IL - Injured Police Officer Loses Challenge to Commencement Date of Disability Benefits, Amount
11/25/2025 | 0
The Illinois Appellate Court rejected an injured police officer's challenges to the proper date of commencement for his disability pension payments and the amount of those benefits.
Berwyn police officer Michael Vokac was injured in March 2020 attempting to subdue a combative individual.
He underwent multiple surgeries but was never able to return to duty.
Vokac collected benefits pursuant to the Public Employee Disability Act while undergoing treatment. These PEDA benefits paid Vokac his full salary, and pension contributions were deducted from the payments.
Vokac’s PE...
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The Washington Court of Appeals upheld a determination that the Department of Labor and Industries accurately calculated the retroactive disability pension benefits owed to an injured worker, and that it did not intentionally or unreasonably delay making payment to him.
Case: Yetter v. Department of Labor and Industries, No. 87957-0-I, 11/17/2025, unpublished.
Facts and procedural history: Gary Yetter worked as a King County paramedic. He filed a workers’ compensation claim in 2017.
The Department of Labor and Industries denied his claim, and the Board of Industrial Appeals affirmed.
...
The Kentucky Court of Appeals partially overturned an award for a coal miner’s injuries, finding an administrative law judge erred in accepting impairment ratings for both wrists and both shoulders instead of making findings on an individual impairment rating for each shoulder and hand.
Case: Muhlenberg County Coal Co. LLC v. O’Bannon, No. 2025-CA-1128-WC, 11/14/2025, unpublished.
Facts: Nathan O’Bannon worked for the Muhlenberg County Coal Co. LLC. He filed a workers’ compensation claim for alleged injuries to his neck, back, shoulders, hands, and knees.
Chiropracto...
A New York appellate court ruled that the defendants’ motion for summary judgment on a Labor Law claim should have been granted.
Case: Healy v. Trinity Hudson Holdings, No.155818/20, 11/18/2025, published.
Facts: Michael Healy allegedly suffered injuries while working in a meeting room that had projection screens, soundproof walls, and raised floors, including a platform for the speakers. The platform had two access points — one via a ramp and the other on the opposite side of the platform, via a two-step staircase.
Healy needed to work on the ceiling above the platform, so he p...
In 1952 (over 73 years ago) the California Supreme Court upheld the constitutionality of the Subsequent Injuries Benefits Trust Fund in the Patterson case (17 CCC 142). But not only did the court uphold SIBTF constitutionally, they therein set forth the basis of how SIBTF benefits would be paid.
The court gives the example of the one-eyed man, stating:
“Workers’ Compensation laws of various states and the federal government contain provisions for additional compensation to be paid from a fund (rather than by the employer or his workers’ compensation insurance ca...
The Connecticut Division of Criminal Justice announced that a Norwalk police officer was accused of workers' compensation fraud after investigators allegedly found him lifting weights in contradiction to physical limitations he reported to his provider.
Steven Luciano, 44, said he injured his neck exiting his patrol vehicle in November 2024. He said the injury compromised grip strength in his dominant hand and he could not return to work because he could not use his firearm.
Luciano was placed on temporary total disability status.
The Connecticut Interlocal Risk Management Agency in Jan...
The Delaware Department of Labor announced provider participation rose after lawmakers increased reimbursement rates for certain services.
Delaware lawmakers in 2014 passed HB 373, which created the Workers' Compensation Oversight Panel and tasked it with creating a fee schedule to cut medical costs by 20% in the first year and by 33% over three years.
The Workers Compensation Research Institute in 2022 reported that the bill delivered the expected savings.
The Department of Labor, however, said the reimbursement rate for evaluation and management services fell below the rate paid by th...
The Iowa Court of Appeals reinstated a state employee’s gross negligence claim against a co-worker.
John Larson was an inmate at the Newton Correctional Facility, and he worked as an employee for the State of Iowa. Chad Holmes was also a state employee working as a correctional trades leader within the correctional facility.
Holmes borrowed a skid loader from a local business when the one owned by the state and used at the facility stopped working. He then instructed Larson to help move a snowplow blade with the skid loader.
Holmes used the forks of the skid loader to lift the sn...
An Ohio appellate court ruled that a worker was entitled to writ relief returning her case to the Industrial Commission to reevaluate her entitlement to permanent total disability benefits.
Case: State ex rel. Davis v. Industrial Commission, No. 24AP-431, 11/13/2025, published.
Facts: Peggy Davis worked for the Ohio Department of Transportation. She suffered injuries from a workplace fall in July 2013.
The Bureau of Workers’ Compensation accepted Davis’ claim for an aggravation of her preexisting spinal stenosis and central cord syndrome, as well as adjustment disorder.
Procedu...
San Diego, California - 11/14/2025 - Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers' compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct claims, promotes Peter M. Golden, Esq. to Partner.
Mr. Golden is a Partner based out of the San Diego office of Die...
A New York appellate court revived a worker’s Labor Law action against a residential property owner.
Case: Reyes v. Rahman, No. 2024-01041, 11/19/2025, published.
Facts: Jose Cuervo Reyes allegedly suffered injuries while working on a property owned by Mohammad Rahman when he fell from a ladder.
Procedural history: Reyes filed suit against Rahman, asserting claims for violations of the Labor Law.
He moved for summary judgment on the issue of liability under Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing t...
The Arizona Court of Appeals overturned a trial judge’s grant of relief from a defendant’s default to an injured worker’s civil suit.
Case: Godoy v. Wilmot Apartments Enterprises LLC, No. 2 CA-SA 2025-0071, 11/12/2025, unpublished.
Facts: Jose Godoy worked for Transpacific Asset Management. In February 2023, he was working at the Wilmot Vista Apartments when he fell off a ladder that was bolted to the building.
Procedural history: Godoy filed suit against Wilmot Apartments Enterprises LLC and Wilmot Vista Apartments LLC, asserting a claim for premises liability.
He served...
Total disability benefits will increase nearly 5% next year to match the rise in the state's average weekly wage, according to the California Workers' Compensation Institute.
The average weekly wage grew to $1,789 in the first quarter of 2025, up 4.99% from $1,704 in the first quarter of 2024.
As a result, the maximum temporary total disability benefit and permanent total disability benefit will increase $83.82 to $1,764.11 per week for injuries occurring on or after Jan. 1 from $1,680.28.
Minimum TTD and PTD benefits will increase $12.58 to $264.61 from $252.03.
Other benefits, in...
The California Division of Workers' Compensation posted proposed changes to its disability accommodation rules to the online forum for public comments.
The rules would create a new form to file disability discrimination complaints and clarify that somebody should be prepared to attend in-person proceedings when a request for a remote appearance is not submitted at least five days in advance.
Existing rules say when a request for a remote appearance is made less than five days before a proceeding, the division will provide an accommodation unless it is unreasonable. The new rules would sa...
The National Council on Compensation Insurance said it doesn't anticipate an imminent reversal in the financial health of workers' compensation carriers or the adequacy of rates.
The national ratemaking organization said its 25th annual survey of workers' compensation insurance executives revealed concerns about the steady decline in rates and loss costs throughout the country, and the potential implication for rate adequacy.
Rates and loss costs have generally decreased for more than a decade due to falling claim frequency, moderate changes in medical and indemnity claim costs a...
A Florida lawmaker introduced legislation that would double the number of consent-to-rate policies that workers' compensation carriers are allowed to write.
State law currently allows carriers to use excess rates for up to 10% of their policies.
SB 618, filed Thursday by Sen. Keith L. Truenow, R-Tavares, would allow carriers to use excess rates for up to 20% of their annual workers' comp policies.
The 10% limit on excess rates for other commercial lines would remain in place.
SB 618 would also reduce the Florida Workers' Compensation Insurance Guaranty Association to nine m...
Southern California continues to have higher frequency and a higher concentration of more complex claims involving medical-legal services and litigation, the Workers' Compensation Insurance Rating Bureau said in its 11th annual study of regional differences in claim characteristics.
The WCIRB said the pattern of significant regional differences in indemnity claim frequency, even after adjusting for wages and industry mix, has remained generally stable. While differences widened slightly in the latest analysis, the 2025 Geo Study shows the same fundamental pattern as prior years.
Claim fr...