IA - Worker's Application for Alternate Care Dismissed
03/26/2026 | 0
The Iowa Court of Appeals ruled that a worker’s application for alternate care had to be dismissed, since his employer contested its liability for the condition for which he sought treatment.
In September 2019, John Henry tore the meniscus in his right knee while working for LJ&J Corp.
He underwent arthroscopic surgery to fix the tear, and then in 2022, he settled his workers’ compensation claim against LJ&J.
Under the terms of the agreement, LJ&J accepted liability for the meniscus tear and agreed that Henry was “entitled to medical care for the inju...
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An Ohio appellate court upheld the denial of a worker’s request to expand his claim for a back injury to include adjacent segment syndrome.
Case: Harcourt v. Strassel Construction Co., No. C-250145, 02/27/2026, published.
Facts: Jerald Harcourt worked for Strassel Construction Co. He fell from a roof while working in November 2007, fracturing his back.
Harcourt underwent back surgery in January 2008. He also filed a workers’ compensation claim for a closed fracture of his top lumbar vertebrae.
In September 2010, Harcourt underwent a second back surgery. The Bureau of Workers...
A New York appellate court ruled that a worker struck by a falling steel bar should have been granted summary judgment on his Labor Law claim.
Case: Valarezo v. HP Jamsta Housing Development Fund Co. Inc., No. 158491/17, 02/26/2026, published.
Facts: Cristian Valarezo suffered injuries while he and his co-workers were making bases for concrete columns by using a drilling/excavation machine to remove steel bars that had been drilled into the ground.
A fabric sling was tied to the top of the bars, a hook was placed into the sling, and the drilling/excavation machine lifted the bars away....
A New York appellate court ruled that an injured worker’s employer was entitled to summary judgment dismissing a third-party action against it seeking indemnification and contribution.
Case: Hart v. Theatre Three Productions Inc., No. 2024-03331, 03/04/2026, published.
Facts: Robert Hart worked for V.P. Plumbing & Heating LLC. He was sent to do work at a property owned by Theatre Three Productions Inc.
Hart allegedly suffered injuries at the property when a boiler he was carrying with two other employees fell on top of him.
Procedural history: Hart filed suit against Theatre Thre...
A former Orange County judge who pleaded guilty to paying a suspended provider to write medical-legal reports connected with second injury fund claims while he was still a county prosecutor is prohibited from returning to the bench.
The California Commission on Judicial Performance on Tuesday publicly censured Israel Claustro and barred him from serving as a judge in the future.
In January, Claustro pleaded guilty to one count of felony mail fraud for paying Dr. Kevin T. Do, of Pasadena, to perform exams, review medical records and write medical-legal reports after Do was suspended ...
NATL. - MedRisk Report Highlights Faster Care, AI Adoption in Comp
Workers' compensation organizations are making progress in speeding injured workers into treatment while expanding the use of artificial intelligence in claims operations, according to a trends report released Wednesday by MedRisk.
AI is moving beyond pilot programs and into broader operational use, driven by increasing claim complexity and the need for earlier, more informed decision-making, according to the report. However, the report notes that many efforts still stall due to challenges with data quality, governance and workflow integration. Organizations seeing the most success are us...
The Pennsylvania Senate unanimously passed a bill that would codify volunteer first responders' right to receive workers' compensation benefits for injuries sustained at organized fundraising events.
The Senate on Tuesday voted 49-0 to pass SB 1053, which would allow volunteer firefighters and emergency medical service workers to receive benefits if they're injured during fundraising activities.
State Sen. Scott Hutchinson, R-Oil City, said he introduced the measure to address commonwealth court decisions from the 1970s and 1980s holding that compensability hinges on whether a lo...
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A divided Florida appellate court, sitting en banc, ruled that the statute of limitations for a worker to seek benefits is suspended by the payment of benefits, as opposed to just being extended for a discrete period.
Nancy Estes worked for the Palm Beach County School District as a teacher. She tripped and fell while at work in September 2021. The school district accepted liability for her injuries.
The school district paid benefits to Estes from October 2021 to January 2023. In February 2023, the school district issued a notice of denial, signaling its intention to deny any additional fu...
The Illinois Appellate Court upheld an award of benefits for the partial amputation of a worker’s leg, but also ruled that the employer was due a credit for the amount it had voluntarily paid him for the scheduled loss of a foot.
Case: Azcon Metals v. IWCC, No. 5-25-0301WC, 02/26/2026, published.
Facts: Tom Snyder worked for Azcon Metals. His right foot was crushed between two rail cars while he was working in March 2020.
Doctors initially amputated four toes on Snyder’s foot, but eventually he had his leg amputated below the knee.
Azcon paid Snyder a total of $97,010.30 in per...
A New York appellate court ruled that the Justice for Injured Workers Act applied retroactively to bar the defendants in a civil case from asserting a collateral estoppel defense based on the proceedings from the plaintiff’s workers’ compensation claim.
Case: Pacheco v. P.V.E. Co. LLC, No. 2023-11543, 02/25/2026, published.
Facts: Oscar Rene Pacheco allegedly suffered injuries while using a spray gun to apply fireproofing material to wooden beams when the ladder on which he was standing shifted, causing him to discharge the spray gun onto his right index finger.
The property whe...
A New York appellate court revived a Labor Law claim filed by the estate of a worker killed while servicing an order picker.
Case: Wissert v. Medline Industries Inc., No. CV-24-1635, 02/26/2026, published.
Facts: William Wissert worked for Pengate Handling Systems of New York Inc. In October 2019, he went to a facility owned by Medline Industries Inc. to service an order picker.
The picker was fitted with a platform for standing that could be hydraulically raised and lowered. After Wissert disassembled the picker, the raised platform fell on him and caused fatal injuries.
Procedural ...
California lawmakers scheduled the first hearing on a bill that would permanently allow employers to use prepaid debit cards to deliver indemnity benefits indefinitely.
The Assembly Insurance Committee in February introduced AB 1683, which would make permanent the debit card pilot program created in 2018. The 2018 measure allowed all payers to use prepaid debit cards with the injured worker's written consent.
The pilot program was scheduled to sunset in 2023, but a series of legislative extensions pushed the sunset date back to the start of 2027.
A study the Commission on Health and Saf...
Idaho lawmakers introduced legislation that would expand the definition of “first responder” under the state’s workers' compensation law to include coroners and certain death investigation personnel for purposes of post-traumatic stress disorder coverage.
SB 1425, introduced Monday, would add coroners, medicolegal death investigators and qualifying coroner employees — workers whose duties “include and primarily consist of the determination of cause and manner of death, including death investigation, forensic pathology and related duties, and supportive admini...
The Kentucky Supreme Court ruled that a worker’s average weekly wage properly excluded her mileage reimbursements, that her appeal of an unpaid medical bill should not have been dismissed, and that an amicus brief should not have been deemed an unauthorized filing.
Tamala Harris worked for Mercy Home Health as a certified nursing assistant.
She worked 30 to 40 hours a week and cared for an average of four to five patients. Mercy reimbursed her for the mileage she drove during her shifts to reach each patient’s location.
On April 27, 2022, Harris strained her right...
A New York appellate court partially revived a Labor Law action by a worker who suffered injuries when he backed his personal vehicle into an unguarded trench at a construction site.
Case: Palacios v. McEvoy, No. 2023-04963, 02/25/2026, published.
Facts: Jose Leon Palacios suffered injuries when he reversed his personal vehicle into an unguarded trench at a construction site where a home was being built.
Farrell Building Co. Inc was the general contractor for the project. Robert and Sabrina McEvoy were the owners of the property.
Procedural history: Palacios filed suit against the McEvoys ...
