WA - Court: Employers Can Be Liable for Negligence to Workers' Future Offspring
06/15/2026 | 0
The Washington Court of Appeals said an employer may be liable for negligence toward workers' not-yet-conceived offspring.
Case: Bauer v. Boeing Co., No. 87593-1-I, 05/18/2026, published.
Facts: Thomas Bauer worked for Boeing Co. as an electrical installer. He was allegedly exposed to chemicals through inhalation, ingestion and dermal contact that are capable of harming the unborn child and future offspring.
While working at Boeing, Bauer and his wife had a baby in 2017. The child was born with permanent and disabling defects.
Since the 1970s, peer-reviewed epidemiologic
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A Florida appellate court upheld the denial of a municipal worker’s request for psychiatric treatment.
Edward Koren worked for the City of Kissimmee. He suffered injuries at work in December 2019 when a board gave way on a deck he was repairing.
The city accepted the accident as compensable and authorized treatment with multiple doctors, including an ear, nose and throat specialist, dentist, orthopedist and plastic surgeon.
In October 2022, Koren saw Dr. Edgar Ruano, a psychiatrist. Ruano reported disfigurement of Koren’s upper lip and diagnosed him with adjustment di
The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for an injury to his left hand.
Case: ACNR Resources Inc. v. Kellison, No. 25-823, 06/01/2026, published.
Facts: Shine Kellison worked for ACNR Resources Inc. He suffered injuries at work in March 2023 when a piece of steel fell and struck his left hand and thumb.
Nurse Mary Craft treated Kellison on the date of his injury. X-rays did not show an acute fracture or other abnormality. Craft completed a report of injury and listed the diagnosis code for a crushing injury of the left hand a
GA - Comp Bar Applies in Teen Worker's Fatal Heavy Equipment Accident
The Georgia Court of Appeals on Friday affirmed the dismissal of tort claims filed by the parents of a 16-year-old worker who was killed while operating heavy machinery at a construction site, ruling that the state’s workers' compensation law provided the exclusive remedy.
In Thigpen et al. v. Prickett et al., the appeals court held that Brian and Patricia Thigpen, individually and as surviving parents of Brian Thigpen Jr., could not pursue tort claims against Raymond Prickett, Brian’s supervisor at Terra Excavating.
Brian, who was new to operating heavy machinery, had b
May 20, 2026
In a word, limbo.
The Biden administration allowed the rule development process to drag on through seemingly endless comment periods, rewrites and updates. Sure, there are “requirements” for rules, but the rulemaking process can usually be streamlined when circumstances create emergencies.
Argh.
The Trump administration has parked the regs and will not move forward. But OSHA can, technically, still oversee potential heat issues.
From the OSHA Chronicle:
OSHA will continue to cite employers for heat stress hazards under the General Duty Clause. In reinforci
A New York appellate court upheld a grant of summary judgment on a carpenter’s Labor Law claim for his injuries from a trip-and-fall accident.
Case: Berardi v. 900 Third Avenue LP, No. 156323/21, 595059/22, 05/28/2026, published.
Facts: Christopher Berardi, a carpenter, allegedly suffered injuries when he tripped on a tarp that covered a corridor as he was pushing a cart to deliver glass to newly constructed offices in a renovation project.
The building was owned by 900 Third Avenue LP, a subsidiary of Paramount Group Inc. Gannon Contracting LLC served as the general contractor on the
A New York appellate court upheld a decision by the Workers' Compensation Board finding that the insurance carrier from which a professional employer organization had purchased coverage was liable for a worker’s benefits.
Case: Matter of Rodriguez v. Sky Materials Corp., No. CV-24-1975, 05/28/2026, published.
Facts: Zoilo Cruz Rodriguez was working on a construction site when he tripped and fell while carrying a metal beam. He filed two claim forms for workers' compensation benefits, naming his employer as Sky Structures Corp. and Sky Materials Corp., respectivel
A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing a worker’s claims against it, as well as the cross-claims against it.
Case: Rosario v. C.C. Controlled Combustion Co. Inc., No. 816166/21, 05/26/2026, published.
Facts: Pedro Rosario suffered injuries while installing an oil tank in the basement of a building owned by 2350 Broadway Associates LLC.
According to Rosario, he was struck by a piece of the tank when it detached and fell from an electric chain hoist owned by his employer.
C.C. Controlled Combustion
A Texas appellate court upheld a take-nothing judgment against a manufacturer on a worker’s negligence claim.
Bell Textron Inc. produces helicopters, and at its Grand Prairie facility, it makes transmission parts. To ensure that its helicopters can operate in harsh conditions, Bell coats the transmission parts with cadmium to protect against corrosion.
Before the cadmium can be applied, the parts must be cleaned with hydrochloric acid and cyanide. Because acid and cyanide can cause a dangerous chemical reaction when mixed, they are kept in separate tanks.
To ensure safety during the c
The Oregon Court of Appeals ruled that a trial judge erred in dismissing a worker’s personal injury claim on the basis of judicial estoppel because he had not disclosed it in his prior bankruptcy case.
Case: Eller v. ABM Industries Inc., No. 395, 05/13/2026, published.
Facts and procedural history: Kyle Eller slipped and fell while at work in 2019, suffering injuries that required several surgeries.
In April 2021, Eller filed for bankruptcy, and although he listed his pending workers’ compensation claim on his petition, he did not separately list his as-then-unfiled third-party
The West Virginia Supreme Court upheld a finding that a worker had no permanent impairment from a shoulder injury.
Case: Harris v. AHF LLC, No. 25-580, 06/01/2026, published.
Facts and procedural history: Phillip Harris worked for AHF LLC. He injured his right shoulder at work in February 2021. A claims administrator for AHF’s insurance carrier accepted liability for a right shoulder sprain.
Harris’ doctor later sought authorization to perform surgery on Harris’ right shoulder, but the claims administrator denied the request.
The Board of Review upheld the denial in Augus
A New York appellate court revived part of a worker’s Labor Law claim for his injuries from slipping and falling on stairs.
Case: Ziobro v Milan House Inc., No. 154028/17, 05/26/2026, published.
Facts: Witold Ziobro allegedly suffered injuries when he and two co-workers were using stairs to carry bags of debris up to the street.
Ziobro was in the middle of the stairs between his co-workers when he slipped on debris from torn bags as they were being handed off.
Procedural history: Ziobro filed suit against Milan House Inc. and Brown Harris Stevens Residential Manag
A New York appellate court ruled that a worker struck by a falling pipe was entitled to summary judgment on his Labor Law claim and that the property owner and property manager were entitled to conditional contractual indemnification.
Case: Bermeo v. Master Plumbing & Heating Inc., No. 154471/20, 05/26/2026, published.
Facts: Jose Bermeo worked for Pelham Construction Corp., the general contractor on a building renovation project. As Bermeo was retrieving a piece of drywall from a storage room, he was struck on the head by a piece of steel sprinkler pipe that was leaning agains
A New York appellate court upheld the denial of a plaintiff’s motion to vacate a default judgment.
Case: Lotus Residences LLC v. Northfield Insurance Co., No. 653599/20, 05/26/2026, published.
Facts and procedural history: Lotus Residences LLC filed a motion to vacate a default judgment against Castillo Contractors Inc. in favor of Northfield Insurance Co.
The judgment arose out of an insurance coverage dispute in a personal injury action. Northfield had filed a cross-claim against Castillo for a declaration of no coverage based upon the "employer exclusion" in its policy.
Cumulative trauma claims represent a growing share of California workers' compensation indemnity claims, with post-termination filings and litigation pushing up system costs, according to a report released Wednesday by the Workers’ Compensation Insurance Rating Bureau of California.
The WCIRB found that the share of indemnity claims involving cumulative trauma was relatively stable before the pandemic but has risen sharply since then, reaching a high in 2024 of 26% of indemnity claims, up from 13% in 2012.
Cumulative trauma claims stem from repetitive physical or mental trauma
The North Dakota Supreme Court ruled that res judicata did not bar a worker’s claim for benefits for a back injury.
Russell Jones worked for Top Shelf Energy LLC and was involved in a work-related motor vehicle accident.
Subsequent imaging revealed acute disc herniation and preexisting degenerative spinal changes.
Workforce Safety and Insurance accepted Jones’ claim for benefits for the disc herniation but denied liability for the preexisting lumbar degeneration, as well as his claim for a left leg injury.
Jones requested reconsideration only of the denial of th
