CA - Jones Act Precludes Claim for Loss of Consortium
08/12/2026 | 0
A California appeals court on Tuesday affirmed a lower court's decision sustaining a demurrer and finding that loss of consortium claims are not available under general maritime law or the Jones Act.
"There being no evidence that loss of consortium was historically available in personal injury unseaworthiness actions, coupled with the observation that a parallel statutory scheme does not allow for recovery of loss of consortium, we conclude loss of consortium is unavailable in this case," the court said.
Tracy Simerley was injured while working on a ferryboat owned by the Golde
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A federal appellate court revived an injured worker’s claim of disability discrimination based on his employer’s failure to offer him a light-duty position following his clearance to return to work.
Ibrahima Dieng worked for Orkin LLC as a pest control technician for many years. By all accounts, Dieng performed well. Supervisors attested to his skills, abilities and strong customer relationships.
In February 2016, Dieng slipped and injured his right kneecap while servicing a building.
In July 2016, Dieng’s doctor advised him that, though he would be unable to return to wor
West Virginia’s Intermediate Court of Appeals ruled that a claims administrator could recover an overpayment of benefits to a worker.
Case: Heath v. Alliance Coal LLC, No. 25-ICA-466, 08/06/2026, published.
Facts and procedural history: Richard Heath worked for Alliance Coal LLC. In July 2022, the Board of Review determined that he was entitled to temporary total disability benefits for the period from Feb. 19, 2020, through March 16, 2021.
A claims administrator for Alliance’s insurance carrier noted that Heath previously received TTD benefits for 17 weeks from October 2019 thr
A Louisiana appellate court upheld a dollar-for-dollar credit to a carrier for wages paid in lieu of benefits that resulted in an overpayment to an injured worker.
Case: Ory v. HKA Enterprises Industrial Solutions LLC, No. 2025 CA 0430, 08/06/2026, published.
Facts: Tyler Ory worked as a millwright for HKA Enterprises Industrial Solutions LLC. His normal wages were $37.99 per hour and $56.99 per hour for overtime.
In January 2022, Ory sustained second- and third-degree burns on his hands and legs in a workplace accident. HKA paid Ory $46,654.40 in wages in lieu of compensatio
A new report from the California Workers’ Compensation Institute is reverberating across the industry, with the organization purporting to document a shocking rise in cumulative trauma claims.
Unfortunately, whatever data the CWCI bases its conclusions on is unavailable for verification by anyone outside the organization. The CWCI backs its assertions about the rise in CT claims by citing its own proprietary Industry Research Information System, about which scant information is available.
The CWCI report:
A federal appellate court ruled that an injured worker’s civil suit was not viable because he failed to assert an intentional act by the defendant, and the defendant qualified as his statutory employer.
Case: Knight v. Methanex USA LLC, No. 26-30178, 08/10/2026, unpublished.
Facts: Albert Knight worked for the Turner Industries Group LLC. Methanex USA LLC and Methanex Louisiana LLC hired Turner to perform a “maintenance turnaround” of Methanex’s methanol plant in Geismar.
Knight was part of a crew assigned to install a 2,500-pound “check valve” at the pla
The owners and managers of a construction business were recently arraigned on multiple felony charges of workers' compensation premium fraud and payroll tax fraud in connection with a scheme to deny an injured worker's claim, the San Francisco District Attorney's Office announced.
Declan McKevitt, 47, and Grace McKevitt, 54, who own and manage An Dun Construction, are accused of underreporting payroll to their workers' compensation carrier and the Economic Development Department.
The alleged premium fraud and payroll tax fraud was discovered after a worker injured his hand on
Illinois Gov. J.B. Pritzker signed a bill that took effect immediately and created new requirements for utilization review as well as for medical examinations used to determine the necessity of workers' compensation treatment requests.
The governor on Friday signed HB 5228, which also:
Creates a new assessment mechanism targeting $7 million in additional annual revenue for the Illinois Workers' Compensation Commission's Operations Fund in 2026, with the target increasing 3.5% annually thereafter. Assessments will be based on a percentage of carriers' underwriting gains for
The North Carolina Court of Appeals upheld the dismissal of a worker’s civil claims against his employer, its principal and a supervisory employee for his heat-related injuries.
Case: Moreno v. Florida Orange Gold LLC, No. COA25-574, 08/05/2026, unpublished.
Facts: Florida Orange Gold LLC is a limited liability company that primarily employs agricultural workers. Jose Javier Gutierrez is the company’s president. Gilberto Gutierrez is an FOG employee whose responsibilities primarily include managing FOG’s day-to-day financial operations.
In July 2020, a FOG employee died fr
A New York appellate court revived part of a worker’s Labor Law action and ruled that his employer was entitled to summary judgment dismissing the indemnification and contribution claims against it.
Case: Ordonez v. USM Asset Trust Series-7, No. 52146/19 595472/19 595267/22, 08/06/2026, published.
Facts: Bolivar Carchi Ordonez was working for Victorio’s Contracting Inc. as a carpentry laborer on a renovation project when he slipped or tripped on a crack in a stone step as he descended the building's front exterior staircase.
Ordonez had been directed to use the building
West Virginia’s Intermediate Court of Appeals upheld the expansion of a worker’s claim to include additional conditions.
Case: United Coal Co. LLC v. Plumley, No. 25-ICA-440, 08/06/2026, published.
Facts: Joshua Plumley worked for United Coal Co. LLC. He filed a workers’ compensation claim, asserting that he had injured his back at work in February 2020.
A claims administrator for United’s insurance carrier accepted liability for a lumbar strain.
In June 2010, Plumley was treated after being struck in the head and neck by a falling rock. The assessment was a co
An Ohio appellate court upheld an award of permanent total disability benefits for a respiratory therapist.
Case: State ex rel. Southwest Community Health System v. Industrial Commission, No. 25AP-127, 08/06/2026, published.
Facts: Elizabeth Edwards worked for Southwest Community Health System as a respiratory therapist. She filed a workers’ compensation claim, and the Bureau of Workers’ Compensation allowed it for a concussion without loss of consciousness, cervical strain and post-concussion syndrome.
In November 2023, Dr. Dominic Haynesworth opined that Edwards was
Growth in average hourly earnings continued to slow last month, the National Council on Compensation Insurance reported, weakening the natural source of premium growth.
Strong wage and employment growth can boost premiums without the need for rate increases, while slowing wage and employment growth limits exposure-driven premium growth and can increase pressure on rates to compensate.
Average hourly earnings in July were up 3.2% compared to July 2025. The growth rate is below the one-year average of 3.6%, the three-year average of 3.9% and the five-year average of 4.4%.
"This softening
Maine’s Supreme Judicial Court ruled that a worker’s ex-wife was entitled to death benefits following his death from complications arising from his work-related injuries, 23 years after their divorce.
Donald Nadeau slipped and fell while working for S.D. Warren Co. in 1985, suffering multiple injuries that caused chronic pain, mobility issues and substantial weight gain.
At the time of the accident, Nadeau was married to Carol Brewster. During their marriage and until the date of his injury, Nadeau worked full time at S.D. Warren, while Brewster worked part time as a nu
The North Carolina Court of Appeals overturned a trial judge’s determination that an employer’s lien against a worker’s proposed settlement was $0.
Case: Saunders v. Woolard, No. COA25-182, 08/05/2026, published.
Facts: Richard Saunders worked for Orano USA LLC. He suffered injuries while working on a jobsite for Orano, allegedly because of the negligence of Phillip E. Woolard and Woolard’s Welding Service.
Woolard’s Welding Service is a contractor, not affiliated with Orano, which was working on the same jobsite.
Saunders received workers’ compensation
A New York appellate court partially revived a worker’s Labor Law and negligence claims for his alleged injuries from being struck by a delivery gate.
Case: Vasquez v. 1719 27 ST LLC, No. 2021-08595, 08/05/2026, published.
Facts: Hector Vasquez allegedly suffered injuries when a delivery gate struck him at a construction site at which he was working.
Procedural history: Vasquez filed suit against 1719 27 ST LLC, 27 ST CON LLC, J. Petrocelli & Sons Construction Inc. and J. Petrocelli Construction Inc., asserting claims for negligence and a violation of Labor Law Sect