WV - Split Supreme Court Upholds Denial of Diabetic Worker's Carpal Tunnel Claim
05/15/2026 | 0
A divided West Virginia Supreme Court upheld the denial of a diabetic worker’s claim for benefits for his carpal tunnel syndrome.
John Moore worked for United Coal Co. LLC. He also had Type 2 diabetes.
When he saw physician assistant Amada Davis in December 2021, his A1C was elevated. Moore admitted that he had not been watching his diet and had gained a considerable amount of weight, and that he had not used his glucometer for a year or two.
In December 2023, Moore filed a workers’ compensation claim. He asserted that he had developed carpal tunnel syndrome from his years ...
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A New York appellate court ruled that a worker did not commit fraud during his testimony related to when he last consumed alcohol before he was involved in a motor vehicle accident.
Case: Matter of Ferra v. Paramount Global, No. CV-25-0176, 04/23/2026, published.
Facts: Jorge Ferra worked for Paramount Global. On Oct. 24, 2022, Ferra was driving from his home in New Jersey to a job assignment in Buffalo when he was involved in a minor motor vehicle accident.
Although Ferra was not injured and there did not appear to be any physical damage, he pulled to the shoulder of the road and exit...
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Facts: Azfal Bacchus suffered injuries while working on a construction project. He was using a grinder that lacked a safety guard when it kicked back, injuring him.
According to Bacchus, his supervisor was overseeing his work using the grinder to cut parts of a commercial boiler. Bacchus asserted that the unguarded grinder was the only ...
The Kentucky Supreme Court ruled that if a worker is challenging a fee award to his attorney, the attorney is a necessary party to an appeal of the award, but the failure to name the attorney as a party is not a fatal jurisdictional defect.
Case: Porter v. Axelon Inc., No. 2025-SC-0233-WC, 04/23/2026, unpublished.
Facts and procedural history: Kelly Porter worked for Axelon Inc. He suffered a work-related injury in 2017, and a workers’ compensation judge issued an award of benefits.
The Workers’ Compensation Board affirmed and remanded to the ALJ for consideration of a statutory...
I have gone through a difficult period. Over the last year, I lost a sister-in-law, two brothers-in-law, three of my closest friends, and several close friends. The losses came one after another, each arriving before I had finished grieving the last.
The movie "Coco" resonates with me because it reflects how I choose to handle loss: by holding on to the good, remembering who people were at their best, and keeping those memories alive. It is my way of carrying them forward.
Every loss has also reminded me of something I came to understand slowly, over decades of professiona...
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Case: Russell v. International Automotive Components, No. 2025-SC-0241-WC, 04/23/2026, unpublished.
Facts: Kendra Russell worked for International Automotive Components from 2002 until 2021.
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West Virginia’s Intermediate Court of Appeals upheld a $2,000 fine against an insurance company for its failure to timely pay death benefits to a worker’s dependents.
Case: Rockwood Casualty Insurance Co. v. McVey, No. 25-ICA-329, 05/01/2026, published.
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Rockwood timely moved for a stay, and the motion was refused by West Virginia’s Intermediate Court of Appeals in September 2024.
Rockw...
NATL. - MCG Health Urges Transparency in AI Adoption
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That message has direct relevance for workers' compensation, where Official Disability Guidelines — developed by MCG — are widely used to support treatment decisions, utilization review and return-to-work planning.
In “Navigating the Future of Healthcare with Trusted AI,” MCG Chief Medical Officer Anthony F. Oliva says large lang...
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Samuel Davis worked as a brick mason for more than 25 years. He filed a workers’ compensation claim against Gia Quinto Masonry, asserting that he developed an occupational disease affecting his hands, wrists and knees from repetitive work-related trauma.
A workers’ compensation law judge established the claim. Gia Quinto and its insurance carrier app...
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The West Virginia Supreme Court upheld a finding that a worker sustained the occupational disease of asthma in the course of and resulting from employment in the mining industry.
Case: Blackhawk Mining LLC v. Woods, No. 25-661, 04/21/2026, published.
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Dr. Rob Keith said Woods sustained asthma from in...
A federal appellate court ruled that an administrative law judge and the Benefits Review Board designated the wrong mine operator as liable for a West Virginia miner’s black lung benefits.
Case: Rhino Energy LLC v. OWCP, No. 24-2212, 04/23/2026, published.
Facts: Robert B. Rule worked as a coal miner in West Virginia from 1975 until 2015.
From mid-2012 through December 2014, Rule worked for Rhino Energy LLC. Rhino served as a subcontractor for Wildcat Energy LLC, the owner of the mine, during this time.
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The Montana Supreme Court has upheld a $75,000 fine against Victory Insurance Co., reinforcing state regulators’ authority to require insurers and managing general agents to produce records in a specific format during compliance investigations.
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Colorado lawmakers voted to send the governor measures that would modify the cancer presumption for firefighters and allow electronic service of documents.
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The National Council on Compensation Insurance reported on Tuesday that the workers' compensation system remains healthy, with private carriers notching their 12th consecutive year of underwriting profitability in 2025.
The average combined ratio for workers' compensation carriers increased to 91% in 2025 from 86.1% in 2024, according to NCCI's latest State of the Line report. A combined ratio below 100% means carriers paid less in benefits than they collected in premiums and demonstrates profitability.
Overall, the property and casualty industry combined ratio fell to 93% in 202...
A New York appellate court upheld a grant of summary judgment for a landlord and lessor partially dismissing a worker’s Labor Law claims against them.
Case: Hearns v. Blended Family LLC, No. 801860/22, 04/21/2026, published.
Facts: Gaines Hearns worked as a telecommunications field technician for Verizon. He allegedly suffered injuries while installing Wi-Fi at a mixed-use building.
The premises were owned by Abeken Apartments LLP, which leased the commercial portion of its basement to Blended Family LLC for the operation of a daycare center.
The lease did not include the basement on...
