KY - Court: Paywalled Fee Schedule Violates Open Records Act
09/10/2026 | 0
A trial court in Kentucky held that the Department of Workers' Claims violated the state's Open Records Act by refusing to provide a copy of its medical fee schedule and insisting that it be purchased from a contractor.
Franklin Circuit Court Judge Phillip J. Shepherd granted summary judgment in favor of D1 Data Solutions, which does business as RefMed, finding that the department willfully withheld records that the medical pricing data aggregator should have been provided with in response to its March 2026 request.
The Department of Workers' Claims in 2024 entered an $85,01
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The Montana Workers’ Compensation Court ruled that a worker’s preexisting conditions must be considered in a physician’s approval of a job analysis report serving as the basis for converting temporary total disability benefits to permanent partial disability benefits.
Case: Crisler v. Zurich American Insurance Co., No. PI-2025-0000974-WCI, 09/01/2026, published.
Facts and procedural history: In April 2019, the Workers’ Compensation Court approved the settlement of Robert Crisler Jr.’s workers’ compensation claim for a back injury. The settlement
A New York appellate court upheld a determination that a bricklayer had not knowingly provided false information about his medical history in his workers’ compensation claim.
Case: Loja-Saula v. Cosan Construction Corp. (WCAB), No. CV-25-0822, 09/03/2026, published.
Facts and procedural history: Luis Loja-Saula worked for Cosan Construction Corp. as a bricklayer. He filed a workers’ compensation claim for injuries he sustained in April 2022 when a piece of cinder block fell on him.
A workers’ compensation law judge established the claim for injuries to Loja-Saula&rsqu
The Illinois Appellate Court found that a pension board denied a former police officer due process in terminating his duty disability benefits, and that the board’s conclusion that he was no longer disabled was against the manifest weight of the evidence.
Case: Mahan v. Marion Police Pension Board, No. 5-26-0066, 09/02/2026, unpublished.
Facts and procedural history: Joshua Mahan began working for the Marion Police Department in 2007. He was injured in the line of duty in 2011 and applied for line-of-duty disability pension benefits.
His application was granted in 2012.
Subsequent di
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The West Virginia Supreme Court overturned the denial of a retired dump truck driver’s claim for occupational pneumoconiosis benefits.
Case: Kessler v. West Virginia Paving Inc., No. 26-178, 09/02/2026, published.
Facts: Joseph Kessler worked as a dump truck driver for West Virginia Paving Inc., making deliveries for its quarry from 2013 to 2022.
In July 2024, Kessler underwent chest X-rays. Dr. Kathleen A. DePonte opined that they showed insufficient parenchymal or pleural changes to establish a diagnosis of occupational pneumoconiosis.
In August 2024, Dr. Richard Spencer and p
The California Applicants' Attorneys Association is hosting a webinar on Oct. 2 to discuss the Subsequent Injuries Benefits Trust Fund.
In July, Gov. Gavin Newsom signed SB 171, tightening eligibility standards for SIBTF claims.
The bill, which applies to claims filed after July 1, 2020, that have not been procedurally advanced by June 1, 2026, requires that qualifying preexisting conditions be labor-disabling and documented in medical evidence at the time of the second injury, and that medical-legal evidence supporting an SIBTF application be collected during the claim process for
The Oregon Department of Consumer and Business Services on Wednesday proposed a 2.1% average pure premium rate increase for 2027.
Under the proposal, the average pure premium rate would increase to 92 cents per $100 of payroll from 89 cents.
The department said the increase is necessary as a result of the temporary total disability benefit increase in SB 1519.
Currently, TTD benefits are paid at 66.67% of the state average weekly wage. Starting Jan. 1, the weekly compensation rate for wages up to 75% of the average weekly wage will increase to 75%, while the compensation rate for wages that
Tower MSA is holding a webinar on Wednesday to discuss Medicare reporting issues that can slow workers' compensation claim settlements.
Tower said the webinar will cover topics including:
Medicare Section 111 reporting issues, including how reporting inconsistencies can create problems at the settlement table and what should be addressed before settlement.
Why unresolved Medicare conditional payment claims can delay closing and how to resolve them proactively.
How ongoing responsibility for medicals can complicate settlement and what needs to happen before that responsibility is
The New Hampshire Supreme Court ruled that employers and carriers seeking reimbursement from the Special Fund for Second Injuries must notify the commissioner of the Department of Labor of a possible claim within 100 weeks from the date of injury.
While the high court didn't explicitly describe the elements of proper notice, it reversed a Compensation Appeals Board decision that found department officials should have inferred a claim notice from handwritten memos submitted with benefit payment notices.
"The statute places the onus on the employer or carrier to notify the commi
A Missouri appellate court upheld a decision by the Labor and Industrial Relations Commission to reduce a worker’s permanent partial disability rating from 25% to 7%.
Case: Barnett v. Kawasaki Motors MFG Corp. USA, No. WD88459, 09/01/2026, published.
Facts: Bradley Barnett worked for Kawasaki Motors MFG Corp. USA. He injured his right shoulder while at work in June 2023.
Barnett underwent diagnostic imaging, which revealed a large right shoulder rotator cuff tear. He had surgery to repair the shoulder and then participated in extensive physical therapy.
In January 2024, Barnett
A New York appellate court ruled that a defendant in a Labor Law action was entitled to partial summary judgment dismissing the claims against it.
Case: Digangi v. New York City School Construction Authority, No. 2024-10707, 09/02/2026, published.
Facts: Giuseppe Digangi allegedly was injured while working at a construction site owned by the New York City School Construction Authority.
As Digangi exited the cockpit of a skid steer, he slipped on an icy step and fell about 3 feet to the ground.
Procedural history: Digangi sued the authority and the city, alleging negligence and violati
The Connecticut Appellate Court upheld the denial of a widow’s claim that work-induced stress was a contributing factor to her husband’s heart disease and death.
Case: Zito-Hannan v. Electric Boat Corp., No. AC 48801, 09/01/2026, published.
Facts: Michael Hannan worked for Electric Boat Corp. from 1980 until 2020, with only a brief separation from his employment in 1981.
In 2013, Hannan began seeing Dr. Brian Ehrlich and Dr. Jon Gaudio for heart-related conditions.
Ehrlich diagnosed Hannan with “hypertension, heart disease, aortic insufficiency, and [a] moderate at m
A Louisiana appellate court ruled that a railroad worker injured in the course and scope of employment may not simultaneously pursue claims for damages under state law and the Federal Employers’ Liability Act.
Case: Casteel v. Lebouef, No. 25-CA-596, 08/28/2026, published.
Facts: Frank J. Lebouef, an employee of Rezenberger Inc., was involved in an accident on Highway 90 in April 2022 while driving a van owned by Rezenberger.
Gerald Casteel and Michael Harry were passengers in the van. Lebouef was transporting them pursuant to a contract between their employer, BNSF Railway
The Nassau County District Attorney's Office charged four New York contractors with submitting fraudulent workers' compensation certificates to obtain contractor licenses.
District Attorney Anne T. Donnelly said in a statement that documents the contractors submitted to the Nassau County Department of Consumer Affairs between June 2025 and March 2026 "contained altered policy expiration dates to reflect active insurance coverage, insurance policy numbers and addresses belonging to other companies, or coverage information that was false and simply did not exist."
As a result
The California Coalition on Workers' Compensation is hosting a webinar in October to discuss the 2026 legislative session and what employers should be watching for with the upcoming election in November and the new legislative cycle starting in January.
CCWC Managing Director Jason Schmelzer will explain key legislative and regulatory developments as well as what could be on the horizon for workers' compensation in 2027.
The webinar is free to attend and open to members and nonmembers.
CCWC said advance registration is required, and those who register on the day of th
