NATL. - Hawaii Unseats New Jersey as Most Expensive State in DCBS Study
06/18/2025 | 0
Hawaii completed a 10-year march to become the most expensive jurisdiction for workers' compensation coverage in the semi-annual interstate rate comparison published by the Oregon Department of Consumer and Business Services.
Average rates in Hawaii, calculated based on the mix of industry in Oregon, have increased steadily over the last decade to $2.52 per $100 of payroll in 2024, which was more than double the rate in the median state, Georgia, at $1.09.
New Jersey, which topped the DCBS rankings in 2022, fell to second place with an average rate of $2.16 in the latest ...
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The Texas Supreme Court said the Division of Workers' Compensation does not have exclusive jurisdiction to determine whether an injury was work-related in a dispute arising outside of the context of compensability and when the relief requested by the injured worker does not depend on entitlement to benefits.
"In sum, the Workers’ Compensation Act’s text and structure, the presumption in favor of the district court’s jurisdiction, and our precedent all point in the same direction: The division does not have exclusive jurisdiction to determine whether an injury occurr...
California Attorney General Rob Bonta announced on Monday that 55 state and territorial attorneys general have agreed to a $7.4 billion settlement with Purdue Pharma LP and its owners, the Sackler family, to resolve litigation over the creation of the national opioid crisis.
The AG's office said Purdue aggressively marketed opioid products for decades, fueling the largest drug crisis in the nation’s history. The settlement ends the Sacklers' control of Purdue and their ability to sell opioids in the United States.
"The opioid epidemic has rava...
A New York appellate court upheld an award of benefits to a pizzeria worker for his burn injuries despite his intoxication at the time of the accident.
Case: Matter of Ramales v. Frank & Nino's Pizza Corp., No. CV-24-0636, 05/29/2025, published.
Facts: Felipe Zamora Ramales worked as a dishwasher and kitchen assistant at a pizzeria. He sustained burns to 40% of his body and other physical injuries when he lost his balance and fell down the stairs to the basement as he was carrying a large pot of hot tomato sauce.
Upon being admitted to the burn unit at the hospital, Ramales had a bl...
On June 2, the California Assembly unanimously passed Assembly Bill 1293, which aims to improve the state’s medical-legal process for resolving disputes between injured workers and claims administrators.
If signed into law, AB 1293 would require the California Division of Workers’ Compensation to (among other things) publish the agency’s annual report on the quality of medical-legal evaluations and create a template for a qualified medical evaluator report "that constitutes substantial evidence.”
The DWC would have until Jan. 1, ...
A New York appellate court ruled that an insurance carrier did not owe coverage for an injured carpenter’s claim.
Case: Matter of Fonseca v. Platinum Carpentry Inc., No. CV-23-2290, 05/29/2025, published.
Facts: Henry Fiallos Fonseca worked as a carpenter. He established a workers’ compensation claim for injuries he sustained when part of a ceiling collapsed on him, causing him to fall from a ladder.
Fonseca alleged he was an employee of Platinum Carpentry Inc.
Platinum had a contract with Cornerstone Underwriters LLC, a professional employer organization, to provide ...
The Virginia Court of Appeals ruled that a worker was not entitled to benefits for his injuries from being struck by a co-worker driving a golf cart, since he was the victim of assault and battery, not a practical joke gone wrong.
Case: Camping World RV Sales LLC v. Ocasio, No. 0439-24-4, 05/27/2025, unpublished.
Facts: Dennis Ocasio worked for Camping World RV Sales LLC. While he was at work in July 2021, he was walking in the Camping World “yard” when he spotted his colleague, Gunnar Tazelaar, driving a golf cart in his direction.
Tazelaar accelerated toward Ocasio, who...
The West Virginia Supreme Court upheld a determination that a worker was not entitled to any additional permanent partial disability for a back injury from a slip-and-fall accident.
Case: Alban v. West Virginia Division of Highways, No. 24-690, 05/28/2025, published.
Facts: Barry Alban worked for the West Virginia Department of Highways. He slipped and fell while at work on Christmas in 2020.
A claims administrator for the department’s insurance carrier accepted liability for lumbar and cervical sprains.
In June 2021, the claims administrator granted Alban a 3% permanent partial disa...
Chesapeake Employers’ Insurance Co. announced that policyholders reelected Jason Schupp and John J. Scott Jr. to continue serving on the carrier's board of directors.
Schupp will serve as chairman, and Scott will serve as vice chairman.
At the same time, Chesapeake also welcomed Edward J. Kasemeyer, whom Gov. Wes Moore appointed as a board member.
Schupp is replacing Suzanne Thompson, whose term expired in 2025. He was first appointed in 2020 by then-Gov. Larry Hogan and is the founder and managing member of Centers for Better Insurance LLC.
Scott was first ele...
Florida workers can't unilaterally decide that an injury explicitly excluded from workers' compensation coverage is not compensable before suing their employers in tort, a state appellate court ruled.
Instead, a worker must file a workers' compensation claim and have a carrier or a judge determine that the injury is not compensable before suing the employer. What's more, the 5th District Court of Appeal said only a judge of compensation claims, not a circuit court judge, can rule on compensability.
Amber N. Spears was working for Steak 'n Shake when a man held her at...
A New York appellate court upheld a grant of summary judgment dismissing a worker’s Labor Law claim based on his injuries from a bridge demolition project.
Case: Montes-Vidal v. New York State Thruway Authority, No. 2021-05138, 05/28/2025, published.
Facts: In 2012, the New York State Thruway Authority entered into a contract with Tappan Zee Constructors LLC to be the design-builder contractor for the Tappan Zee Hudson River Crossing Project, which sought to demolish the Tappan Zee Bridge and build two new bridges.
TZC performed the demolition work on the Tappan Zee Bridge.
Fran...
A New York appellate court ruled that a general contractor was entitled to damages, including prejudgment interest on the judgment in this action and postjudgment interest on the judgment in the underlying action.
Case: Home Depot USA Inc. v. New York, No. 13521, 05/29/2025, published.
Facts and procedural history: Home Depot USA Inc. was the general contractor for a roofing project. It was sued in federal court by an employee of a subcontractor for injuries the employee suffered while working on the project.
Home Depot asserted third-party claims against the subcontractor for contractual a...
The West Virginia Supreme Court upheld the denial of a worker’s request to add a SLAP tear of the right shoulder as a compensable condition in his claim.
Case: Barnett v. Shaft Drillers International LLC, No. 24-725, 05/28/2025, published.
Facts: Russell Barnett worked for Shaft Drillers International LLC. While he was at work on March 2, 2021, Barnett fell off a truck and fractured his right wrist.
A claims administrator for Shaft’s insurance carrier accepted liability for the wrist fracture.
Barnett underwent surgery to repair the fracture. Afterward, as he became able to use...
A Louisiana appellate court upheld an award of benefits to a woman for her injuries from a fall in the parking lot adjacent to her workplace after she arrived to begin her workday.
Case: Lawless v. PAE Holding Corp., No. 25-41, 05/21/2025, published.
Facts: Deanne Lawless worked for PAE Holding Corp. as an auditor. PAE is a contractor that performed work at Fort Johnson.
Lawless was a salaried employee paid to work from 7:30 a.m. to 4:30 p.m. but was told to record all hours worked.
She suffered injuries in July 2022 when she exited her vehicle in a parking lot adjacent to her workpla...
The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the fiscal year that starts July 1.
Self-insureds can choose premium assessments using either a “normal plan” or a retrospective rating plan.
The normal plan modifies the manual premium by experience rating and applies a premium discount to determine how much is owed. The alternative is a one-year retrospective rating plan for calculating premium assessments based on a review of prior-year experience.
The WCD said all forms and ...
The Louisiana Association of Self Insured Employers is holding its 2025 Legislative Recap and Open Forum July 9 in Baton Rouge.
In addition to reviewing legislative activities of 2025, the event will also feature sessions identifying key cost drivers in the state's work comp system, as well as work comp best practices.
Other sessions will explore defense litigation strategies and the foundation of fee schedules.
The 2025 Legislative Recap and Open Forum is from 7:30 a.m. to 5 p.m. July 9 at the Queen Baton Rouge.
More information is here.
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