MA - High Court Affirms Summary Judgment Dismissing Claim Against General Contractor
08/19/2026 | 0
The Massachusetts Supreme Court affirmed an award of summary judgment dismissing negligence and negligent hiring claims brought against a general contractor by an employee of a subcontractor who suffered serious injuries when he fell from a roof.
The high court, in Monday's decision, said case law requires a general contractor to actually retain control over safety practices at a worksite to incur any liability. The court also said state law does not recognize a negligent hiring claim by an employee of a subcontractor against the project's general contractor.
Luis Contento Suquilanda
Read More
A recently amended bill would explicitly allow the agency commonly known as Cal/OSHA to share information obtained during inspections with law enforcement officers and local prosecutors.
Language allowing the Division of Occupational Safety and Health to share information with law enforcement was amended into AB 2321, a broader workplace safety measure.
AB 2321, by Assemblymember Liz Ortega, D-San Leandro, would require Cal/OSHA's Bureau of Investigations to immediately review inspection reports involving allegations of serious violations and make appropriate referrals to prosecutors. Cu
The federal Office of Workers' Compensation Programs is seeking comments on forms used to verify ongoing entitlement to death benefits, request information about the recurrence of disability and refer longshore and harbor workers' claims for hearing.
OWCP released pre-published notices of its intent to solicit feedback on forms CA-12, CA-2a and LS-18.
The CA-12 form is sent annually to beneficiaries in death cases to verify that their marital status has not changed and that they remain entitled to death benefits.
The CA-2a form is used to request information from claimants with prev
The U.S. Department of Labor is proposing to repeal a Biden-era requirement for coal operators to post security deposits equal to 100% of their estimated black lung liabilities.
Historically, the department did not require self-insured operators to post a security with a face value sufficient to cover all of their expected black lung liabilities, relying instead on a company's size as evidence of its ability to make future payments.
However, three large self-insured operators filed for bankruptcy in 2014 with insufficient securities to cover their estimated $865 million in combined liabi
The New York State Workers’ Compensation Board opened registration for its 2026 conference, set for Oct. 16 in Albany.
The full-day program will feature a panel discussion reviewing lessons and experiences from the 9/11 terrorist attacks, including how it prepared the WCB to respond to the COVID-19 pandemic.
WCB officials will also discuss recent legislative and regulatory changes and provide an update on modernizing the board's business information system, OnBoard.
Other sessions will explore provider compliance and discipline, claims handling best practices and ongoing efforts t
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
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
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
