OH - High Court Revives Tort, Says Appeals Court Misapplied Presumption for Safety Guard Removal
08/14/2026 | 0
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
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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
The Massachusetts Joint Committee on Labor and Workforce Development has reported a new draft combining two bills that would create protections for workers in extreme temperatures that, among other things, require "temperature hazard pay."
The committee on Monday reported S.3240, which consolidates provisions from a pair of bills introduced last year to create protections for a range of employees that would include anyone providing labor or services for remuneration, including independent contractors, app-based delivery drivers, seasonal workers and day laborers.
S.3240 would creat
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
New York’s Workers’ Compensation Board will host the next installment of its "What Providers Need to Know" webinar series from noon to 1 p.m. Eastern on Tuesday.
The session is free and includes time for live Q&A.
WCB Medical Director Dr. James Tacci and colleagues will share the latest on fee schedule increases, improvements to the deposition process, and universal provider authorization to treat injured workers, which takes effect Jan. 1, 2028.
That is what it looks like when a state regulatory agency treats providers
The reimbursement rate for injured workers who travel to medical appointments is increasing to 72.5 cents per mile from 70 cents per mile, effective Jan. 1, the Oregon Workers' Compensation Division announced.
The standard lodging reimbursement rate of $110 per night and the standard meal reimbursement rate of $68 per day are not changing. County-specific daily maximums for lodging and meals are also unchanged.
Carriers must include a form to request reimbursement with each independent medical examination notice they send to injured workers. Insurance companies can create their own form
A federal appeals court ruled that a prison worker in Michigan was not seized under the Fourth Amendment and could not proceed with her excessive force claim against colleagues for injuries sustained during a hostage-training exercise.
The 6th U.S. Circuit Court of Appeals on Tuesday said workers' compensation was the most obvious source of relief for Danielle Arthur in a decision that affirmed summary judgment in favor of corrections officers who participated in the exercise. The court noted that Arthur successfully pursued a workers' compensation claim for injuries she sustained dur
The Virginia Court of Appeals upheld a determination that a school teacher had suffered a compensable back injury, but her hand and wrist injuries resulted from repetitive trauma that was not compensable.
Case: Sairafianpour v. Loudoun County Public Schools, No. 1459-25-4, 08/11/2026, unpublished.
Facts: Farzaneh Sairafianpour worked as a teacher for Loudoun County Public Schools. She tendered her resignation on May 9, 2024, effective June 18, 2024.
On May 31, 2024, between those two dates, Sairafianpour reported sustaining injuries to her left hand, left wrist and back while work
West Virginia’s Intermediate Court of Appeals upheld a finding that a retail clerk suffered a compensable injury when he fainted and fell at work.
Case: Goodwill Industries of KYOWVA Area Inc. v. Stowell, No. 26-ICA-55, 08/06/2026, published.
Facts: Larry Stowell worked for Goodwill Industries of KYOWVA Area Inc. as a retail clerk.
He went to a hospital emergency room in July 2025 with complaints of left elbow pain, right arm pain and a possible head injury after blacking out and falling at work.
Stowell filed a workers’ compensation claim, asserting he injured his he
The Delaware Supreme Court upheld the denial of a worker’s claim that he suffered a back injury while mixing mortar.
Case: Parker v. The Borsello Cos. Inc., No. 507, 2025, 08/10/2026, published.
Facts: Prince Parker began working for The Borsello Cos. Inc. in 2020. His job duties included operating a forklift and mixing mortar.
On Feb. 19, 2024, Parker lifted and emptied more than 100 buckets of water to mix mortar. He claimed he suffered a back injury that day.
Parker’s foreman, Johnny Arebalo, later denied that Parker reported any injury that day.
On Feb. 29, 2024
WorkCompCentral is hosting a webinar on Sept. 9 that aims to provide guidance on early recognition of delayed recovery risk factors associated with chronic pain claims and effective strategies that improve outcomes while controlling claim costs.
Instructors Dr. Steven D. Feinberg and William Zachry will cover topics including fear-avoidance behaviors, catastrophizing, treatment delays, communication breakdowns and other claims process challenges.
Feinberg, founder and medical director of the Feinberg Medical Group in Palo Alto, is a board-certified specialist in physical medicine and reh
WCF Insurance announced that it signed an agreement to purchase Work First Casualty Co., a specialty workers' compensation carrier that exclusively covers the temporary staffing industry.
The deal is expected to close Dec. 1. Terms were not disclosed.
Work First, which was founded in 2005 and is licensed in all 50 states, will continue to operate under its own brand. Jamie Madden will continue to serve as its president, and the company's full leadership team will remain in place.
WCF said the two companies will work side-by-side as they develop a phased integration plan.
The Florida Bar on Wednesday reported that an ongoing national fraud scheme involving fake online workers' compensation hearings that purport to award benefits to people on the condition that they make an upfront payment appears to also include the theft of a Miami attorney's identity.
Attorney Angel Ariel Bermudez received a call in May from a man who said he was waiting at the lawyer's office in Tampa for their scheduled appointment, the Bar reports. Bermudez does not have an office in Tampa.
The victim sent a text with what appears to be an AI-generated image of a busines
The Illinois Chamber of Commerce and Illinois Self-Insurers’ Association are holding their annual Workers’ Compensation and Safety Conference on Oct. 13 in Naperville.
The conference will include information from experts on work comp, health care, legislation and self-insurance.
Educational sessions will include an update on the Illinois Workers' Compensation Commission, legislative developments from 2026 and a review of appellate court decisions issued over the past year.
Other sessions will focus on topics that include the use of artificial intelligence and technolog
The Tennessee Workers' Compensation Appeals Board will require all parties to disclose whether any content in their filings was written by artificial intelligence.
The WCAB and the Bureau of Workers' Compensation announced on Aug. 3 that, starting Monday, all litigants will be required to include a disclaimer on the first page of any pleading, motion or brief prepared with AI. The statement — "This document includes content written by an artificial intelligence tool" — must appear in bold print and be prominently displayed.
The notice also states
The South Carolina Workers' Compensation Commission on Wednesday announced that Deidra D. Byrd was appointed to serve the unexpired term of Aisha Taylor, who resigned in June.
Byrd started her legal career as a law clerk before going on to practice law in the private sector, focusing on commercial and business litigation and workers’ compensation.
She earned her bachelor's degree and law degree from the University of South Carolina.
Byrd will serve a term running from June 30 through June 30, 2032.
Taylor was first appointed to the commission in 2013. The South Carolina Senat
