division's 3rd Department ruled was a burden it failed to carry.
"Although the employer pointed out the uncertainty as to exactl...
The Missouri Court of Appeals upheld a jury verdict finding that the successor-in-interest to a worker’s former employer was shielded from liability for her contraction of mesothelioma.
Case: Barnes v. Athene Annuity & Life Assurance Co., No. WD87843, 03/17/2026, published.
Facts and procedural history: Roslyn Barnes worked for Business Men’s Assurance Co. of America from 1976 until 1980.
In July 2019, she was diagnosed with mesothelioma. Three months later, she filed a workers’ compensation claim against the Athene Annuity & Life Assurance Co., which was BMA&...
The West Virginia Supreme Court upheld a 13% permanent partial disability award for an injured worker.
Case: Blackhawk Mining LLC v. Elswick, No. 25-735, 03/24/2026, published.
Facts: Harold G. Elswick II worked for Blackhawk Mining LLC. He filed a report of injury in January 2023, asserting that he had suffered injuries from a fall at work. The physician’s portion of the form stated that Elswick sustained an injury to the neck.
An investigation report completed by Blackhawk on the day of the accident indicates that Elswick was getting out of an excavator when he lost his balance and ...
A New York appellate court said that an intervening decision by the Workers’ Compensation Board after the denial of a worker’s claim has mooted his appeal.
Case: In the Matter of Loper v. Suffolk County Water Authority, No. CV-25-0134, 03/26/2026, published.
Facts and procedural history: Gerald Loper worked for the Suffolk County Water Authority from 1995 to 2021. He filed a claim for workers' compensation benefits in 2022, alleging that he had binaural hearing loss caused by occupational noise exposure.
The Workers' Compensation Board issued a decision in December 2024 ...
A New York appellate court upheld the denial of a worker’s claim that he had sustained an occupational disease due to osteoarthritis in his knees, worsened by work-related repetitive movement.
Case: In the Matter of the Claim of Murad v. Tri-State Groundwater Solutions LLC, No. CV-24-1227, 03/26/2026, published.
Facts and procedural history: Andrew Murad worked as a maintenance foreman and as a heavy equipment mechanic for various companies over the years. He applied for workers' compensation benefits in 2021 and claimed that he had sustained an occupational disease due t...
Nebraska Gov. Jim Pillen enacted a bill addressing experience rating credits and the confidentiality of injured workers' names and contact information.
Pillen on Tuesday signed LB 455, which requires that losses an employer reimburses under a deductible policy be credited against the employer's experience modification.
The bill also prohibits the Workers' Compensation Court from disclosing an injured worker's name, address, telephone number and email address for 60 days after a first injury report is filed, unless the injured worker waives confidentiality.
Claimant infor...
Gov. Abigail Spanberger signed companion bills that will add Virginia to the growing list of states with specific, enforceable workplace heat standards on the books.
Spanberger on April 13 signed SB 288 and HB 1092, identical measures that direct the Safety and Health Codes Board and the Department of Labor to adopt regulations by May 1, 2028, requiring employers to implement heat illness prevention plans.
The legislation requires the board to adopt standards that include access to water and shade, rest periods, acclimatization periods and training on preventing heat illnesses. The measures ...
