CA - EDD Reps Leaving WCAB District Offices
05/28/2026 |
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State officials confirmed Wednesday that California’s Employment Development Department is pulling its physical offices out of workers’ compensation courthouses next month, a major operational shift that attorneys warn will stall case settlements.
The transition, first reported by workers' compensation defense firm Bradford & Barthel, will see the agency let its physical leases expire at Workers’ Compensation Appeals Board locations by the end of June in favor of virtual operations.
In a statement to WorkCompCentral, EDD Public Affairs Chief Greg Lawson said state d
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OR - Court Upholds Employer's Denial of Previously Accepted Combined Condition Claim
05/28/2026 |
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The Oregon Court of Appeals upheld an employer’s denial of a worker’s previously accepted combined condition claim.
Case: Mooney v. Legacy Health, No. 335, 04/29/2026, published.
Facts: Mark Mooney worked for Legacy Health as a nurse. He suffered injuries while moving a patient.
Legacy accepted liability for a diagnosis of disabling C7 radiculopathy.
Mooney had a history of neck issues, having undergone a cervical fusion from a childhood injury and having developed Brown-Sequard syndrome.
After his work injury, medical evidence indicated that Mooney’s injury had combined
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NY - Worker, Defendant Each Get Partial Summary Judgment on Labor Law Claims
05/28/2026 |
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A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claims and that a defendant was entitled to partial summary dismissal.
Case: Rosenblum v. City of New York, No. 20717/19, 05/05/2026, published.
Facts: The City of New York hired Oliveira Contracting Inc. for a sidewalk improvement project.
Andrew Rosenblum delivered concrete to the jobsite, and he was allegedly injured when a platform collapsed underneath him. He fell about 3 feet into an excavated area the width of a bus lane.
Procedural history: Rosenblum filed suit against the
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WV - Worker at MMI Still Entitled to Additional Treatment
05/28/2026 |
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West Virginia’s Intermediate Court of Appeals upheld the authorization of treatment for a worker’s compensable shoulder injury even though he had already reached maximum medical improvement.
Case: Quad Graphics Inc. v. Hottle, No. 25-ICA-356, 05/01/2026, published.
Facts: Rodney Hottle worked for Quad Graphics Inc. He filed a workers’ compensation claim in January 2019, asserting that he had injured his arm at work.
Dr. Nandita Subedi signed the claim form, indicating that Hottle had suffered an occupational injury to his left arm.
A claims administrator for Qua
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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 – ProCare, the largest privately held transportation and language services provider in the workers’ 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 benchmarking—driving savings and improved program control for clients.
A Fresh, Innovative Approach – Designed for Efficiency and Better Outcomes
Recognized as a technology leader in the workers’ compensation space, ProCare develo
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Industry Insights
NATL. - Zachry: A Guide to Training and Development for Claims Managers
By Bill Zachry
05/27/2026 |
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The role of a claims manager is not just pivotal, but indispensable in ensuring the smooth operation of any claims organization. These professionals oversee complex claims processes, manage teams and make critical decisions impacting organizational performance and customer satisfaction.
However, without the necessary training and development, claims managers can struggle to handle these challenges, leading to inefficiencies, increased costs and reduced customer satisfaction.
By investing in a comprehensive training program, organizations can significantly enhance claims managers' cap
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NY - Summary Judgment Upheld for Worker Who Fell Into Unguarded Trench
05/28/2026 |
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A New York appellate court upheld a grant of summary judgment to a worker on his Labor Law claim for his injuries from falling into an unguarded trench.
Case: Rijo v. YYY 62nd Street LLC, No. 27539/18, 04/30/2026, published.
Facts: Daulin Gabriel Rijo allegedly suffered injuries while working on a construction site. According to Rijo, he was walking to his work area when he slipped on gravel and fell into a trench that was approximately 4 feet wide and up to 12 feet deep.
The trench, which had a makeshift staircase or pathway for workers to enter the space, was dug along the facade of the b
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CA - Assembly Passes SIBTF Bill
05/28/2026 |
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The California Assembly passed a bill proposing numerous changes to the processes and requirements relating to the Subsequent Injuries Benefits Trust Fund.
The Assembly on Tuesday voted 48-19 to send AB 1576 to the Senate. The bill represents the latest effort by Assemblymember Liz Ortega, D-San Leandro, to reform the fund that provides additional benefits when a new injury combined with a preexisting condition creates a total disability of at least 70%.
AB 1576 would require substantial evidence that the preexisting condition predated the subsequent injury and caused an actual loss of earni
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NE - High Court: Speculative Medical Opinions Fail to Link Death From Cancer to Work Injury
05/27/2026 |
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Expert medical testimony that a worker may have lived longer if treatment for an industrial injury had not delayed treatment for metastatic cancer was too speculative to support an award of benefits, the Nebraska Supreme Court ruled.
The high court said it did not need to consider the validity of Kristine Hastreiter's novel theory that she was eligible for workers' compensation death benefits because her husband's compensable hip injury prevented treatment for a nonoccupational cancer that could have prolonged his life. Rather, the medical expert testimony was not decisive enough
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OH - Injured Worker Qualifies as Independent Contractor of Painting Business
05/27/2026 |
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An Ohio appellate court upheld a determination that a worker who suffered injuries on his second day working for a longtime acquaintance’s painting business was an independent contractor, not an employee.
Case: Leghart v. Schuler Painting Inc., Nos. 115657 and 115663, 04/30/2026, published.
Facts: Robert Leghart sent a text message to Steven Schuler in June 2022, looking for work. Schuler is the owner and operator of Schuler Painting, and he had known Leghart for more than 30 years.
Schuler told Leghart that he could use help. Leghart began work for Schuler Painting, but was neve
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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 – May 7, 2026 – 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 trail
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WV - Court Upholds Finding of Compensability for Worker's Ankle
05/27/2026 |
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West Virginia’s Intermediate Court of Appeals upheld a finding that a worker suffered a compensable injury when she rolled her ankle at work while rising from a chair.
Case: Mercer County Board of Education v. Mitchell, No. 25-ICA-427, 05/01/2026, published.
Facts: Rosemary Mitchell worked for the Mercer County Board of Education. She filed a workers’ compensation claim, asserting that she had injured her ankle at work in April 2025.
According to Mitchell, her right foot hung on the side of a chair when she stood, and her ankle rolled.
Procedural history: An administrator for t
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NY - Court Says Summary Dismissal of Indemnification Claim Properly Denied
05/27/2026 |
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A New York appellate court ruled that a third-party defendant in a Labor Law action was not entitled to summary judgment dismissing the contractual indemnification claim against it.
Case: Jamieson v. Noble Construction Group LLC, No. 2021-07113, 04/29/2026, published.
Facts: Clifford Jamieson allegedly suffered injuries while working on a construction site when the vertical safety netting installed around the perimeter of the building under construction gave way, causing him to fall.
Procedural history: Jamieson filed suit against the construction manager, the owner and tenants of the build
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NY - Court Revives Indemnification Claims Against Injured Worker's Employer
05/27/2026 |
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A New York appellate court revived the contractual indemnification claims by the defendants in a Labor Law action against the injured worker’s employer.
Case: Travers v. Briarcliff Manor Investments LLC, No. 2022-02942, 04/29/2026, published.
Facts: SHI-III Briarcliff REIT LLC owned a property in Briarcliff Manor. It hired Andron Construction Corp. to serve as the general contractor for a project at the property.
Andron then contracted with Orange County Ironworks LLC as the steel subcontractor, and OCI hired Gabriel Steel Erectors Inc. as a sub-subcontractor.
The contract between OC
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CO - Lawmakers Send Contractor Coverage Bill to Governor
05/27/2026 |
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Colorado lawmakers sent the governor a bill that would make proof of workers' compensation coverage a prerequisite to receive a building permit, construction permit or contractor license.
Lawmakers on Friday sent the governor SB 93, which would prohibit governmental entities from issuing building or construction permits without proof that the applicant, general contractor and all subcontractors have workers' compensation insurance.
The person applying for a permit would be required to submit a declaration under penalty of perjury that all entities have comp coverage for the duration
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NY - High Court Says Collateral Estoppel Law Applies to Nonfinal Actions
05/26/2026 |
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New York's top court held that a 2022 law barring virtually all workers' compensation decisions from binding future litigation applies to all pending and nonfinal actions.
The Justice for Injured Workers Act provides that no finding by the Workers' Compensation Board or a workers’ compensation law judge shall be given collateral estoppel effect in any other action or proceeding arising out of the same occurrence, other than a determination of the existence of an employer-employee relationship.
The Appellate Division's 1st Department in January 2025 said the statute appl
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CA - High Court Sets Oral Argument in 'Mayor' for June 2
05/26/2026 |
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The California Supreme Court on June 2 will hear oral arguments regarding the Workers' Compensation Appeals Board's request to review an appellate court decision prohibiting the board from acting on petitions for reconsideration more than 60 days after they were filed.
The high court in Mayor v. WCAB (Ross Valley Sanitation District) will address not only the WCAB's strict deadline, but also whether a party's own 45-day deadline to appeal to a higher court can be extended when the board stalls.
According to the docket, parties should be prepared to address:
Whether due pro
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CA - Safety Standards Board Moves to Ban Some Artificial Stone Products
05/26/2026 |
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The California Occupational Safety and Health Standards Board granted a petition by the Western Occupational and Environmental Medicine Association to begin the process of prohibiting the fabrication and installation of artificial stone products containing more than 1% crystalline silica.
The board unanimously asked the Division of Occupational Safety and Health to prepare a finding of emergency to support emergency rulemaking. The board also directed the agency, more commonly known as Cal/OSHA, to convene advisory committees to evaluate the feasibility and implications of potential
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