NJ - Court Affirms Dismissal of Wrongful Death Case Against Nursing Facility
08/18/2026 | 0
A New Jersey appeals court agreed that a skilled nursing facility was entitled to summary judgment dismissing the wrongful death case brought by the estate of a worker who died from COVID-19.
Among other things, the Superior Court of New Jersey Appellate Division said there was no doubt that Louis Doto Sr. was employed by the facility, and nothing in the record suggests that his employer acted in a way that would trigger an exception to exclusive remedy.
Doto was employed by BP & SC Services Inc., an employment agency that leased him to Advanced Subacute Rehabilitation Center, a 139-bed
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A Texas appellate court ruled that a worker who received benefits for his injuries from a fall could not proceed with a civil suit against his employer based on the same accident.
Case: Turner v. Pilgrim’s Pride Corp., No. 12-25-00221-CV, 08/12/2026, published.
Facts: Christopher Turner worked for Pilgrim’s Pride Corp. He suffered injuries at work in June 2023 when he fell from a height of about 15 feet.
An administrative law judge found that Turner’s compensable injuries included a low-back hematoma and ordered the workers’ compensation insurance carrier for Pi
West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s permanent partial disability award for injuries to his pelvis.
Case: Consol Mining Co. LLC v. Snuffer, No. 26-ICA-47, 08/06/2026, published.
Facts: Austin Snuffer worked for Consol Mining Co. LLC. He filed a workers’ compensation claim in February 2023, seeking benefits for injuries from being pinned between a two-man ride and a bolter.
Snuffer was diagnosed with diastasis of the pubic symphysis with an adjacent hematoma measuring 3.4 centimeters, with an associated right sacral fracture.
A New York appellate court upheld the denial of summary judgment on a worker’s Labor Law claim for his alleged injuries from a fall from a ladder.
Case: Gabriel v. Top 8 Construction Corp., No. 2025-02557, 08/12/2026, published.
Facts: Michael Adel Azmy Gabriel worked for Matia Electrical Corp. He allegedly was injured when he fell from a ladder while working at a construction site managed by Top 8 Construction Corp.
Procedural history: Gabriel filed suit against Top 8 and the property owners, asserting claims for violations of the Labor Law.
The defendants filed a third-pa
Jacksonville, FL – July 10, 2026 – PhysNet welcomes Michelle Despres, PT, EMBA as Chief Operating Officer, strengthening its leadership team as the company enters its next stage of national growth.
A licensed physical therapist and seasoned healthcare executive, Michelle brings a strong blend of clinical insight, operational leadership, and people-centered strategy. S
The Ohio Bureau of Workers' Compensation announced that it is making available more than $41 million in safety grants in fiscal year 2027.
The BWC, which paused the safety grants program due to demand in March, on Monday announced that employers can now apply for three grant programs, including the Safety Intervention Grant, Firefighter Exposure to Environmental Elements Grant, and School Safety and Security Grant.
The Safety Intervention Grant helps employers purchase equipment to reduce or eliminate injuries and illnesses related to their employees’ job tasks. The firefighter and
The Wisconsin Department of Workforce Development is holding a hearing on Aug. 24 to discuss proposed permanent rules to finalize legislation from 2025.
In 2015, state lawmakers transferred statutory authority for workers' compensation adjudicatory functions to the Division of Hearings and Appeals in the Department of Administration. In 2025, lawmakers returned that authority to the Department of Workforce Development.
The department didn't have time to promulgate rules before the new law took effect, so it temporarily adopted the hearing division's rules through an emergency rul
California lawmakers have effectively closed the door on several workers' compensation proposals for the year, failing to advance bills addressing premium fraud, medical provider contracts and benefits eligibility for workers with subsequent injuries before a key Friday deadline.
Fiscal committees were required to pass all bills by Friday, with any measure not moved ahead of the deadline generally being out of consideration for the session that ends Aug. 31.
The Assembly Appropriations Committee on Thursday held a premium fraud bill under submission, while the Senate Appropriations
The Utah Supreme Court upheld an award of permanent total disability benefits to a former special education teacher and denied Granite School District's request to offset its liability for benefits to account for a settlement the teacher received from the debt collectors who had hounded her for payment of bills that the district refused to pay.
Case: Granite School District v. Young, No. 20240646, 08/13/2026, published.
Facts: Robin Young, a special education teacher for the Granite School District, suffered a head injury in 2013 when a student head-butted her in the face three
West Virginia’s Intermediate Court of Appeals upheld an increase in a mine worker’s occupational pneumoconiosis award.
Case: Alliance Coal LLC v. Bettinazzi, No. 26-ICA-49, 08/06/2026, published.
Facts: Joseph J. Bettinazzi worked for Alliance Coal LLC.
The Occupational Pneumoconiosis Board examined Bettinazzi in September 2017. By this time, Bettinazzi had a 36-year history of exposure to dust in underground coal mines.
Bettinazzi reported shortness of breath for eight to nine years, chronic cough for 10 years and wheezing for eight to nine years.
The OP Board noted
A New York appellate court upheld a denial of summary judgment on a worker’s Labor Law claim against the lessee of the property where his alleged accident occurred.
Case: Cano v. 57-51 57th Road LLC, No. 2024-09930, 08/12/2026, published.
Facts: Oscar Cano worked as a diesel technician for Maverick Enterprise Services Inc. He suffered injuries from a fall while building a carport.
Procedural history: Cano filed suit against 57-51 57th Road LLC, 57-55 57th Road LLC, and Phantom Carting Inc., asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute
California workers' compensation providers have received orders for more than $2 million in additional reimbursement through independent bill review during the first six months of 2026, prevailing in about 87% of decided cases.
Data from the Division of Workers' Compensation also shows that the total number of applications filed through June exceeds the total number filed in all of 2024 and is approaching the total for 2023, the last two years for which data is readily available.
Independent bill review was created with the SB 863 reforms as an administrative process for providers to
The Oregon Workers' Compensation Board updated its rules governing the submission of cost bills.
Claimants who prevail against a denied claim can recover reasonable expenses and costs for records, expert opinions and witness fees from the insurer or self-insured employer. System users requested that the board consider amendments that would streamline and standardize the process of submitting bills to recover these costs.
The board empaneled an advisory committee that recommended amendments that will go into effect Oct. 1.
The new rules will give claimants 60 days instead of 30 to s
The Ohio Supreme Court said an appeals court erred when it vacated a jury verdict based on a finding that there was no genuine issue of material fact about whether a dairy worker was entitled to the rebuttable presumption that his employer deliberately removed a safety guard.
Revised Code Section 2745.01 allows an injured worker to proceed with an intentional tort claim only after proving that the employer acted with deliberate and specific intent to cause injury or death. If an employer intentionally removes safety guards, and a worker is injured as a result, RC 2745.01(C) rebuttably presume
Seven suspects have been charged with participating in a sophisticated payroll scheme to defraud workers' compensation insurers, the Florida attorney general announced.
The alleged operation used shell construction corporations and an unlicensed money service business to process nearly $100 million in payroll, the state said. Law enforcement also seized more than $2.4 million in connection with the case.
The defendants are identified as:
Marlen Suazo Gutierrez, West Palm Beach.
Gustavo Lara Suazo, Lake Worth.
Eduardo Blandon Martinez, West Palm Beach.
Alejandra
The National Council on Compensation Insurance said in a research brief that fee schedule changes made by the U.S. Centers for Medicare and Medicaid Services are not likely to put upward pressure on medical costs.
CMS in 2026 increased the conversion factor for physician services to $33.40 from $32.35, the first increase following five years of declines.
NCCI said the 3.3% conversion factor increase was driven by a one-time 2.5% increase required by Congress.
The increase in the physician conversion factor will impact the majority of physician services in states that incorporate it into the