OH - Split Court Says Company's Former Owner Entitled to Comp Dividend Checks
01/16/2026 | 0
A divided Ohio appellate court ruled that a company that sold its assets to a new owner was entitled to receive the workers’ compensation policy dividend checks paid to the successor under the terms of the asset sale agreement.
Benie Logistics Inc. purchased a FedEx trucking and delivery business from Momentum Freight Logistics Corp. for $1.675 million.
The purchase agreement identified certain assets as excluded from the sale, including any workers’ compensation premium dividend reimbursement for the policy period from July 1, 2019, through July 1, 2020, and for the policy ...
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West Virginia’s Intermediate Court of Appeals overturned a denial of authorization for a worker’s shoulder surgery, finding the Board of Review failed to weigh the relevance, credibility, materiality or reliability of the evidence.
Case: Scott v. ACNR Resources Inc., No. 25-ICA-175 and No. 25-ICA-208, 12/22/2025, published.
Facts: Paul Scott worked as a maintenance mechanic and electrician for ACNR Resources Inc. He allegedly suffered injuries to his elbow after a fall at work on Oct. 31, 2023.
Scott sought medical treatment, and he was diagnosed with a sprain of the left ...
A New York appellate court ruled that a Labor Law defendant was entitled to summary judgment dismissing the claims for indemnification and contribution against it.
Case: Synysta v. 450 Partners LLC, No. 2021-04274, 12/17/2025, published.
Facts: Volodmyr Synysta worked for Bond Painting Co. Inc. He allegedly suffered a shock and fell off a scaffold after coming into contact with an electrical box while working at a construction site in November 2022.
Coach Inc. leased the site in a building owned by 450 Partners LLC. The ACC Construction Corp. was the general contractor for the project....
The Oregon Court of Appeals overturned an award of fees to an injured worker, finding the Workers’ Compensation Board did not adequately explain its reduction from the requested sum of $27,454.80 to $7,000.
Case: Acuna v. SAIF Corp., No. 1105, 12/24/2025, published.
Facts and procedural history: Mark Acuna worked for First City Painting. He established a workers’ compensation claim and the requested $27,454.80 in fees.
The Workers’ Compensation Board awarded only $7,000.
Analysis: The Oregon Court of Appeals said that the board is statutorily obligated to “award rea...
“Lies, damned lies, and statistics” is a famous phrase used to describe the persuasive power of numbers to bolster weak arguments and mislead an audience.
While widely popularized by legendary author Mark Twain, its true origin remains debated.
In his autobiography, Twain famously attributed the quote to British Prime Minister Benjamin Disraeli. Regardless, with the stated aim of avoiding lies (and damned lies), we’re going to use this article as a stage for estimating reasonably accurate statistics regarding the (HUGE) value that B&B partners Louis Larres and ...
A Missouri lawmaker introduced a bill that would allow certain nondependent family members to collect benefits that had accrued but not been paid before a worker died from causes unrelated to his or her claim.
Missouri law declares that a worker's death does not affect the liability of the employer to provide compensation that has accrued and become payable at the time of death. Accrued and unpaid compensation shall be paid to the injured worker's dependents or a personal representative.
HB 2983 would also allow benefits to be paid to family members, which would be defined to include...
NATL. - WCRI: Injectable Therapies Used in 4 of 10 Lost-Time Claims
Roughly four in 10 lost-time workers' compensation claims involved at least one injectable drug or procedure within 24 months of injury, and costs for self-administered drugs, such as those used for weight loss, doubled in six years, according to a new study by the Workers Compensation Research Institute.
The report examines injectable therapies across 28 states, including both clinician-administered procedures — such as epidural steroid injections, nerve blocks and joint injections — and self-administered injectable medications. Waltham, Massachusetts-based WCRI found that in...
A Nebraska lawmaker on Wednesday introduced legislation that would specify how losses are counted for experience rating purposes on deductible workers' compensation policies.
Nebraska law requires comp carriers to offer a $500 to $2,000 deductible for medical benefits and allows them to offer a deductible for up to 40% of the employer's annual premium.
While state law requires carriers to write and report deductible workers’ compensation policies in a way that is compatible with Nebraska’s uniform experience rating system, it doesn’t explicitly say how deductible re...
The Alaska Workers' Compensation Division is holding a virtual hearing Feb. 18 to discuss adoption of the latest edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment.
Alaska law mandates that permanent impairment ratings be assigned based on criteria in the AMA guides and requires the division to adopt the most recent edition of the guides within 90 days. The division currently uses the 2024 update to the sixth edition of the AMA guides.
The purpose of the Feb. 18 hearing is to discuss the 2025 update to the sixth edition, which was published...
California's 6th District Court of Appeal on Wednesday said the Workers' Compensation Appeals Board acted outside its jurisdiction by granting an injured worker's petition for reconsideration nearly two years after it was filed.
The WCAB did not attempt to explain the 22-month delay between receiving the case file and issuing its order after reconsideration, and there was no evidence of special circumstances to justify equitable tolling of the limitations period. Even assuming satisfaction of the first two elements — timely notice and lack of prejudice — the court...
An Ohio appellate court denied an employer’s challenge to a finding that a worker was entitled to additional temporary total disability benefits after undergoing surgery due to an allowed condition in his claim.
Case: State ex rel. Forward Air Corp. v. Industrial Commission, No. 24AP-223, 12/23/2025, published.
Facts and procedural history: D.W. Kincer worked for the Forward Air Corp., a self-insured employer. He suffered injuries to his left leg and foot in 2018. Kincer received treatment, including a spinal cord stimulator.
In 2020, a staff hearing officer determined that Kincer&rsq...
The Commonwealth Court of Pennsylvania upheld a determination that a worker’s former attorney had been adequately compensated for his services and that the worker was entitled to replace him.
Case: Puricelli v. Kolbas, No. 1440 C.D. 2023, 12/23/2025, published.
Facts and procedural history: Georgia Kolbas worked for the City of Philadelphia. She suffered a tick bite while working in May 2014 and developed Lyme disease.
Kolbas hired attorney Brian Puricelli to pursue a workers’ compensation claim, and in March 2016, a workers’ compensation judge approved of his receiving a ...
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his injuries from a fall from a scaffold.
Case: Pacheco v. 32-42 55th Street Realty, No. 2021-08218, 12/17/2025, published.
Facts: Galo Pacheco allegedly sustained injuries in 2014 when he fell from scaffolding while performing work on a construction site.
The site was owned by 32-42 55th Street Realty LLC, which had hired Crescent Street Construction Corp. to serve as the general contractor.
Crescent hired B Green Construction Corp. to install a brick facade on the front of ...
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker who fell 15 feet from a forklift had no permanent partial disability from his extensive injuries.
Case: Carter v. Seven Rivers Design Build LLC, No. 25-ICA-209, 12/22/2025, published.
Facts: Brandon Carter worked for Seven Rivers Design Build LLC. He fell 15 feet from a forklift in November 2022, suffering multiple injuries, including multiple facial fractures, a skull fracture, a liver laceration and a splenic laceration.
Dr. Cole Sloboda examined Carter in December 2022. Sloboda diagnosed a facia...
The New Mexico Workers' Compensation Administration is proposing rules that would require attorneys to analyze a dozen different issues when seeking fees in excess of the statutory cap.
The WCA is also proposing to eliminate a requirement that injured workers and their attorneys be allowed to participate in contacts with its case management contractor.
Attorney fees are generally capped by statute at $22,500. Attorneys requesting larger awards would be required to discuss "the chilling effect of miserly fees upon the ability of an injured worker to obtain adequate representation,&qu...
Legislation introduced at the request of the Washington State Department of Labor and Industries would allow the agency to use electronic notice for communications currently required to be sent through the mail and relax notice requirements for rulemaking hearings.
HB 2406 and identical companion measure SB 6039 would eliminate the prohibition on sending electronic orders of claim closures and amend numerous other statutes regarding notices that the department currently refers to as "mailing."
The bills would allow L&I to send electronic notices if the agency has provided...
