CA - 1st DCA: 'Chain of Delegation' Makes Privette Applicable to Non-Hiring Party
08/28/2026 | 0
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
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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
Medicare set-asides play a key role in successful workers’ compensation settlements, but their complex terminology and involvement of federal regulations can be daunting for even longtime practitioners.
Think of an MSA as Uncle Sam’s way of saying, “If you’re settling your workers’ comp claim for a lump sum, don’t expect Medicare to pick up the tab for your work injury treatment.”
In plain English, an MSA is a portion of a workers’ compensation settlement carved out to pay for future medical treatment and prescription drugs related to
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
A New York appellate court ruled that a worker should not have been granted summary judgment on his Labor Law claim for his injuries from a misstep while exiting an elevator.
Case: Ambrose v. City University Construction Fund, No. 162316/19 595797/20, 08/20/2026, published.
Facts: Gregory Ambrose worked for B&G Industries LTD as an electrician. He performed telecommunications work as part of a larger project to construct new buildings for the City University Construction Fund.
Ambrose fell while stepping backwards out of an elevator doorway on the fourth floor of the building.
Accordin
Connecticut prosecutors said the owner of a company that specializes in asbestos, lead and mold removal was charged with failure to provide workers' compensation at the time of a workplace injury.
Dave Benbow, 54, owned All-Pro Abatement LLC, based in Bridgeport.
The Division of Criminal Justice said an investigation revealed that the company did not have a valid workers' compensation policy at the time of a workplace accident in which an All-Pro employee was injured.
The agency did not provide any additional information.
Benbow surrendered himself and was released on a $5,000 non-
California lawmakers have spiked a controversial proposal to allow naturopaths to serve as primary treating physicians in the workers' compensation system.
Sen. Aisha Wahab, D-Hayward, on Tuesday accepted amendments recommended by the Assembly Committee on Business and Professions and stripped from SB 1303 several recently added provisions that would have expanded the scope of practice for naturopaths. The committee voted 17-0 to pass the amended bill, which now heads to the Assembly floor.
Wahab had amended the bill Aug. 20 to add a provision that would have added naturopathic doctors t
A Texas appellate court ruled that the claims brought by two doctors against a hospital for their on-the-job radiation exposure were healthcare liability claims subject to the requirements of the Texas Medical Liability Act.
Case: Shannon Medical Center v. Sickels, No. 15-25-00167-CV, 08/25/2026, published.
Facts: Dr. Michael Sickels and Dr. James Christopher Cole both worked as radiologists at Shannon Medical Center for more than 20 years. Both received skin cancer diagnoses and had to undergo multiple invasive surgical procedures.
Procedural history: The doctors sued Shanno
A New York appellate court ruled that a worker struck by a swinging steel beam should have been granted summary judgment on his Labor Law claim.
Case: Sougstad v. OLP Hauppauge LLC, No. 2024-08889, 08/19/2026, published.
Facts: Eric Sougstad allegedly suffered injuries while working at a construction site.
According to Sougstad, he was hurt while he and a co-worker unloaded a delivery of steel beams and "shaking out" the steel, a process that involved using spreader hooks attached to a crane to lift the beams off the truck and place them on the ground.
Sougsta
The Kentucky Supreme Court upheld a decision vacating an award to a worker for his contraction of COVID-19 and remanding for the administrative law judge to reexamine the worker’s communicable disease claim.
Case: Russellville Electric Plant Board v. Thomas, No. 2025-SC-0422-WC, 08/20/2026, unpublished.
Facts: Christopher Thomas worked for the Russellville Electric Plant Board supervising a crew of four linemen.
Thomas’ crew shared an office and frequently ate meals together. The crew also shared transportation to various worksites via REPB-owned trucks.
REPB also provided
A Connecticut police officer receiving workers' compensation benefits for a knee injury was charged with fraud after he passed a fitness exam as part of the application process for another police department.
Ryan Dunn, 28, received temporary partial disability benefits for a knee injury that he said resulted from trying to push his Norwich Police Department patrol vehicle out of the snow in February.
The Connecticut Division of Criminal Justice said an investigation revealed that while Dunn was receiving TPD benefits, he also received medical clearance from a doctor to participate in a P
Connecticut prosecutors announced fraud charges against a nurse accused of failing to disclose her outside employment while she collected workers' compensation benefits.
In 2021, Tashia McKenzie, 36, reported a back injury while working at St. Mary's Hospital in Waterbury. She received temporary partial and total temporary disability benefits.
The Connecticut Division of Criminal Justice said its investigation found that McKenzie was employed by Hale Home Care, performing duties similar to those of a certified nursing assistant as a home health care provider.
Addition
The Iowa Court of Appeals upheld a denial of benefits for a worker’s adverse reaction to the COVID-19 vaccine.
Larry Driscoll worked as a water distribution manager for the City of Cedar Rapids during the height of the COVID-19 pandemic.
Early in the pandemic, the city published a weekly newsletter for its employees addressing COVID-19 safety guidelines and vaccine updates.
Once the COVID-19 vaccine was available, the publications encouraged employees to get vaccinated and announced that they could use two hours of their work time for a vaccine appointment.
The city also sent em
The Commonwealth Court of Pennsylvania ruled that a workers’ compensation judge erred in addressing an employer’s termination petition and two utilization review petitions before holding a hearing on the approval of a settlement.
Case: Trustees of the University of Pennsylvania v. Braas, No. 481 C.D. 2025, 08/20/2026, published.
Facts and procedural history: Natalie Braas worked for the Trustees of the University of Pennsylvania as a nurse. She suffered injuries in January 2021 while moving a patient.
The university accepted liability for an upper-back strain. A worke
