TX - Worker Fails to Prove Intentional Injuy Exception to Exclusivity
09/23/2026 | 0
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
Read More
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Case: Hill v. OWCP, No. 24-7861, 09/18/2026, unpublished.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
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;
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
Every generation of lawyers is promised a technological breakthrough that will forever revolutionize the practice of law.
After more than three decades in the trenches defending California workers’ compensation claims, I thought I’d seen every snake-oil gadget available.
I am old enough to remember listening in on my neighbors’ gossip over a multifamily party line in elementary school. For those of you old enough to remember party lines: We aren’t old; we’re battle-tested classics. For the junior associates reading this: yes, phones used to be attached to wa
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
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
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
A New York appellate court upheld a determination that a retail worker suffered compensable injuries after accidentally dropping a box of merchandise on her leg.
Case: Matter of Rosario v. William Carter Co., No. CV-25-0826, 09/17/2026, published.
Facts: Gisell Rosario worked for William Carter Co. as an assistant manager at a retail store in Queens. In December 2023, she accidentally dropped a box of merchandise on her left leg.
Procedural history: A workers’ compensation judge established a claim for injuries to Rosario’s left knee and foot. Upon administrative review, the Wor
The federal Occupational Safety and Health Administration cited a residential construction and carpentry employer in Illinois for what the agency called the continued failure to provide fall protection for workers.
Investigations at two worksites operated by Martin Araujo, doing business as Araujo Construction, reportedly found carpenters and general laborers installing roof rafters and roof sheeting without fall protection.
OSHA cited Araujo Construction with two "willful" violations for not providing fall protection, a "serious" violation for not having safe access to a
The Tennessee Workers' Compensation Educational Conference is accepting speaker proposals for its 2027 event.
The 2027 conference is being held June 9-11 at the Embassy Suites in Murfreesboro.
Conference organizers are looking for speakers on topics that include:
Technology and innovation in workers' compensation.
Litigation and dispute resolution.
Risk management and prevention.
Medical management and return to work.
Claims management and best practices.
Mental health and workers' compensation.
Ethics and professionalism.
Workers' compensation law and regulat
EverPeak Insurance announced that it launched its direct-to-customer workers' compensation insurance offering in Georgia, the company's first state expansion for its digital-first platform.
The expansion targets a broad spectrum of the state's commercial landscape, ranging from low-risk professional offices and tech firms to high-risk skilled trades, medical practices, retail shops and personal wellness businesses, EverPeak said.
The carrier said its direct-to-customer model guarantees that policyholders will receive contact from a claims representative within 24 hours of fi
The Colorado Court of Appeals in a case of first impression held that a workers' compensation claim can be reopened for a change in condition only if there was an admission or determination that the injury was compensable before it was closed.
Because there was no determination on the compensability of Lusia Murillo's claim before it was closed for failure to prosecute, the court said it affirmed the Industrial Claim Appeals Office decision that it was not eligible to be reopened.
Murillo claimed she injured her lower back working as a housekeeper for the Ritz-Carlton, Bachelor Gulch
