NY - Carrier Liable for Worker's Occupational Disease, Plus Penalty
05/14/2026 | 0
A New York appellate court upheld a determination of compensability for a longtime mason’s occupational disease from repetitive trauma, as well as the assessment of a penalty against his employer’s insurance carrier.
Samuel Davis worked as a brick mason for more than 25 years. He filed a workers’ compensation claim against Gia Quinto Masonry, asserting that he developed an occupational disease affecting his hands, wrists and knees from repetitive work-related trauma.
A workers’ compensation law judge established the claim. Gia Quinto and its insurance carrier app...
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In a third case filed by employees of the same correctional facility, a New York appellate court ruled that the Workers’ Compensation Board did not err in denying a worker’s request to preclude the report of an independent medical examiner.
Case: Matter of Ebanks v. Sing Sing Correctional Facility, No. CV-25-0485, 04/23/2026, published.
Facts: Omar Ebanks worked for the Sing Sing Correctional Facility. He suffered injuries at work in January 2023 and established a workers’ compensation claim.
In October 2023, Ebanks’ treating physician opined that he had reached maxi...
The West Virginia Supreme Court upheld a finding that a worker sustained the occupational disease of asthma in the course of and resulting from employment in the mining industry.
Case: Blackhawk Mining LLC v. Woods, No. 25-661, 04/21/2026, published.
Facts: Harold Woods Jr. worked for Blackhawk Mining LLC. He filed a workers’ compensation claim in June 2022, alleging that he sustained a lung injury from exposure to coal dust, magnetite, welding fumes and flocculant at hazardous levels while working in Blackhawk’s prep plant.
Dr. Rob Keith said Woods sustained asthma from in...
A federal appellate court ruled that an administrative law judge and the Benefits Review Board designated the wrong mine operator as liable for a West Virginia miner’s black lung benefits.
Case: Rhino Energy LLC v. OWCP, No. 24-2212, 04/23/2026, published.
Facts: Robert B. Rule worked as a coal miner in West Virginia from 1975 until 2015.
From mid-2012 through December 2014, Rule worked for Rhino Energy LLC. Rhino served as a subcontractor for Wildcat Energy LLC, the owner of the mine, during this time.
When Rhino ended its subcontract with Wildcat at the end of 2014, Rule joined Wil...
I have gone through a difficult period. Over the last year, I lost a sister-in-law, two brothers-in-law, three of my closest friends, and several close friends. The losses came one after another, each arriving before I had finished grieving the last.
The movie "Coco" resonates with me because it reflects how I choose to handle loss: by holding on to the good, remembering who people were at their best, and keeping those memories alive. It is my way of carrying them forward.
Every loss has also reminded me of something I came to understand slowly, over decades of professiona...
MT - High Court Backs Regulator's Fine in Comp Insurer Dispute
The Montana Supreme Court has upheld a $75,000 fine against Victory Insurance Co., reinforcing state regulators’ authority to require insurers and managing general agents to produce records in a specific format during compliance investigations.
In a unanimous decision Tuesday in Victory Insurance Co. v. State Auditor, the court sided with the Montana Commissioner of Securities and Insurance in a dispute over Victory’s role as MGA for Clear Spring Property and Casualty Co.’s workers' compensation business in the state.
At issue was whether Victory complied with Montana I...
Colorado lawmakers voted to send the governor measures that would modify the cancer presumption for firefighters and allow electronic service of documents.
The Senate on Wednesday signed off on amendments made to SB 184 while the measure was in the state House of Representatives.
SB 184 would enumerate a list of cancers that are presumed to arise out of employment for firefighters who have at least five years of cumulative full- or part-time service.
The presumption statute currently covers cancer of the brain, skin, digestive system, hematological system or genitourinary system. SB 184 lis...
The National Council on Compensation Insurance reported on Tuesday that the workers' compensation system remains healthy, with private carriers notching their 12th consecutive year of underwriting profitability in 2025.
The average combined ratio for workers' compensation carriers increased to 91% in 2025 from 86.1% in 2024, according to NCCI's latest State of the Line report. A combined ratio below 100% means carriers paid less in benefits than they collected in premiums and demonstrates profitability.
Overall, the property and casualty industry combined ratio fell to 93% in 202...
A New York appellate court upheld a grant of summary judgment for a landlord and lessor partially dismissing a worker’s Labor Law claims against them.
Case: Hearns v. Blended Family LLC, No. 801860/22, 04/21/2026, published.
Facts: Gaines Hearns worked as a telecommunications field technician for Verizon. He allegedly suffered injuries while installing Wi-Fi at a mixed-use building.
The premises were owned by Abeken Apartments LLP, which leased the commercial portion of its basement to Blended Family LLC for the operation of a daycare center.
The lease did not include the basement on...
A New York appellate court ruled that the Workers’ Compensation Board did not err in denying a worker’s request to preclude the report of an independent medical examiner.
Case: Matter of Martinez v. Sing Sing Correctional Facility, No. CV-25-0759, 04/23/2026, published.
Facts: Michael Martinez worked for Sing Sing Correctional Facility. He suffered injuries at work in January 2023 while manually cranking a gate.
Martinez established a workers’ compensation claim, and his doctor opined that he was entitled to a schedule loss of use award.
On Dec. 1, 2023, a notice of indep...
An Ohio appellate court upheld a grant of summary judgment dismissing an injured worker’s civil suit against his employer and a co-employee.
Case: Hamilton v. Ameristone LLC, No. 2025CA00127, 04/23/2027, published.
Facts: Shawn Hamilton worked for Ameristone LLC. He suffered injuries at work in April 2023 when he was struck by a forklift operated by Noah Troyer, a co-employee.
Hamilton received benefits from the Bureau of Workers’ Compensation for his injuries.
Procedural history: Hamilton filed a civil suit against Ameristone, Troyer and the BWC. He contended that Troyer acted...
The West Virginia Supreme Court upheld a denial of benefits for a deputy sheriff’s heart attack.
Case: Willis v. Fayette County Commission, No. 25-734, 04/21/2026, published.
Facts: William Willis worked for the Fayette County Commission as a deputy sheriff. He went to the hospital on Oct. 29, 2023, with complaints of chest pain.
A cardiac catheterization was performed, which revealed a 90% thrombotic lesion in the mid-right coronary artery.
Procedural history: Willis filed a workers’ compensation claim, asserting that he had suffered a heart attack while responding to a call o...
Nevada-based workers' compensation carrier Employers launched a workers' compensation chatbot in the ChatGPT App Directory.
The carrier said the app aims at reducing friction for businesses buying workers' compensation coverage by allowing them to begin the process conversationally and without navigating complex forms of terminology.
Users can describe their business, location, payroll, employee count and years in operation and receive a real-time premium estimate. If they choose, the chatbot transfers the collected data to the carrier's secure portal to finalize coverage.
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Scammers are trying to trick employers into paying them to make workplace safety violations disappear, the Oregon Occupational Safety and Health Division announced Tuesday.
Oregon OSHA warned of two separate scams targeting businesses in the state.
The first involves callers targeting businesses that recently underwent a state OSHA inspection. The callers claim to represent a consulting firm and tell employers they can make sure the inspection results in no violations for a fee.
The other scam involves calling businesses claiming to work for Oregon OSHA and offering to settle an enforcement...
Healthcare workers and teachers in Connecticut would receive 100% of their average weekly earnings with no cap on the benefit amount if they are unable to work as a result of a physical or negligent assault, under recently enacted legislation.
Gov. Ned Lamont on Monday signed H.5003, providing full-pay salary continuation benefits instead of workers' compensation indemnity benefits that are equal to 75% of their average weekly earnings and capped at the state's average weekly wage.
The bill would also provide coverage for certain out-of-pocket expenses and lost wages for court appear...
A California appellate court upheld a trial judge’s entry of a judgment notwithstanding a jury’s verdict, finding that State Compensation Insurance Fund was entitled to an additional $555,327.53 in premium from an employer.
ReadyLink is a staffing agency that supplies temporary nurses to healthcare providers. From September 2001 through February 2007, ReadyLink used State Fund for workers’ compensation coverage.
The SCIF policy required a payment of an annual premium that was to be “determined by [reference to SCIF’s] manuals of rules, rates, rating plans a...
