CA - Budget Would Boost SIBTF Staff; Vetoed Reform Bill Returns
01/14/2026 | 2
California Gov. Gavin Newsom released a preliminary budget that would nearly triple staffing for the Subsequent Injuries Benefits Trust Fund and once again called for comprehensive reform of the embattled program.
Meanwhile, Assemblymember Liz Ortega, D-San Leandro, on Monday reintroduced a bill that would revise eligibility criteria for SIBTF claims and that is virtually identical to a measure Newsom vetoed in October.
The governor, in vetoing last year's measure, said he called on the Department of Industrial Relations and the Division of Workers' Compensation to develop a comprehe...
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The Tennessee Court of Appeals upheld the dismissal of an injured worker’s malpractice claim against his former attorneys.
Case: Mamadou v. Gatti, Keltner, Bienvenu & Montesi PC, No. W2024-01262-COA-R3-CV, 12/22/2025, unpublished.
Facts and procedural history: Abdoulaye Mamadou hired the law firm Gatti, Keltner, Bienvenu & Montesi PC to pursue a workers’ compensation claim against his employer, Harrah’s Casino, which is in Mississippi.
After a trial, an administrative judge issued Mamadou wage-loss benefits totaling $101,501.05.
Harrah’s appealed, ...
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker suffered a compensable injury from a fall at work.
Case: Little Dogs Daycare v. Carroll, No. 25-ICA-287, 12/22/2025, published.
Facts: Scarlett Carroll worked for Little Dogs Daycare. She filed a workers’ compensation claim, asserting that she had injured her left foot and ankle when she fell at work in August 2024.
An administrator for Little Dogs’ insurance carrier denied the claim on the basis that Carroll’s fall happened while she was on her way to a lunch break outside the employe...
The Nevada Court of Appeals upheld a denial of benefits to a security guard for his injuries from a car crash he caused by falling asleep behind the wheel.
Case: Bright v. ADT Security Services Inc., No. 89262-COA, 12/18/2025, unpublished.
Facts: Dwayne Bright worked for ADT Security Services Inc. as an armed patrol officer. While responding to a call, he fell asleep while driving and hit the car in front of him with enough force that his airbags deployed.
Bright went to the hospital and received treatment for his injuries.
Procedural history: Bright filed a workers’ compensatio...
As a workers’ compensation defense attorney, one of the things that fascinates me the most is how things can get done with the help of the proverbial enemy of defendants: the applicants' attorney.
Though we are legal rivals by nature of the case, we eventually bring each of our clients to that common fence of settlement, whether it’s a simple agreement to go off-calendar or a culminating settlement of a case.
At the end of the day, most applicants' and defense attorneys share the common interest of getting things done and moving cases forward. Even most judg...
A New York appellate court partially revived a worker’s Labor Law claim over being struck by a falling object.
Case: Guacho v. DLV Empire LLC, No. 2021-01457, 12/17/2025, published.
Facts: DLV Empire LLC contracted with Kader Elite Construction Inc. for the construction of a new home on DLV's property.
Aaron S. Construction Corp. was hired to install elevators in the home.
Manuel Jesus Tene Guacho worked for ASCC. He allegedly was allegedly working on the elevator installation when a box containing an elevator door fell and pinned his leg, fracturing it.
Procedural history:...
The California Division of Workers' Compensation announced that it is accepting applications for the next qualified medical evaluator examination, being held April 11-17.
The DWC said it will offer in-person, computer-based testing using Pearson VUE. The division also said CPS HR Consulting, the vendor managing the exam, will send notices to interested candidates advising them of the registration and scheduling process. The registration notices will also provide information about test sites.
The deadline for filing exam applications is Feb. 25.
For more information, contact the DWC&rsqu...
The Washington State Department of Labor and Industries would be authorized to develop and implement a pilot program allowing employers to authorize treatment for post-traumatic stress disorder before establishing liability, under a bill introduced Tuesday.
HB 2405, which Rep. Suzanne Schmidt, R-Spokane Valley, introduced at the request of the department, would allow L&I to work with subject matter experts to create the pilot project that would run through 2030.
The pilot would allow L&I or self-insured employers to authorize treatment for PTSD before a claim is adjudicated and witho...
The South Carolina Workers' Compensation Commission announced a new policy limiting who can bring wireless communication devices into its courtrooms and adjacent areas.
The order prohibits smartphones, cameras, digital recorders, laptops, smartwatches and any other device that can record sound, pictures or video. The order doesn't apply to commissioners or WCC employees, court reporters, interpreters or lawyers in good standing with the state Supreme Court.
The presiding commissioner can permit parties to use electronic devices during proceedings, provided that the devices are not us...
The Iowa Supreme Court ruled that exclusivity did not bar the widow of a state prison guard murdered by two inmates in a 2021 escape attempt from asserting gross negligence claims against his co-employees.
However, her failure during the administrative claims process to identify each defendant alleged to be at fault prevented her from proceeding with her claims against those who went unnamed.
On March 23, 2021, two Anamosa State Penitentiary inmates entered the prison infirmary as part of an escape plan. They were armed with hammers and a grinder they had obtained from the prison’...
A Louisiana appellate court ruled that an injured police officer was entitled to supplemental earnings benefits based on his full-time income and the extra-duty assignments coordinated by the department.
Case: Ned v. City of Baton Rouge, No. 2025 CA 0294, 12/19/2025, published.
Facts: Larry Ned worked as a police officer with the Baton Rouge Police Department. He suffered disabling injuries as a result of a motor vehicle accident while operating his squad car.
The accident occurred after Ned's full-time employment with the BRPD was completed for the day, but before the start of an "...
A New York appellate court upheld a partial grant of summary judgment for a worker who was injured when he was pinned between two dumpsters.
Case: Mather v. HFZ KIK 30th Street Owner LLC, No. 161223/19 595632/20, 12/11/2025, published.
Facts: Cody Mather suffered injuries while working on a construction project when an excavator pushed a dumpster into him, pinning him against another dumpster.
HFZ KIK 30th Street Owner LLC owned the property where the project was taking place.
Procedural history: Mather filed suit against HFZ KIK, asserting a claim for a violation of Labor Law Section 241(...
A wife's conclusory statements that a trucking firm caused her husband's death from COVID-19, that he was not an independent contractor and that the trial court used the wrong test for employee status were not sufficient to defeat summary judgment dismissing a wrongful death claim, a California appeals court held.
Delia Molina sued Hot Wheels Trucking for wrongful death and related claims after her husband, Eduardo Molina, died from COVID-19 complications. The lawsuit alleged that Hot Wheels negligently caused her husband to contract the disease and misclassified him as an i...
A Texas appellate court overturned a jury’s verdict for a worker on his retaliation claim, finding that the trial was not held in a proper venue.
Case: Marquis Construction Services LLC v. Torres, No. 13-23-00266-CV, 01/08/2026, published.
Facts: Marquis Construction Services LLC is a single-source construction company that offers a variety of services in Texas. In April 2019, Marquis hired Jesus Torres as a scaffold carpenter to work on a project at a Formosa Plant in Calhoun County.
Torres was injured at the jobsite when he fell down a flight of stairs while carrying plywood.
...
Arizona lawmakers introduced bills for first responders to create a presumption that post-traumatic stress disorder arose from employment, and to eliminate a provision that terminates survivors' benefits upon remarriage.
HB 2204, by Rep. Selina Bliss, R-Prescott, would create a presumption that PTSD is an occupational disease if a first responder currently receives or has previously received licensed counseling and has been diagnosed by a licensed mental health professional with a condition arising from the performance of service-related duties.
Employers could rebut the presumption...
The California Workers' Compensation Institute said that for the third year in a row, the number and frequency of claims reported by public sector self-insured employers fell, while paid and incurred losses increased.
Public self-insured employers covered about 2.26 million workers in the fiscal year that ended in 2025, up from 2.18 million the previous year, CWCI said in Bulletin No. 26-01. Wages and salaries increased 8.6% to $189.2 billion from $174.2 billion over the same period.
While the size of the workforce grew, claim volume decreased by about 0.8% to 117,190 claims last year, C...
