NE - High Court: Speculative Medical Opinions Fail to Link Death From Cancer to Work Injury
05/27/2026 | 0
Expert medical testimony that a worker may have lived longer if treatment for an industrial injury had not delayed treatment for metastatic cancer was too speculative to support an award of benefits, the Nebraska Supreme Court ruled.
The high court said it did not need to consider the validity of Kristine Hastreiter's novel theory that she was eligible for workers' compensation death benefits because her husband's compensable hip injury prevented treatment for a nonoccupational cancer that could have prolonged his life. Rather, the medical expert testimony was not decisive enough
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An Ohio appellate court upheld a determination that a worker who suffered injuries on his second day working for a longtime acquaintance’s painting business was an independent contractor, not an employee.
Case: Leghart v. Schuler Painting Inc., Nos. 115657 and 115663, 04/30/2026, published.
Facts: Robert Leghart sent a text message to Steven Schuler in June 2022, looking for work. Schuler is the owner and operator of Schuler Painting, and he had known Leghart for more than 30 years.
Schuler told Leghart that he could use help. Leghart began work for Schuler Painting, but was neve
West Virginia’s Intermediate Court of Appeals upheld a finding that a worker suffered a compensable injury when she rolled her ankle at work while rising from a chair.
Case: Mercer County Board of Education v. Mitchell, No. 25-ICA-427, 05/01/2026, published.
Facts: Rosemary Mitchell worked for the Mercer County Board of Education. She filed a workers’ compensation claim, asserting that she had injured her ankle at work in April 2025.
According to Mitchell, her right foot hung on the side of a chair when she stood, and her ankle rolled.
Procedural history: An administrator for t
A New York appellate court ruled that a third-party defendant in a Labor Law action was not entitled to summary judgment dismissing the contractual indemnification claim against it.
Case: Jamieson v. Noble Construction Group LLC, No. 2021-07113, 04/29/2026, published.
Facts: Clifford Jamieson allegedly suffered injuries while working on a construction site when the vertical safety netting installed around the perimeter of the building under construction gave way, causing him to fall.
Procedural history: Jamieson filed suit against the construction manager, the owner and tenants of the build
The role of a claims manager is not just pivotal, but indispensable in ensuring the smooth operation of any claims organization. These professionals oversee complex claims processes, manage teams and make critical decisions impacting organizational performance and customer satisfaction.
However, without the necessary training and development, claims managers can struggle to handle these challenges, leading to inefficiencies, increased costs and reduced customer satisfaction.
By investing in a comprehensive training program, organizations can significantly enhance claims managers' cap
A New York appellate court revived the contractual indemnification claims by the defendants in a Labor Law action against the injured worker’s employer.
Case: Travers v. Briarcliff Manor Investments LLC, No. 2022-02942, 04/29/2026, published.
Facts: SHI-III Briarcliff REIT LLC owned a property in Briarcliff Manor. It hired Andron Construction Corp. to serve as the general contractor for a project at the property.
Andron then contracted with Orange County Ironworks LLC as the steel subcontractor, and OCI hired Gabriel Steel Erectors Inc. as a sub-subcontractor.
The contract between OC
Colorado lawmakers sent the governor a bill that would make proof of workers' compensation coverage a prerequisite to receive a building permit, construction permit or contractor license.
Lawmakers on Friday sent the governor SB 93, which would prohibit governmental entities from issuing building or construction permits without proof that the applicant, general contractor and all subcontractors have workers' compensation insurance.
The person applying for a permit would be required to submit a declaration under penalty of perjury that all entities have comp coverage for the duration
New York's top court held that a 2022 law barring virtually all workers' compensation decisions from binding future litigation applies to all pending and nonfinal actions.
The Justice for Injured Workers Act provides that no finding by the Workers' Compensation Board or a workers’ compensation law judge shall be given collateral estoppel effect in any other action or proceeding arising out of the same occurrence, other than a determination of the existence of an employer-employee relationship.
The Appellate Division's 1st Department in January 2025 said the statute appl
The California Supreme Court on June 2 will hear oral arguments regarding the Workers' Compensation Appeals Board's request to review an appellate court decision prohibiting the board from acting on petitions for reconsideration more than 60 days after they were filed.
The high court in Mayor v. WCAB (Ross Valley Sanitation District) will address not only the WCAB's strict deadline, but also whether a party's own 45-day deadline to appeal to a higher court can be extended when the board stalls.
According to the docket, parties should be prepared to address:
Whether due pro
The California Occupational Safety and Health Standards Board granted a petition by the Western Occupational and Environmental Medicine Association to begin the process of prohibiting the fabrication and installation of artificial stone products containing more than 1% crystalline silica.
The board unanimously asked the Division of Occupational Safety and Health to prepare a finding of emergency to support emergency rulemaking. The board also directed the agency, more commonly known as Cal/OSHA, to convene advisory committees to evaluate the feasibility and implications of potential
The Workers Compensation Research Institute is holding a webinar on June 11 that will focus on the design of fee schedule regulations and how they affect medical prices and payments across state workers’ compensation systems.
“Attendees will learn the key decisions states face when designing and updating fee schedules, as well as how different approaches shape prices for professional and hospital services,” said Ramona Tanabe, president and CEO of WCRI.
Rebecca Yang, a senior public policy analyst at WCRI, will present findings from several recent WCRI studies, includin
The owner of a waste disposal company in Iowa was fined $1,025 and placed on probation for three years for operating without workers' compensation insurance, according to media reports.
James Watts, 83, also received a three-year deferred prison sentence. If he completes the terms of probation, which include making a minimum $50 monthly payment to satisfy the civil fine, the felony conviction will be expunged from his record.
District Associate Court Judge Jason Burns on Thursday also placed Watts' company, Hawkeye Waste Systems, on probation for three years and imposed a suspended f
Beacon Mutual Insurance Co. posted a notice to its website about a data hack in January that exposed information of more than 131,000 people living in Rhode Island.
Beacon announced that it discovered unauthorized activity on its computer network, and an investigation determined that someone accessed the system and acquired copies of certain files between Jan. 7 and Jan. 14.
A subsequent investigation determined that one or more of the files contained information including first and last names, Social Security or driver's license numbers, financial account numbers, health insurance infor
LA - Court Upholds Shoulder Treatment in Comp Dispute Over Preexisting Condition
A now-deceased delivery driver’s shoulder replacement was compensable, a Louisiana appeals court ruled Wednesday, finding evidence supported the claim that a work-related vehicle accident aggravated his preexisting shoulder condition.
The Louisiana Court of Appeal, 2nd Circuit, affirmed a ruling in Stevie Michael Holmes v. Replacement Parts Inc. and Zurich American Insurance Co., holding that Replacement Parts and Zurich must pay for reasonable and necessary medical treatment for Holmes’ entire injury.
Holmes, who worked for Bumper to Bumper, also known as Replacement Parts,
Dermatological agents accounted for the largest share of workers' compensation prescription payments in early 2025, with much of the spending concentrated in delivery pharmacies and physician dispensing channels, according to a report released Thursday by the Workers Compensation Research Institute.
The Waltham, Massachusetts-based institute said physician dispensing and delivery pharmacies accounted for more than 70% of dermatological prescription payments in 20 of 31 study states during the first quarter of 2025. In states with the highest dermatological payment shares, those channels a
Pennsylvania lawmakers introduced legislation that would require utilities and certain electrical contractors to provide automated external defibrillators at worksites where lineworkers perform utility or electrical work.
SB 1328, introduced Wednesday and referred to the Senate Labor and Industry Committee, would require at least one operable AED at each utility or electrical worksite, including temporary, mobile and field locations. For crews working on poles, underground facilities or storm restoration, the AED would have to be located on a vehicle, trailer or other mobile unit at or in rea
