CA - Surging Cumulative Trauma Claims Driving Frequency, Costs
07/17/2026 | 0
A surge in cumulative trauma claims is reshaping California workers' compensation trends, contributing to higher claim frequency, rising frictional costs and renewed pressure on insurer results, according to WCIRB Executive Vice President and Chief Actuary Tony Milano.
Milano said Thursday during the WCIRB's annual conference that written premium, which came in around $15.6 billion for 2025, has been uncharacteristically stable over the past four years, with modest growth in employee payroll largely offsetting the effect of modest decreases in average charged rates.
"I would
Read More
A California appellate court ruled that an insurance carrier validly cancelled an employer’s policy for failing to comply with a payroll audit before its employee was injured.
Case: Employers Preferred Insurance Co. v. WCAB (Purchase Green Artificial Grass), No. C104263, 07/14/26, unpublished.
Facts: Employers Preferred Insurance Co. provided a workers’ compensation policy to Purchase Green Artificial Grass in 2020. The policy was set to expire in May 2021.
In March 2021, Employers issued a renewal policy to Purchase.
This policy stated that the premium listed was “an est
A New York appellate court upheld a grant of summary judgment on a Labor Law claim by a worker struck by a falling piece of machinery.
Case: Cespedes v. El-Kam Lexington Avenue LLC, No. 300851/17, 06/30/2026, published.
Facts: Enmanuel Cespedes suffered injuries while working on a property owned by El-Kam Lexington Avenue LLC.
Cespedes and his co-workers were in the process of lowering by hand a heavy, cumbersome piece of machinery called a switchgear into an elevator when the top part of the switchgear fell on him, cracked and knocked off his hard hat, and caused him to fall backwards.
Pr
A Louisiana appellate court ruled that a worker’s untruthful response on a pre-employment medical questionnaire forfeited his entitlement to benefits for a back injury.
Case: Stewart v. Cajun Industries LLC, No. 2025 CA 0502, 07/02/2026, published.
Facts: In 2018, Tyler Stewart was involved in a motor vehicle accident. He sought treatment from Dr. Kevin McCarthy for back pain.
McCarthy ordered a magnetic resonance imaging scan, which indicated that Stewart had facet effusions, disc bulges and disc herniations.
McCarthy performed a facet joint injection on Stewart and then releas
How well can judges assess a witness’s credibility, and how important does the WCAB believe it is for a WCJ to have the opportunity to apply its presumably well-honed baloney barometer? The answers may surprise you.
The Workers' Compensation Appeals Board firmly believes judges can assess honesty in the courtroom. Presumably, this is due in no small part to the commissioners’ prior careers on the bench. After years of judging witness veracity in the courtroom (and rarely, if ever, having their judgments successfully challenged), the commissioners have likely been pres
West Virginia’s Intermediate Court of Appeals upheld a determination that a longtime coal worker did not have occupational pneumoconiosis.
Case: Cook v. Arch Coal, No. 26-ICA-42, 06/30/2026, published.
Facts and procedural history: Wesley Cook spent more than 39 years working as an underground coal miner and electrician.
He underwent pulmonary function studies in December 2021. Dr. J. Randolph Forehand interpreted the studies as showing no impairment.
Cook also underwent a chest radiograph, and Forehand opined that it was negative for occupational pneumoconiosis.
In January 202
Today marks the 10th anniversary of the loss of WorkCompCentral founder, president and chief executive officer David DePaolo.
DePaolo died on July 17, 2016, in a Ventura County, California, motorcycle accident. He was 56.
DePaolo, who practiced as a workers' compensation defense attorney for Miller & Folse, Adelson Testan Brundo & Popalardo, and as a sole practitioner, believed the industry needed an authoritative source of knowledge, information and expertise for its professionals.
To that end, he founded WorkCompCentral.com in 1999, a web publication that continu
NATL. - Workers' Comp Renewals Stay Competitive as Severity Pressures Build
Midyear workers' compensation renewals remained favorable for employers nationally, but an increase in California advisory pure premium rates is raising concerns that claim severity and medical costs could eventually erode soft market conditions.
Insurers continue to compete aggressively for profitable workers' comp business and are using the line to secure or retain broader casualty and umbrella relationships, brokers say.
“Many insurers continue to view workers' comp as their most profitable casualty line and are willing to use it strategically to retain or win broader re
California Gov. Gavin Newsom signed the bill implementing his administration's Subsequent Injuries Benefits Trust Fund reforms.
Newsom on Monday signed SB 171, a budget trailer bill that includes provisions to tighten eligibility criteria for SIBTF claims and permanently adopt a statute giving the Workers' Compensation Appeals Board 60 days from the date it receives a case file to act on a petition for reconsideration.
The administration has argued that the reforms are necessary because the Department of Industrial Relations estimates that total liabilities for the program and th
The Mississippi Court of Appeals ruled that a worker with a long history of shoulder issues did not have reason to know she had a work-related shoulder injury more than two years before she filed her claim.
Case: Thompson v. Boyd Biloxi LLC, No. 2025-WC-01288-COA, 06/30/2026, published.
Facts: Sandra Thompson began working for Boyd Biloxi LLC in 2012 as a dealer and a supervisor. As a dealer, Thompson was required to lift her arms above her head, to the side, and extend them back and forth.
Thompson saw Dr. Stephen Schepens in April 2021 for pain in her right shoulder.
In July 2021, T
West Virginia’s Intermediate Court of Appeals upheld a denial of authorization for a shoulder surgery for a worker with a history of shoulder issues.
Case: Williams v. T.S. Elliott Contracting LLC, No. 26-ICA-30, 06/30/2026, published.
Facts: Ronzil Williams worked for T.S. Elliott Contracting LLC. He went to the hospital in January 2024 and reported experiencing a pop in his shoulder while hanging drywall at work.
Upon examination, Williams had severely limited active and passive range of motion of the left shoulder. Williams indicated that he previously had a tendon rupture in the s
A New York appellate court ruled that a worker injured by falling metal sheets was entitled to summary judgment on his Labor Law claim.
Case: Aponte v. 298 East Village Owner LLC, No. 34327/19, 06/30/2026, published.
Facts: Steven Aponte allegedly suffered injuries at a construction site while attempting to move a dolly loaded with sheets of metal.
According to Aponte, there were 10 to 15 sheets, each measuring about 8 feet by 5 feet, vertically stacked on the dolly's platform. The highest point of the metal sheets was 6 to 7 feet above the floor, and they were not secured to
A New York appellate court upheld the denial of a worker’s motion to renew his bid for summary judgment on his Labor Law claim, and it upheld a grant of conditional summary judgment for a defendant on its indemnification claim against his employer.
Case: Stratis v. 345 Park Ave LP, No. 157849/20 and 595969/20, 06/30/2026, published.
Facts: Eugene Stratis worked for National Acoustics LLC. He was allegedly injured when he tripped on a bag of sprinkler materials while performing drywall work in a building owned by 345 Park Ave LP.
Procedural history: Stratis filed suit against Park and
The Virginia Workers' Compensation Commission on Wednesday posted a warning about an elaborate scam using phony court proceedings to steal personal information from workers.
"This sophisticated email scam targets individuals by impersonating courts and workers’ compensation professionals in order to schedule fraudulent hearings and obtain money," the commission said. "While anyone can fall victim to this scam, it has been known to specifically target Spanish-speaking individuals."
The scam solicits workers by phone, email or video calls, telling them they must p
A rebound in hiring could increase workers' compensation premiums while putting upward pressure on injury frequency as employers add less-experienced workers, the National Council on Compensation Insurance said in a report released Wednesday.
The organization’s “State of the Economy” report said employment gains have expanded beyond health care into construction, manufacturing and transportation.
The report’s chart shows that employers added an average of 92,000 jobs a month during the first half of 2026, compared with an average of 10,000 a month in 2025.
More e
The Ventura County civil grand jury said in a new report that the county has improved how it processes presumptive workers' compensation claims, but long-standing concerns persist among workers about how their claims are processed.
Deputy sheriffs with presumptive claims told members of the grand jury about frustration over limited communication, confusing delays, long waiting periods and claims that were initially denied only to be approved later.
Executives from the Ventura County risk management office described complex and convoluted laws and difficulties in finding ways to make
