FL - Forfeiture of Benefits for Prior Shoulder Injury Doesn't Bar Award for Later Shoulder Claim
11/14/2025 | 0
A Florida appellate court ruled that a worker’s forfeiture of benefits for a prior shoulder injury did not bar her from receiving an award after she reinjured her shoulder at work.
Annita C. Williams Jackson worked for the Pinellas County Transit Authority. She injured her shoulder at work in 2021 and then reinjured her shoulder while at work in 2022.
Jackson filed a workers’ compensation claim. The Transit Authority’s insurance carrier denied it.
The carrier asserted that Jackson’s 2021 injury was the major contributing cause of her need for benefits after the ...
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The North Carolina Court of Appeals ordered additional proceedings on whether a worker was able to find alternate employment and on his potential wage-earning capabilities.
Case: Hall v. Jones Lang LaSalle Inc., No. COA25-59, 11/05/2025, unpublished.
Facts: Brian Hall worked for Jones Lang LaSalle Inc. as an operating engineer. He suffered injuries to his shoulder while at work in May 2019.
Dr. Kevin Speer opined that Hall reached maximum medical improvement in March 2023. He assigned a 25% impairment rating.
Procedural history: The Industrial Commission found that Hall&rsqu...
A New York appellate court ruled that a trial justice properly denied a motion to vacate a default judgment entered against the defendant in a Labor Law claim.
Case: Canales-Diaz v. City of New York, No. 801359/21, 11/06/2025, published.
Facts and procedural history: Hernan Canales-Diaz filed suit against the City of New York for violations of the Labor Law. He then moved for summary judgment.
The city failed to respond to the motion, and its default was entered.
The city later moved to vacate the default, asserting that it had a reasonable excuse and a meritorious defense.
Bronx County S...
The Alabama Court of Civil Appeals upheld the constitutionality of a statutory cap on attorney fees at 15% of the compensation awarded or paid to an injured worker.
Case: Carter-Shepherd v. Royal Furniture Co., No. CL-2025-0272, 11/07/2025, published.
Facts and procedural history: Tracia Carter-Shepherd worked for Royal Furniture Co. She filed a workers’ compensation claim in January 2022.
In September 2024, Carter-Shepherd and Royal submitted to the trial court a petition to approve a settlement agreement.
The settlement provided that Royal would pay Carter-Shepherd a lump sum of $5...
As of Oct. 30, 2025, Pennsylvania first responders may file a workers’ compensation claim for post-traumatic stress injuries (PTSIs) that result from certain qualifying events.
Crucially, Act No. 121, Workers’ Compensation Act-Compensation for Post-Traumatic Stress Injury, eliminates the requirement that the trauma be due to an “abnormal working condition.” Trauma from several types of events common to first responders' work now qualify as compensable.
This legislation makes it drastically easier for firs...
Massachusetts lawmakers are scheduled to hear testimony on a bill that would explicitly classify those driving for transportation network companies, such as Uber and Lyft, as employees.
Senate Bill 1305, by Sen. Lydia Edwards, D-Suffolk, addresses numerous ride-hailing issues, including liability coverage and when a driver is considered to be "working."
The bill would also declare that app-based delivery workers are presumed to be employees, though it does not specify criteria or processes for companies to rebut the presumption.
In practice, state law already presumes all wo...
Rules adopted by New York state agencies that reference guidelines or recommendations of the U.S. Centers for Disease Control and Prevention would be deemed to instead refer to nationally recognized clinical practices, under a bill introduced in the Assembly.
A9077, by Assemblymember Jenifer Rajkumar, D-Queens, would define "nationally recognized clinical practice" as a methodology or standard of care widely accepted and used by licensed health care professionals throughout the country and is based on peer-reviewed scientific evidence and professional consensus.
The proposed defini...
Home health services account for more than a quarter of medical spending on $1 million workers' compensation claims, despite representing less than 3% of typical cases, the National Council on Compensation Insurance said in a research brief.
On average, home health services accounted for 2% of medical costs across all claims in accident year 2024, while skilled nursing accounted for 0.8%, NCCI said in the brief released Wednesday.
However, when the incurred costs exceed $1 million one year after the injury, the projected home health share of medical costs jumps to 20.1%, while skilled nu...
The Texas Division of Workers' Compensation has adopted an audit plan that will evaluate the reasonableness and necessity of tests and referrals ordered by designated doctors who conduct impartial evaluations to help resolve disputes.
In addition to making sure services requested were supported by evidence-based medicine, the audits will also examine whether doctors documented tests and dates in their narrative reports, incorporated test results into the reports and how the providers receiving referrals were selected.
The DWC plans to audit providers who generated the most referrals or d...
The Special Investigative Unit of RJN Investigations, Inc. was recently notified of a felony arrest based upon a documented fraud referral. In this case, the claimant was employed as a caretaker of the California Department of Social Services - I.H.S.S. At the time of the claimant's deposition, he appeared wearing a back support and ambulating with the aid of a cane. Proactively,...
An Ohio appellate court ruled that a worker was not entitled to writ relief directing the Industrial Commission to vacate its finding that she had reached maximum medical improvement for her physical injuries.
Fatima Burgan worked for the Cuyahoga Hills Juvenile Corrections Facility. She suffered multiple injuries while at work in February 2020, including the partial traumatic amputation of her right foot.
The Bureau of Workers’ Compensation awarded Burgan temporary total disability benefits for her physical injuries.
In July 2023, the Industrial Commission ruled that Burgan’s d...
The Virginia Court of Appeals ruled that workers’ compensation exclusivity barred a camp employee from suing her employer for her injuries from being bitten by a dog.
Case: Vidunas v. Camp Mont Shenandoah Limited, No. 2008-24-3, 11/05/2025, unpublished.
Facts: Ann Warner was the controlling shareholder of Camp Mont Shenandoah, a small all-girls camp. Warner had two dogs, Rollins and Otis, who often accompanied her when she was at the camp.
Otis was a border collie Warner had raised from a puppy. He had no history of biting except for one time as a pup.
Catherine Vidunas worked at the...
A New York appellate court overturned a finding that a school custodian was exposed to an elevated risk of contracting COVID-19 in his workplace.
Case: Matter of Angelo v. Southwestern Central School, No. CV-24-0407, 10/20/2025, published.
Facts: Michael Angelo worked for Southwestern Central School as a high school custodian. He filed a workers’ compensation claim, alleging that he contracted COVID-19 while at work.
According to Angelo, his scheduled shift ran from 1:30-10:00 p.m.; regular classes ended at 2:45 p.m., and students participating in sports remained at the...
A Louisiana appellate court ruled that an injured truck driver was not entitled to workers’ compensation benefits because he was an independent contractor.
Case: Winfield v. Indemnity Insurance Co. of North America, No. 2025 CA 0407, 11/07/2025, published.
Facts and procedural history: Dean Winfield worked for 28277 RXO Capacity Solutions LLC.
RXO later became XPO Logistics Freight Inc.
Winfield filed a workers’ compensation claim, alleging that he suffered injuries in December 2020 while hooking up a trailer in the course and scope of his employment with RXO.
XPO contested th...
Colorado Gov. Jared Polis on Wednesday pitched lawmakers on spending less for Medicaid and privatizing Pinnacol Assurance as solutions for an expected $850 million budget deficit, just as he did last year when the state was facing a $1 billion shortfall.
The budget proposal the governor's office released Wednesday assumes that Pinnacol will pay the state $400 million "in recognition of the state's contribution to creating Pinnacol's current economic value."
The governor's budget would direct $193 million for property tax relief and $109 million for maintenance o...
NATL. - Sedgwick Names CEO of International
Sedgwick announced that Paul White will assume the role of CEO, international, effective Jan. 1.
White is currently the regional CEO of international and is based in London. In his new role, he will continue to lead strategic efforts across international markets, working closely with regional CEOs and operational teams, according to a statement the company issued Monday.
White has served as regional CEO, international, for the past six years, overseeing operations in the U.K., Australia, Asia, the Middle East, New Zealand and South Africa. Before that, he held leadership roles as Sedgwic...
The Workers Compensation Research Institute announced that economist and industry expert Bob Hartwig will deliver the keynote address at its 2026 conference.
Hartwig, a clinical associate professor of finance, director of the Center for Risk and Uncertainty Management at the University of South Carolina and past-president of the Insurance Information Institute, is slated to provide an overview of the workers' compensation ecosystem, including risk management, economic trends and forces shaping the future of the industry.
WCRI said he will examine labor markets and wage trends, politi...
