NATL. - Federal Court Upholds Black Lung Award for Coal Miner
09/01/2026 | 0
A federal appellate court upheld a black lung benefits award, finding a coal miner's employment caused legal pneumoconiosis that substantially contributed to his being totally disabled.
Richard Estudillo worked as an electrician in underground coal mines from 1973 until 1985.
He first experienced breathing problems in 1985 and a doctor diagnosed him with a 25% pulmonary impairment.
Estudillo filed a claim for black lung benefits in 2020.
An administrative law judge determined Estudillo had legal pneumoconiosis rather than clinical pneumoconiosis because his chest X-ray evidence did not
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A Texas appellate court upheld the dismissal of a worker’s challenge to the calculation of his temporary income benefit rate as moot.
Case: Davis v. American Casualty Co. of Reading PA, No. 07-26-00005-CV, 08/26/2026, published.
Facts and procedural history: Donald Davis suffered an on-the-job injury in 2003 for which he received workers’ compensation benefits from the American Casualty Co. of Reading PA.
In 2008, Davis disputed the amount of his temporary income benefits, asserting that ACC had underpaid him. He initiated administrative proceedings to resolve the issue at the T
A New York appellate court ruled declined to dismiss a malpractice suit alleging a law firm mishandled a workers’ compensation claim.
Case: Puccio v. Hoffman, Wachtell & Rao LLP, No. 2025-00992, 08/26/2026, published.
Facts and procedural history: The law firm of Hoffman, Wachtell & Rao LLP represented Anthony Puccio in a workers’ compensation matter. Puccio later sued the firm for malpractice.
The firm moved for dismissal based upon documentary evidence.
Westchester County Supreme Court Justice Janet C. Malone denied the motion.
Analysis: The Appellate Division’
West Virginia’s Intermediate Court of Appeals upheld a $1,500 penalty against a claims administrator for failing to act on an independent medical examiner’s report within 30 days.
Case: State Auto Insurance Co. v. Hunter, No. 25-ICA-491, 08/27/2026, published.
Facts and procedural history: In October 2024, ExamWorks issued a notice of an independent medical exam to a workers’ compensation claimant, on behalf of State Auto Insurance Co., which was serving as the claims administrator for Milbank Insurance Co.
Dr. Samuel E. Perry then issued a report to ExamWorks noting that
We have all had experience with primary treating physicians who operate a little bit on the lazy side with respect to their PR-2 reporting.
Oftentimes, this laziness takes the form of “cut-and-paste” reporting where it’s difficult to decipher what the details are from this latest visit, versus those of prior visits. Other times, there are no changes to the report at all other than a recommendation to refill prescription medications. But what about when the PR-2 report fails to address something significant, specifically work status and work restrictions?
Under Labor Cod
The Division of Workers' Compensation will update studies on employer participation and access to care in 2027, according to a notice posted in the Texas Register.
The division's Workers' Compensation Research and Evaluation Group proposed two topics for its 2027 research agenda.
The first is an update of a study estimating how many employers participate in the state's workers' compensation system and how many opt out. The second is an update of an analysis of injured workers' access to medical care, including an assessment of certified workers' compensation healt
Rand said in a new report that contradictory findings about provider participation trends and access to care in California's workers' compensation system "pose somewhat of a puzzle."
"We found flat or slightly declining participation for individual providers overall in workers’ compensation, which included declines in participation among key provider types (physicians, chiropractors and psychologists) and physician specialties (primary care, orthopedic surgeons and other surgeons) with substantial workers’ compensation participation," Rand sai
The Ohio Bureau of Workers' Compensation, in announcing its latest dividend Friday, said it has returned more money to employers since 2019 than it collected in premiums.
BWC announced that its board of directors approved a $1 billion dividend, which represents about 90% of premiums paid in policy year 2022. The latest distribution brings to $10.2 billion the total returned to employers over the last seven years.
"Employers have now been sent more in dividends than they have paid in workers’ compensation premiums since 2019," the BWC said in a statement.
Checks will be d
The U.S. Occupational Safety and Health Administration fined a brickmaker in Pennsylvania nearly half a million dollars for allegedly knowingly exposing its workers to unsafe levels of respirable silica dust.
OSHA said it cited General Shale Brick Inc. for three "willful" violations, four "serious" violations and one repeat violation, and proposed penalties of $496,528.
The agency said General Shale Brick knew workers at its plant, where molded bricks are made, breathed in silica dust above safe limits but failed to fix the problem or require them to wear r
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 Tennessee Workers' Compensation Appeals Board affirmed a decision finding that a worker failed to prove that her alleged mental health injuries were primarily caused by an event leading to what a reasonable person would consider a sudden or unusual mental stimulus.
Case: Jolicia S. Rhodes v. Allstate Insurance Co. et al., 2025-60-3095, 08/27/2026, published.
Facts: Jolicia S. Rhodes was a claims representative in the total loss division of Allstate Insurance Co. when her workload increased in 2022.
She requested a modified workload and schedule flexibility as an accommodation for pr
The Intermediate Court of Appeals of West Virginia affirmed a Workers' Compensation Board of Review decision authorizing an arthroscopy of a firefighter's left wrist because it was not clearly wrong.
Case: City of Wheeling v. David Gilbert, No. 26-ICA-73, 08/27/2026, published.
Facts: David Gilbert, a firefighter for the City of Wheeling, filed a claim in April 2024, alleging that he injured his left wrist pulling on a stuck valve.
He saw several providers over the next couple of months for persistent wrist pain and what he described as the feeling that something was popping in and
A California appellate court held that the protection provided by the Privette doctrine can travel through a contractual chain of delegation to shield a property owner who did not hire the contractor whose worker was injured.
"In conclusion, where a lease agreement expressly contemplates the use of an independent contractor to perform work, and the tenant subsequently hires an independent contractor to perform said work, the non-hiring lessor falls within the chain of delegation and, absent a recognized exception, the Privette doctrine applies to shield the non-hiring lessor from liabili
The Southern California judge who pleaded guilty to paying a suspended provider to write medical-legal reports was sentenced to one year of probation and fined $5,000 Thursday, according to media reports.
Israel Claustro pleaded guilty to one count of felony mail fraud in January and admitted to paying Dr. Kevin T. Do to perform exams, review medical records and write med-legal reports relating to Subsequent Injuries Benefits Trust Fund claims after Do was prohibited from participating in the workers' compensation system.
The Division of Workers' Compensation in October 2018 suspende
A Texas appellate court partially reinstated a self-represented worker’s claim for unpaid wages and modified the dismissal of his claim for workers’ compensation benefits as without prejudice.
Case: Fidelis J.B. v. Schlumberger Limited, No. 14-25-00580-CV, 08/25/2026, published.
Facts and procedural history: Fidelis Johnson Badaiki sued Schlumberger Limited for allegedly breaching a settlement agreement.
Badaiki has been the plaintiff in multiple lawsuits, and he sometimes identifies himself using different combinations of his names and initials. He filed this suit, acting
A Florida appellate court ruled that a judge of compensation claims should have awarded reimbursement of the expenses a mother incurred in pursuing a guardianship for her son after he suffered a compensable, catastrophic brain injury.
Case: Fish v. Extreme Enterprises of Marion County Inc., No. 1D2024-2817, 08/26/2026, published.
Facts and procedural history: Joseph Reed had worked for Extreme Enterprises of Marion County Inc. He sustained a catastrophic brain injury in July 2022 when he was struck by a motor vehicle while edging grass along a highway.
Reed’s mother hired attorne
A Louisiana appellate court upheld the dismissal of a worker’s claim for a psychological injury caused by her work-related stress.
Case: May v. Berkshire Hathaway Homestate Cos., Nos. 25-CA-576 and 25-C-491, 08/20/2026, published.
Facts: Chelsea May worked for Blue Sky Hospitality Solutions LLC. She filed a workers’ compensation claim, alleging that she had suffered a mental injury caused by workplace stress and a hostile work environment that existed from June 17, 2024, through her termination on July 14, 2024.
Procedural history: May filed a motion for partial default judgment
