TX - District Court Judge Can't Enjoin ALJ's Subpoena in Contested Case
02/26/2026 | 0
A Texas appellate court ruled that a district court judge could not enjoin an administrative law judge’s issuance of a discovery subpoena in a contested case about compensability.
Lauren Smith worked for Fort Bend County as a paramedic. She died at home in April 2023 after working a 48-hour shift.
Smith’s husband filed a claim for death benefits, which the county contested.
The husband initiated a contested case proceeding with the Division of Workers’ Compensation. Fort Bend sought a subpoena for Smith’s mental health records from Dr. John Marcellus, the doctor...
Read More
A Texas appellate court ruled that the family of a worker killed in a refinery accident had to arbitrate their gross negligence claims, pursuant to an agreement the worker signed when he was hired.
Case: Turner Specialty Services LLC v. Horn, No. 01-24-00097-CV, 02/24/2026, published.
Facts: Turner Specialty Services LLC provides turnaround maintenance services at refineries and petrochemical facilities in states along the Gulf of Mexico, including Alabama, Mississippi, Louisiana and Texas. Justin Horn worked for TSS.
When he was hired, Horn signed an arbitration agreement. It required...
A Texas appellate court affirmed a trial court's take-nothing judgment in favor of a non-subscribing employer that was sued for negligence and premises liability.
Case: Kimberly Cotton v. A&D Interests, 14-25-00120-CV, 02/24/2026, published.
Facts and procedural history: Kimberly Cotton was injured on what she described as a "soupy" night in December 2020 after she clocked out and exited Heartbreakers nightclub in Dickinson, roughly halfway between Houston and Galveston. After stopping to talk to a club patron outside the business, she began to step off the curb to continue...
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his injuries from falling off a ladder after suffering an electric shock.
Case: Szczesiak v. Ery Tenant LLC, No. 153101/20, 02/05/2026, published.
Facts: Mikolaj Szczesiak worked as an electrician. He allegedly suffered injuries in September 2019 when he fell from a 10-foot ladder.
According to Szczesiak, Crana Electric Inc. directed him to work on the lighting on the 11th floor of a building owned by Ery Tenant LLC. Szczesiak searched for a ladder that wou...
Multi-Year sponsorship Expands Across Texas and California with Educational Resources, Community Leadership, and Patient Support
BAKERSFIELD, Calif. / AUSTIN, Texas - Centre for Neuro Skills (CNS) and the American Heart Association/American Stroke Association have extended their strategic relationship through 2027. CNS support of the Association launched in 2023 to forge stronger connections with...
The West Virginia Intermediate Court of Appeals vacated an award of benefits to a coal lab employee, finding that the Board of Review failed to provide sufficient analysis of the evidence.
Case: SGS North America Inc. v. Vandall, No. 25-ICA-266, 02/03/2026, published.
Facts: Kevin Vandall worked as a lab tech and prep tech for SGS North America Inc., doing coal testing. He was allegedly exposed to dust in this job.
Vandall was laid off in June 2020.
In August 2021, Vandall underwent pulmonary function testing and X-rays. Dr. Afzal Ahmed diagnosed him with simple pneumoconiosis after v...
NATL. - NCCI: State Pain Management Costs Vary as Opioids Fall, Topicals Rise
Pain management accounted for 30% of workers' compensation medical costs in 2023, according to a new research brief released Wednesday by the National Council on Compensation Insurance that revealed a “wide” variation in pain management costs across states.
The report found that pain management paid-per-claim increased an average of 1% annually from 2012 to 2023 across 36 study states.
Louisiana recorded the largest increase over that period, while Alaska saw the largest decline. Even after adjusting for differences in diagnosis mix, substantial cost variation remained, accor...
Nebraska Gov. Jim Pillen signed a bill eliminating the workplace safety consultation program.
Pillen on Monday signed LB 397, which eliminates laws enacted in 1993 requiring employers to establish safety committees to develop written injury prevention programs.
The bill also eliminates the Workplace Safety Consultation Program, which was created to conduct workplace inspections and consultations to determine whether employers are complying with federal workplace safety standards.
Since the program is being eliminated, its remaining funds will be transferred into the state's General Fund...
All 50 states and the District of Columbia now operate prescription drug monitoring programs, but how those systems — and broader pharmacy rules — function in workers' compensation varies sharply by jurisdiction, according to a report released Wednesday by the Workers Compensation Research Institute.
The study, a 50-state inventory of prescription drug regulations affecting workers' compensation and other payers, reflects the legal landscape as of the current year.
While PDMPs are now universal, states differ in which drugs are tracked, whether prescribers are required to...
The South Carolina House of Representatives passed a bill clarifying procedures relating to third-party recovery rights.
The House voted 112-0 on Monday to pass HB 3774, which would say that an injured worker's failure to notify the Workers' Compensation Commission, the employer and the carrier about initiating a third-party recovery on a form prescribed by the commission does not constitute an election of remedy.
The bill would also clarify that an injured worker must initiate a third-party recovery action within no later than one year before the expiration of the statute of limitat...
The Virginia Court of Appeals on Tuesday held that the regular use of subcontractors to complete projects was sufficient to give the Workers' Compensation Commission jurisdiction over an injured worker's claim against his employer.
While subcontractors or their employees worked for only a few days on Gencon projects in the year before Jose A. Zacarias Perez was injured, the fact that they were present at three of five jobsites was sufficient for the commission to consider them statutory employees.
"Since this was Gencon's regular and recurrent practice, it does not matter &#...
An Ohio appellate court revived a nanny’s claims for disability discrimination and workers’ compensation retaliation against her former employers.
Case: Ungerbuehler v. Kelly, No. C-250201, 02/11/2026, published.
Facts: Kayla Ungerbuehler worked for James and Kristen Kelly as a nanny. In February 2023, she was injured in a car accident.
Within 90 days of the accident, Ungerbuehler provided the Kellys with a written notification of her intent to pursue a workers’ compensation claim.
On Oct. 15, 2023, Ungerbuehler informed the Kellys that she needed surgery for her inj...
A federal appellate court upheld a worker’s award under the Black Lung Benefits Act.
Case: Island Creek Kentucky Mining v. OWCP, No. 25-3200, 02/04/2026, unpublished.
Facts: Eddie Stewart worked in underground coal mines for just fewer than 15 years. He was last employed by Island Creek Coal Co.
Procedural history: Stewart filed four compensation claims under the Black Lung Benefits Act between 1996 and 2011.
Each claim was denied, either because Stewart was found not to have pneumoconiosis or that he had the disease but was not totally disabled by it.
Stewart filed a...
The West Virginia Intermediate Court of Appeals upheld an award for a worker’s carpal tunnel syndrome, finding he developed the condition after suffering a crush injury to his hand.
Case: Coronado Coal Corp. v. Stewart, No. 25-ICA-268, 02/03/2026, published.
Facts: Anthony Stewart worked for Coronado Coal Corp. He suffered injuries at work in May 2023 when a rock fell on his hand.
A claims administrator for Coronado’s insurance carrier accepted liability for a hand contusion and right ring finger fracture.
Dr. Luis E. Bolano recommended surgery, which he performed in May 2...
Arizona lawmakers are considering legislation that would require the Industrial Commission to operate a public-facing database with information about workers' compensation policies.
HB 2680 would require that the database provide information, including the name of the insured, the name of the insurer and the expiration date of the policy.
The bill would also require the commission to maintain records of all workers' compensation policies sold by each broker or agent, and it would require insurers to provide the commission with a copy of the declaration page for each workers' comp...
A New York appellate court upheld a determination that a worker’s claim for treatment, filed more than two years after his accident, was timely.
Case: Matter of Foster v. Monadnock Construction Inc., No. CV-24-1581, 02/05/2026, published.
Facts: John Foster worked for Monadnock Construction Inc. He suffered injuries at work in May 2020 when a ladder struck him in the face.
Monadnock accepted liability for Foster’s injuries.
In 2023, Foster’s doctors sought authorization for various medications and treatment to tackle what they diagnosed as a traumatic brain injury, p...
