CA - Worker Fails to Establish Discrimination, Retaliation for FEHA Claim
02/13/2026 | 0
A California appeals court, in an unpublished decision, affirmed a trial court's finding that a worker fired after a prolonged absence failed to carry her burden of establishing a triable issue of material fact in support of her discrimination and retaliation claims.
The City of Santa Ana determined that Bilhah Lopez voluntarily abandoned her position as a public works dispatcher when she didn't show up for work for 11 months in 2021 and did not respond to requests for information about her condition or necessary restrictions.
On Jan. 4, 2021, Lopez notified the city that she w...
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The Illinois Appellate Court ruled that a circuit court erred in dismissing an interlocutory appeal from a Workers’ Compensation Commission decision.
Case: Heberlein v. IWCC, No. 4-22-0765WC, 01/27/2026, unpublished.
Facts and procedural history: Ruth Ann Heberlein worked for Homecare Medical Equipment. She filed workers’ compensation claims for injuries she allegedly sustained on two dates in 1999.
In February 2009, an arbitrator set the claims for hearing on May 20, 2009, and directed Heberlein to provide a copy of the order to Homecare.
Homecare failed to appear at the ...
A New York appellate court reinstated the claims against a property owner for a worker’s death from a falling beam.
Case: Chiriboga-Herrera v. Litt, No. 2024-03315, 01/28/2026, published.
Facts: William Orlando Barzallo-Diaz was allegedly struck by a falling beam weighing approximately 1,000 pounds while working on a construction project at a property owned by Marty Litt.
Barzallo-Diaz was pronounced dead at the scene.
Procedural history: The administrators of Barzallo-Diaz’s estate filed suit against Litt, asserting claims for negligence and violations of the Labor Law.
Litt ...
Workers' compensation insurance services provider Summit announced the expansion of its coverage into Delaware and Pennsylvania.
The Lakeland, Florida-based Summit said the Delaware Department of Insurance and Pennsylvania Insurance Department approved Bridgefield Casualty Insurance Co., Bridgefield Employers Insurance Co. and Bridgefield Indemnity Insurance Co. to offer workers' compensation coverage in their states.
Summit is a member of the Great American Insurance Group.
It manages the day-to-day operations of the carriers and provides workers’ compensation serv...
The Delaware Superior Court upheld the denial of benefits for damage to a worker’s lower teeth.
Case: Peed v. Essential Staffing Inc., No. S25A-06-001 RHR, 01/27/2026, published.
Facts and procedural history: Craig Peed worked for Essential Staffing Inc. He suffered multiple injuries in February 2012 while performing tree trimming services through Essential when a limb fell and hit him on the head.
Essential paid Peed total disability benefits and covered his medical treatment.
Part of Peed’s compensation was for injuries to his upper teeth numbered five through eight. Peed&rsq...
A Louisiana appellate court ruled that a firefighter’s claim for benefits for his hearing loss was time-barred.
Case: Dunn v. Jefferson Parish Fire Department, No. 25-CA-396, 01/28/2026, published.
Facts: John Dunn spent more than 30 years working for the Jefferson Parish Fire Department before retiring in September 2021.
He filed a workers’ compensation claim in September 2024, asserting that he sustained substantial hearing loss over time due to excessive noise, sirens, explosions and other occupational conditions.
Procedural history: The Fire Department moved to di...
WV - Bill Would Provide Paid Trauma Counseling for First Responders
A bill in West Virginia would require employers to provide paid traumatic event counseling to peace officers, firefighters and 911 dispatchers exposed to certain critical incidents in the line of duty.
HB 5428 would add a section to state law directing the Law-Enforcement Professional Standards Subcommittee to establish a program offering up to 12 visits of licensed counseling per qualifying incident. Counseling would be employer-paid and could be in-person or by telehealth.
Qualifying events include witnessing death or maiming, investigating dangerous crimes against children, being involved...
An Ohio appellate court held that a staff hearing officer did not err or abuse discretion in awarding permanent total disability benefits to a truck driver.
Charles L. Storts was driving a truck for OneSource Employee Management in January 2019 when a piece of metal pierced the windshield and struck his forehead above the left eye.
His workers' compensation claim was allowed for a concussion and superficial head injury; bilateral tinnitus; post-concussion syndrome; major depressive disorder; mild cervical sprain; and internal carotid artery dissection. He did not return to employment aft...
The Iowa Court of Appeals upheld a determination that a worker was entitled to permanent disability benefits, even though it was too soon to determine the level of his disability.
Case: Compass Groups USA v. Hawk, No. 25-0349, 01/28/2026, published.
Facts and procedural history: Todd Hawk worked for Compass Groups USA. He reported injuring his back at work in May 2021.
Hawk filed a workers’ compensation claim in March 2022. Compass stipulated that Hawk suffered a work injury but denied that it caused a permanent disability.
At a hearing before a deputy workers’ compensation com...
The South Carolina Court of Appeals ruled that a property owners’ association was not entitled to summary judgment dismissing a worker’s civil claim for injuries he sustained while working on the property.
Case: Sullivan v. Ocean 22 Vacation Owners' Association Inc., No. 2023-000969, 01/21/2026, unpublished.
Facts: Ocean 22 Vacation Owners' Association Inc. is the owners' group for a property known as the Hilton Grand Vacations Club Ocean 22 Myrtle Beach. The property is a Hilton Grand Vacations Inc. timeshare resort. The association is registered with the state as a ...
An Arizona appellate court upheld the denial of a worker’s claim for benefits, finding that his fall was intentional and that he had not suffered an injury by accident.
Case: Halloum v. Industrial Commission, No. 1 CA-IC 25-0006, 01/26/2026, unpublished.
Facts: Ammar Halloum worked for Black Diamond Networks LLC. While he was at work in November 2023, he fell forward on the bottom step of a stairway, headfirst into a landing area with a closed but unlatched metal gate that swung outward when he hit it. The fall was captured by a security camera but otherwise not witnessed.
While he la...
Staffing agencies in California would be required to provide proof of workers' compensation coverage as part of a mandatory registration process under a recently introduced bill.
SB 1032, by Sen Eloise Reyes, D-San Bernardino, would require staffing agencies to provide proof of a current workers' compensation policy when registering or renewing registration with the Labor Commissioner.
The commissioner would be required to notify the director of the Department of Industrial Relations about agencies that don't have a policy in place. The DIR would be required to serve a stop-...
A New York appellate court dismissed the appeals by a group of defendants in a Labor Law claim who had not been aggrieved by summary judgment for the worker against the property owner and its agent.
Case: Rodriguez v. CB Developers LLC, No. 155327/21, 01/22/2026, published.
Facts: Raymond Rodriguez suffered injuries while engaged in asbestos removal at a property owned by 1314 Development LLC.
According to Rodriguez, in order to descend from the roof area where he was working, he had to traverse narrow metal beams, which were normally covered by plywood that had been removed. He slipped and...
The Texas Department of Insurance announced that Amanda Crawford stepped into the role of insurance commissioner at the start of the month.
She succeeds Cassie Brown, who retired Feb. 2.
Crawford will oversee the regulation of the $293.9 billion Texas insurance market, the second largest in the nation and the fifth largest in the world. The agency regulates 3,447 companies and more than 983,411 agents and adjusters.
Crawford brings more than 24 years of public service to the position. She has worked in various roles, including general counsel and deputy attorney general at the Office of...
The Tennessee Department of Commerce and Insurance announced a 13th consecutive workers' compensation rate cut for 2026.
In December, Commissioner Carter Lawrence signed orders approving a 2% overall loss cost decrease for the voluntary market and a 1.1% decrease in the assigned risk rate level. The rates apply to policies incepting on or after March 1.
Loss costs are the portion of work comp rates used for claims and claims adjustment expenses.
The department said employers have seen consistent loss cost reductions since work comp system reforms were started in 2014.
“Safer...
