CA - Trial Court Lacks Jurisdiction to Order Reimbursement on Employer's Lien
09/29/2026 | 0
In an unpublished decision handed down Monday, a California appeals court held that an employer had not perfected its lien before an injured worker settled and dismissed her case against a third party, leaving the trial court without jurisdiction to order reimbursement.
Jennifer Slamer worked for Southern California Permanente Medical Group and suffered disabling injuries to her respiratory system from exposure to a disinfectant manufactured by Ecolab in February 2016. The medical group settled her workers' compensation claim.
In May 2017, Jennifer Slamer and Christopher Slamer
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The Arizona Court of Appeals upheld a determination that expert testimony was not required to establish that a truck driver suffered a compensable injury from his exposure to exhaust fumes that had accumulated in the cab of his truck.
Case: City of Tombstone v. Industrial Commission, No. 1 CA-IC 25-0032, 09/23/2026, unpublished.
Facts: Carlo Agudio worked for the City of Tombstone as a truck operator. On July 31, 2023, Agudio hauled rocks in a dump truck from 8-11 a.m. Unbeknownst to him, a mechanical malfunction caused the cab of the truck to fill with exhaust fumes.
He has no memory of re
The Illinois Appellate Court ruled that an injured worker could not bring a contribution claim against his employer as the assignee of a defendant who had settled his claims against it.
Case: Clark v. F.H. Paschen, Nos. 1-24-0383 and 1-24-1528, 09/24/2026, unpublished.
Facts: Cederick Clark worked for Garth Masonry Corp. He suffered injuries in December 2018 while working at O’Hare International Airport.
Procedural history: Garth filed suit against Milhouse Engineering & Construction Inc. and others, seeking damages.
Milhouse then filed a contribution claim against Clark’s
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his injuries from tripping at a construction site.
Case: Berardi v. 900 Third Avenue LP, No. 156323/21, 595095/22, 09/22/2026, published.
Facts: Christopher Berardi worked for Empire Office Inc. He allegedly suffered injuries when he tripped on a torn and crumpled portion of tarp that covered a corridor as he was pushing an A-frame cart to deliver glass windows to newly constructed offices in a renovation project.
The building was owned by 900 Third Avenue LP, and Gannon Contra
(Editor’s note: This blog is the last of a three-part series about artificial intelligence in California workers’ compensation.)
If there is one appellate decision every California claims professional should memorize this year, it’s Quinteros v. Harbor Distributing LLC.
No, it’s not a workers’ compensation case. But it is a terrifying preview of what happens when lawyers treat AI like a legal magic wand.
In Quinteros, attorneys submitted court filings packed with nonexistent appellate decisions and fabricated quotes. When caught, they attempt
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to a permanent partial disability award.
Case: Hill v. Marshall County Coal Resources, No. 26-ICA-99, 09/25/2026, published.
Facts: Ryan Hill worked for Marshall County Coal Resources. He went to the hospital in April 2024, complaining of head and neck pain after having struck his head at work the day earlier.
A computed tomography scan of Hill’s cervical spine revealed mild C4-C5 and C5-C6 degenerative disc disease and no acute fracture. A CT scan of the brain and a chest X-ray d
The Monterey County District Attorney's Office announced that a former California Department of Corrections officer was convicted of workers' compensation fraud after pleading no contest to felony charges.
Lorena Hernandez Alvarado, 43, is scheduled to return to court Oct. 22 for sentencing.
County prosecutors said Alvarado in April 2021 claimed she was injured while working at Salinas Valley State Prison.
Alvarado claimed that she injured her shoulder, neck, back and knees while wielding a heavy shield to protect herself from liquid thrown on her by an inmate. She never returned to
A Sacramento jury returned guilty verdicts on three counts of workers' compensation insurance fraud filed against a bus driver for the Sacramento Regional Transit District who claimed she was assaulted by a passenger, according to information provided by Intercare Holdings Insurance Services.
Rona C. Means was convicted of one felony offense and two misdemeanor offenses. Restitution may be determined at the next court date on Oct. 23.
Means reportedly said she was injured in July 2018 when a man in a wheelchair allegedly punched her repeatedly with a closed fist.
Surveillance foot
WorkCompCentral and the Insurance Council of Texas are partnering to present a free legislative update webinar on Oct. 27.
The two-hour session will explore where workers' compensation stands in the political arena, including how it is positioned within the committee structure of the Legislature, and relevant political and policy forces heading into the 90th Legislative Session that convenes Jan. 12.
Panelists will discuss current legislative issues and priorities driving policymakers, as well as potential impacts on system users.
Panelists include Albert Betts Jr., executive direct
SACRAMENTO, CA – The Association of Workers' Compensation Professionals (AWCP), Northern California's premier Workers' Compensation association, announces a call for nominations to fill five positions on the AWCP Board of Directors beginning January 1, 2027. The vacant positions include two Board of Directors, President, Vice President
The Kentucky Supreme Court upheld an award of benefits to a worker for his injuries from being struck by a car as he was crossing a highway to head to his jobsite.
Donnell Perry worked for Safe Zone as a traffic control flagger.
On March 8, 2023, Perry reported to Safe Zone for work at 7 a.m. and was transported to three different worksites by on-site supervisors.
He was over 10 hours into his shift when he received permission from a supervisor to go to a nearby convenience store to purchase a phone charger and cigarettes.
It was important for Perry to keep his cellphone charged because he
The Oregon Court of Appeals ordered the Workers’ Compensation Division to reconsider a worker’s challenge to the closure of his claim in light of new legislation that took effect while his appeal was pending.
Donald Hill worked for Trader Joe's. He injured his right knee at work in April 2019.
After surgery, Dr. Victor Lin opined that Hill was medically stationary as of November 2020.
The next month, Trader Joe's issued a notice of closure.
Hill requested reconsideration, and the notice of closure was rescinded because the record did not contain sufficient information t
A New York appellate court overturned a grant of summary judgment for a Labor Law defendant on its cross-claim for contractual indemnification.
Case: Martinez v. 56th Realty LLC, No. 157485/21, 09/22/2026, published.
Facts: David Martinez suffered injuries while working on a construction project at a property owned by 56th Realty LLC.
Procedural history: Martinez filed suit against 56th Realty, asserting a claim for violations of the Labor Law. The company then filed a cross-claim against Puca Construction Corp. for contractual indemnification.
New York County Supreme Court Justice Sh
The Commonwealth Court of Pennsylvania upheld a determination that a worker had fully recovered from an aggravation of the degenerative condition of her cervical spine.
Case: Rathfon v. Rite Aid Corp. (WCAB), No. 574 C.D. 2025, 09/23/2026, unpublished.
Facts and procedural history: Susan Rathfon worked for Rite Aid Corp. She filed a workers’ compensation claim, asserting she suffered an aggravation of the degenerative condition of her cervical spine in January 2019.
A workers’ compensation judge awarded Rathfon total disability benefits of $1,049 per week beginning in Febru
The Ohio Bureau of Workers’ Compensation announced that a man pleaded guilty to taking disability benefits even though he was running a business.
Jovon Palmer, 47, acknowledged his fraudulent scheme and was ordered to pay $10,994.30 in restitution.
BWC’s Special Investigations Unit received a tip that Palmer had returned to work despite still collecting disability benefits.
The investigation established that he knowingly and with fraudulent intent worked in his cleaning business while continuing to receive BWC payments.
California retains the nation’s largest workers’ compensation system, with some 17.8 million covered jobs and $1.55 trillion in covered payroll in 2023, according to a California Workers’ Compensation Institute review of new data from the National Academy of Social Insurance.
Comp programs in the state paid an estimated $13.88 billion in benefits in 2023, an increase of $916 million, or 7.1%, from 2022.
California’s $13.88 billion in benefit payments surpassed the combined total for New York, Florida and Washington, which ranked second, third, and fourt
The California Applicants' Attorneys Association is holding a webinar on Friday to answer questions about the state's Subsequent Injuries Benefits Trust Fund.
Presenters include Scott Ford, of Ford & Wallach; Jason Marcus, of Marcus & Pulley; Bob Sherwin, of Lewis, Marenstein, Wicke, Sherwin & Lee LLP; and Jason Wells, of Wells Law. They will address members' questions about the controversial second injury fund.
The program has been approved for 1.0 hours of minimum continuing legal education credit by the State Bar of California and costs $100 for CAAA
