CA - CWCI: Inpatient Hospitalization Rates Level Off; Spinal Surgeries Continue to Drop
05/08/2026 |
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Inpatient hospitalization rates stabilized in 2024 after nearly a decade of steady declines, while spinal surgeries resumed a long-term downward trend after a brief interruption during the pandemic, the California Workers' Compensation Institute said in a report published Thursday.
Overall, workers' compensation represents a small share of hospital care, accounting for 10,322 of the 2.7 million inpatient discharges in 2024. Work comp inpatient stays fell about 50% over the last decade, dropping to 0.38% of statewide hospitalizations in 2024 from 0.82% in 2013.
Over the same per...
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FL - Court Reinstates Petition for Benefits as Timely Filed
05/08/2026 |
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A Florida appellate court reinstated a worker’s petition for benefits, finding it was timely filed within one year of his last receipt of authorized medical treatment.
Case: Leighton v. Kratos Logistics LLC, No. 1D2024-2569, 05/06/2026, published.
Facts and procedural history: Brian Leighton worked as a delivery driver for Kratos Logistics. He suffered injuries at work on Feb. 9, 2022.
Leighton sought treatment from Dr. Monica Bartoli a few days later.
Kratos learned of the accident on Feb. 17, 2022. It authorized treatment and the payment of benefits.
Kratos made its last paym...
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NY - Worker Struck by Collapsing Ceiling Gets Summary Judgment on Labor Law Claim
05/08/2026 |
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A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claims for his injuries from being struck by a section of ceiling that fell.
Case: Perez v. ZZZ Carpentry Inc., Nos. 2022-04316/2022-09898, 04/15/2026, published.
Facts: Osiel Perez allegedly suffered injuries while working on a construction project at a property owned by Angela Sun. ZZZ Carpentry Inc. served as the general contractor for the project.
ZZZ hired A.R. Equipment LLC as a demolition subcontractor. Perez worked for A.R. Equipment and claimed he was injured when a section of ceiling c...
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NY - Worker's Repeated Failure to Appear for Deposition Warrants Dismissal of Claim
05/08/2026 |
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A New York appellate court upheld the dismissal of a worker’s Labor Law claim due to his repeated failure to appear for a deposition.
Case: Bryant v. Boston Properties Inc., No. 2021-08747, 04/15/2026, published.
Facts: Wilbert Bryant allegedly suffered injuries while working on a construction project at a commercial property owned by Boston Properties Inc. Turner Construction Co. was the general contractor for the project.
Procedural history: Bryant filed suit against Boston and Turner in June 2018, asserting claims for violations of the Labor Law.
In March 2020, the defendants move...
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Press - Coalition of California Injured Workers Names Former Attorney General Bill Lockyer Chair, Vows to Champion Disabled Californians Against Harmful Changes Proposed by Governor Newsom in Budget Trailer Bill
05/07/2026 |
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SACRAMENTO, CA â May 7, 2026 â The Coalition of California Injured Workers (CCIW) today announced the appointment of former California Attorney General and State Treasurer Bill Lockyer as the new Chair of its coalition. Lockyer will lead the CCIW's urgent efforts to ensure that critical protections for injured Californians are not dismantled through an opaque budget trailer bill, but rather are addressed through the transparent and deliberative regular legislative process.
"The proposed changes to the Subsequent Injuries Benefits Trust Fund (SIBTF) within the budget trailer bill are...
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Industry Insights
NATL. - Paduda: What's Up in Work Comp?
By Joe Paduda
05/08/2026 |
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Here are a few notable items for your consideration.
Claim costs are up, driven by indemnity and medical expenses, but — and it is a BIG but — medical cost increases in comp have been significantly lower than in the real world: Medicaid, Medicare, group health and the exchanges.
Optum’s effort to sell its workers’ comp business seems to be ... stuck. Multiple sources indicate there’s not much interest among potential financial buyers. This is the sixth time that owner United Healthcare has gotten into comp, only to exi...
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WV - Coal Mine Worker Establishes Compensability of Carpal Tunnel Syndrome
05/08/2026 |
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West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a coal mine worker’s bilateral carpal tunnel syndrome.
Case: Blackhawk Mining LLC v. Albright, No. 25-ICA-315, 04/07/2026, published.
Facts: Larry Albright worked for Blackhawk Mining LLC as a coal mine roof bolter. The job required him to work with his hands continuously and on a daily basis.
In December 2002, Dr. Joby Joseph diagnosed Albright with mild bilateral carpal tunnel syndrome. Joseph’s report stated that Albright had no history of trauma, had experienced symptoms for appro...
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CO - Senate Passes Firefighter Presumption Bill
05/08/2026 |
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The Colorado Senate on Thursday passed a bill that would expand presumptive coverage for firefighters with cancer and make it harder for employers to rebut the presumption that the conditions arose from employment.
The Senate on Thursday voted 22-13 to pass SB 184, which would add coverage for Parkinson's disease.
Additionally, the bill would replace the current organ-system-based list of covered cancers with an expanded, site-specific classification that includes malignant neoplasms affecting the oral cavity, respiratory system, digestive tract, lymphatic and hematologic systems, and a ...
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SC - Bill Proposing Stroke Presumption Heads to Governor
05/08/2026 |
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South Carolina lawmakers voted to send the governor a bill that would add coverage for strokes to the law that presumes heart and respiratory diseases are compensable for firefighters.
The Senate on Wednesday passed H 3163, which would also expand the list of activities covered by the presumption.
Current law presumes that heart disease and respiratory disease that develop while fighting a fire or within 24 hours of fighting a fire are compensable.
H 3163 would presume that heart disease, respiratory disease and strokes are compensable if those conditions develop during or within 24 hours o...
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MN - High Court: Co-Employee Immunity Doesn't Shield Vehicle Owners From Vicarious Liability
05/07/2026 |
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The Minnesota Supreme Court on Thursday held that a motor vehicle owner can be held vicariously liable for the negligence of a driver, even if the driver is personally immune from liability under the Workers’ Compensation Act.
Workers’ compensation exclusivity provides immunity to the worker who caused the harm, but it doesn't release others from liability, the court explained in Rebecca A. Niebuhr v. Jacob Sieberg.
"Accordingly, the Workers’ Compensation Act does not bar an injured employee from pursuing a claim against a motor vehicle owner for vicarious liabilit...
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Press - ProCare, Inc. Reimagines the DME Market with Innovative, Technology-Driven Solution
04/29/2026 |
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Tampa, FL â ProCare, the largest privately held transportation and language services provider in the workersâ compensation industry, has announced the launch of its new Durable Medical Equipment (DME) service line. Designed for innovation and cost efficiency, the solution delivers enhanced choice, real-time visibility, and advanced benchmarkingâdriving savings and improved program control for clients.
A Fresh, Innovative Approach â Designed for Efficiency and Better Outcomes
Recognized as a technology leader in the workersâ compensation space, ProCare developed its ...
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DC - Trucking Company's Maintenance Facility Qualifies as 'Mine'
05/07/2026 |
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A divided U.S. Circuit Court of Appeals for the District of Columbia upheld two citations against a trucking company for safety violations, finding that its maintenance facility qualified as a “mine” for purposes of the Federal Mine Safety and Health Amendments Act.
Case: Secretary of Labor v. KC Transport Inc., No. 22-1071, 04/17/2026, published.
Facts and procedural history: KC Transport Inc. is an independent trucking company that provides various hauling services for mining companies.
One of KC Transport’s clients is a coal mine operator known as Ramaco Resources....
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WV - Court Affirms Award for Worker's Occupational Hearing Loss
05/07/2026 |
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West Virginia’s Intermediate Court of Appeals upheld an award of a 3.48% permanent partial disability for a worker’s hearing loss.
Case: Ferris v. Special Metals Inc., No. 25-ICA-292, 04/07/2026, published.
Facts: Anthony Ferris worked for Special Metals Inc. from 1995 until 2022.
He filed a workers’ compensation claim form, alleging that he suffered occupational hearing loss as a result of his employment at SMI.
An audiogram completed by audiologist Barb Danford accompanied the claim.
Dr. B. Joseph Touma reviewed the audiogram and diagnosed bilateral sensorineura...
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NY - Worker Who Fell From Ladder Gets Summary Judgment on Labor Law Claim
05/07/2026 |
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A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his injuries from a fall from a ladder.
Case: Unzain v. NW 100 Broadway Property Owner LLC, No. 450164/20, 04/14/2026, published.
Facts: Victor Unzain fell from a ladder while installing drywall above a window. He later described the ladder as “loose,” recalling that it made a noise and wobbled, causing him to lose his balance and fall.
Procedural history: Unzain filed suit against NW 100 Broadway Property Owner LLC, asserting a claim for a violation of Labor Law Secti...
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NY - Court Upholds Summary Judgment for Worker Who Fell Into Trench
05/07/2026 |
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A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his injuries from a fall into a trench.
Case: Ramaj v. Franciosa Complex LLC, No. 20363/19, 04/14/2026, published.
Facts: Zenun Ramaj suffered injuries while working on a construction project when he fell into a deep trench after the wood planking covering it broke.
Procedural history: Ramaj filed suit against Franciosa Complex LLC, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their ...
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LA - Senate Unanimously Passes Bill to Repeal Advisory Council
05/07/2026 |
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The Louisiana Senate unanimously passed a bill that would eliminate the Workers' Compensation Advisory Council, clearing the way for the bill to be presented to the governor.
The Senate on Monday voted 36-0 to pass HB 537, which would eliminate the 17-member advisory council created in 2011.
The Louisiana Association of Business and Industry, which is sponsoring a companion measure that was introduced in the Senate, characterized the council as "ineffective and little used" and argued that maintaining it constitutes an "unnecessary drain on government resources."
Emp...
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RI - State Approves 2.5% Loss Cost Reduction
05/07/2026 |
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The Rhode Island Department of Business Regulation Insurance Division approved an overall 2.5% decrease in workers' compensation advisory loss costs for policies incepting on or after Aug. 1.
The department's April 23 approval letter said its careful review and analysis determined that the reduction recommended by the National Council on Compensation Insurance is supported.
The department's analysis is included in an actuarial report, but a link to the report generated a "404: page not found" error on Wednesday afternoon.
In its November filing, NCCI ide...
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CA - DWC Posts Proposed QME Rules to Forum
05/06/2026 |
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The California Division of Workers' Compensation proposed an informal draft of rules that would clarify eligibility requirements for qualified medical evaluators and establish parameters for listing offices as remote-only office locations.
Other provisions in the regulations that the division posted to its online forum for a 10-day comment period would revise timelines relating to how the agency responds to applications and administers QME placement exams.
The proposed rules would require providers applying to serve as QMEs to declare under penalty of perjury that they have not previousl...
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