IL - Court Publishes Decision Applying Exclusivity to Shovel Attack on Worker
10/10/2025 | 0
The Illinois Appellate Court has ordered publication of its decision that found exclusivity shielded an employer from liability for injuries that a worker suffered in an attack by the owner’s mentally ill son.
Last month, the court released its decision in Kordas v. Bob’s All Bright Electric Inc., No. 3-24-0482, as an unpublished opinion. Only published decisions are binding precedent in Illinois.
The court on Wednesday published its opinion in the case.
Kamil Kordas worked for Bob’s All Bright Electric Inc., an electrical contracting company. In November 2020, Kordas was ...
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A federal appellate court upheld the summary dismissal of a worker’s retaliation claim for his termination after allegedly suffering an on-the-job injury.
Case: Welch v. Heart Truss & Engineering Corp., No. 24-1584, 10/06/2025, unpublished.
Facts: Daniel Welch worked as a delivery driver for Heart Truss & Engineering Corp.
He injured his left knee at work in 2017 and aggravated it about two years later. He then filed a workers’ compensation claim, but it was denied.
In 2020, Welch injured his ankle, filed another claim and was granted paid medical leave t...
Florida’s 1st District Court of Appeal ruled that a judge of compensation claims erred in prospectively awarding treatment for a worker’s hernia without first determining whether the condition was caused by a work accident.
Case: Mavis Tire & Brakes v. Lowry, No. 1D2024-2458, 10/08/2025, published.
Facts: Albert Lowry worked for Mavis Tire & Brakes. He allegedly suffered injuries while lifting a heavy tire and rim at work in 2021.
Procedural history: Lowry sought authorization for an evaluation and treatment by a general surgeon for a hernia. Judge of Compensation Claims...
The West Virginia Supreme Court upheld the denial of authorization for a worker’s lumbar surgery.
Case: Hankins v. Sprouting Farms Corp., No. 25-245, 09/16/2025, published.
Facts and procedural history: Dallas Hankins worked for Sprouting Farms Corp. He injured his back while lifting boxes at work in January 2021.
A claims administrator for Sprouting’s insurance carrier accepted liability for a lumbar sprain/strain.
Dr. Robert Crow examined Hankins in February 2021. Crow noted spondylolisthesis of L5 on S1 and significant left neural foraminal stenosis, mild to moderate right n...
Post-traumatic stress disorder is one of the most frequently asserted mental health conditions we see in the workers’ compensation system. And while there’s no question that true PTSD can sometimes be debilitating, the reality is that the diagnosis is often overapplied in claims, not because of fraud, but because treating providers want to advocate for their patients.
The problem is that “advocacy” often replaces science. Providers frequently overlook one of the most basic requirements of the DSM-5-TR: For PTSD to be validly diagnosed, symptoms must last at least o...
California's combined loss and expense ratio for 2024 was higher than it has been in more than 20 years as a result of higher claim frequency and expenses and modest changes in earned premiums, according to the latest quarterly experience report by the Workers' Compensation Insurance Rating Bureau.
The combined ratio increased 13 percentage points last year to 127%, clearing the pre-SB 863 high of 125% set in 2009. The combined ratio for 2024 is higher than any year of the current millennium except 2001, when it was 145%.
"Combined ratios have been above 110% for the past four y...
The California Division of Workers’ Compensation updated sections of the Official Medical Fee Schedule covering hospital departments and ambulatory surgical centers to conform to changes made by Medicare.
The division said the order updating the hospital outpatient departments and ASC section of the fee schedule adopted:
The CMS Medicare Hospital Outpatient Prospective Payment System October 2025 “Addendum A” and “Addendum B.”
Certain sections of the CMS Medicare OPPS October 2024 Integrated Outpatient Code Editor quarterly data files V263.R0.
The fee sched...
NATL. - Rising Medical Solutions Names First Chief Growth Officer
Rising Medical Solutions, a workers' compensation services company, announced the appointment of David Dubrof as its first chief growth officer.
Dubrof most recently was chief sales officer at MyMatrixx, a pharmacy benefit management company in the workers' compensation sector. He has more than 30 years of leadership experience in the workers' compensation, health care and technology sectors, Rising said Wednesday in a statement.
Dubrof will pilot the company's client acquisition and retention strategies and lead the sales and account services teams, the statement said.
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California-based ICW Group Insurance Cos. named Lynn Moretti chief claims officer, tasking her with leading the company’s claims operations and strategy across its commercial and specialty lines.
Moretti, who brings more than 25 years of experience in claims and operations, will oversee ICW Group’s nationwide team of claims professionals and manage best practices, resolution strategies and process improvements.
She most recently served as chief claims officer for AmTrust Specialty, where she led international claims operations across the U.K. and European Union. She prev...
The Illinois Appellate Court upheld an award of benefits for a laborer for conditions related to injuries he sustained to his neck and shoulder.
Jacob Soto worked for the City of Chicago as a laborer. While shoveling asphalt during a paving project in June 2013, he suffered an injury to his left shoulder and neck.
Initially, Soto was diagnosed with a torn labrum and underwent surgery to repair it in December 2013. After his shoulder surgery, Soto reported numbness in his left arm and hand, which had persisted ever since.
Dr. Brian Cole evaluated Soto in December 2014. He opined that So...
The North Carolina Court of Appeals upheld a finding that an employer did not waive its ability to challenge an injured worker’s entitlement to benefits and that its contest of the claim did not warrant sanctions.
Case: Camacho v. North Carolina Department of Adult Correction, No. COA24-636, 10/01/2025, published.
Facts: Kathleen Camacho worked as a registered nurse for the North Carolina Department of Adult Correction.
In July 2019, Camacho participated in training so she could carry pepper spray while she worked at a correctional facility. Registered nurses at the facility are ...
A New York appellate court upheld a grant of summary judgment for the defendants in a Labor Law claim.
Case: Barron v. City of New York, No. 2022-04687, 10/01/2025, published.
Facts: Don Barron worked for Severn Trent Environmental Services Inc. He allegedly suffered injuries when he fell from a retaining wall bordering the Gowanus Canal while conducting an inspection as part of his employment with Severn.
Procedural history: Barron filed a complaint against the City of New York, New York City Department of Environmental Protection, Bureau of Waste Water Treatment and Northeast Remsco Const...
The West Virginia Supreme Court upheld a decision denying the expansion of a worker’s claim and for additional treatments.
Case: Bragg v. Blue Creek Mining LLC, No. 25-276, 09/16/2025, published.
Facts: Danford Bragg worked for Blue Creek Mining. He injured his right arm at work in June 2016 while lifting a gate jack.
Bragg sought medical treatment that same day and was diagnosed with a biceps tendon rupture.
About a week later, Bragg underwent a magnetic resonance imaging scan of his shoulder. The results were consistent with biceps tendinitis with no evidence of complete tendon dis...
California Gov. Gavin Newsom signed bills requiring regulators to provide yearly updates on disciplinary actions against unlicensed contractors and setting a minimum fine for contracting without work comp coverage.
The governor on Tuesday signed SB 291, by Sen. Tim Grayson, D-Concord, requiring the Contractors State License Board to include in its annual report to lawmakers details about actions taken against illegally uninsured contractors.
The bill also requires CSLB to update lawmakers on efforts to create a process to verify that contracts claiming to be exempt from work comp requirement...
The Illinois AFL-CIO told Gov. J.B. Pritzker that it is withdrawing from the agreed-bill process for revising work comp and unemployment laws, saying its good-faith participation is not being reciprocated in other states.
The informal process of bringing labor and business groups together to agree on legislative changes dates back to the 1980s and remained a state standard for nearly four decades, AFL-CIO President Tim Drea and Secretary-Treasurer Pat Devaney wrote in a Sept. 29 letter to the governor posted by theillinoize.com.
"Unfortunately, Illinois labor's consistent good-f...
Two-thirds of small-business employees have concerns about safety at work, according to a survey released Wednesday by Pie Insurance.
The results revealed that 58% witnessed workplace injuries in the past year and 43% reported “feeling pressured to work through unsafe conditions,” according to a news release from Pie.
The Denver-based workers' compensation insurer commissioned the online survey on workplace safety and culture, which covered 1,021 full- and part-time employees at businesses of two to 500 workers.
The survey also found that 83% feel comfortable reporting safet...
