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CA - Court Tosses Privacy Complaint Over Cookies on Carrier's Website

08/20/2026 | 0

A federal judge dismissed with prejudice a proposed class action complaint alleging that a workers' compensation carrier's website collected data in violation of California's online privacy laws. Emily Rodriguez initially alleged that Accident Fund Holdings Inc. violated the California privacy laws by using undisclosed tracking cookies on its website in her lawsuit filed in Los Angeles County Superior Court. Accident Fund removed the case to federal court. "Because plaintiff denies entering any genuinely private information — either demographics, interests and preferen Read More

NJ - Worker Cleared to Return to Full Duty Still Gets TTD

08/20/2026 | 0

The Superior Court of New Jersey’s Appellate Division upheld an award of temporary total disability benefits to a worker for a knee injury after his treating surgeon had cleared him to return to full-duty work. Case: Munoz v. Costco, No. A-3829-24, 08/12/2026, unpublished. Facts: Ricardo Munoz was working part time at Costco in January 2022 when he injured his right knee while helping a customer lift a generator into a truck. Munoz immediately reported the injury to a manager and sought medical treatment. He was diagnosed with a right knee medial meniscal tear and extensive chondromal Read More

WV - Court Overturns Finding of Compensability for Worker's Psychological Conditions

08/20/2026 | 0

West Virginia’s Intermediate Court of Appeals overturned a finding of compensability for a first responder’s psychological conditions. Case: Cabell County Commission v. D.E., No. 26-ICA-34, 08/06/2026, published. Facts: An individual, identified in court documents by the initials D.E., worked for the Cabell County Commission as a first responder. In November 2013, he saw his primary care provider. This doctor noted that D.E. was suffering from anxiety, attention deficit hyperactivity disorder and bipolar II disorder. In August 2023, the doctor added affective disorder Read More

TX - State Court Lacks Jurisdiction Over LHWCA Attorney

08/20/2026 | 0

A Texas appellate court ruled that a state trial court lacked jurisdiction over an out-of-state attorney who had represented a claimant in a Longshore and Harbor Workers’ Compensation Act case before the claimant moved to Texas. Case: Weltin v. Homeport Insurance Co., No. 01-25-00155-CV, 08/13/2026, published. Facts and procedural history: Daniel Weltin, a California attorney with the Law Offices of Daniel Weltin, represented Veronica Gray-McRae in a federal administrative claim filed in California and seeking benefits under the Longshore and Harbor Workers’ Compensation Act for Read More

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Press - Asvar Law Secures Over $66,000 in Sanctions Against Lyft for Willful Case Delays

08/20/2026 | 0

Judge Rules Lyft Withheld Evidence and Delayed Discovery in a Pre-Proposition 22 Dispute Over Gig-Worker Classification LOS ANGELES, Aug. 18, 2026 /PRNewswire/ -- Asvar Law, P.C. announced today that a California Workers' Compensation Appeals Board judge has sanctioned Lyft, Inc. a total of $66,735 for willfully delaying discovery and repeatedly violating court orders to produce employment records in a catastrophic-injury case, finding that Lyft "acted with malice." The underlying case involves Mark Nahvi, a former Lyft driver who suffered catastrophic, permanent injuries after being violent Read More

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CA - CAAA: Comp Fraud Doesn't Begin and End With Injured Workers

By CAAA Communications Team
08/18/2026 | 0

A San Francisco construction company owner and manager are facing multiple felony charges after prosecutors allege they underreported payroll, failed to pay required taxes and insurance premiums, and attempted to deny workers’ compensation benefits to an employee who lost a finger in a workplace accident. San Francisco District Attorney Brooke Jenkins on Aug. 7 announced that Declan McKevitt and Grace McKevitt, owners and managers of An Dun Construction, were arraigned on charges including workers’ compensation premium fraud and payroll tax fraud. Both pleaded not guilty. Declan M Read More

CA - DWC Highlights Rand Study on SB 1160

08/20/2026 | 0

The California Division of Workers' Compensation on Wednesday said it posted a Rand study examining the impact of SB 1160 on utilization review and medical treatment during the first 30 days after a work injury. SB 1160 exempted certain treatment provided by doctors in an employer's medical provider network from prospective utilization review during the first 30 days of treatment starting Jan. 1, 2018. The DWC said Rand found that UR approval rates for treatment requests submitted during the first 30 days after an injury exceeded 90% both before and after the bill took effect. Rand&# Read More

CA - WCIRB Updates Loss-Sensitive Advisory Plan Table

08/20/2026 | 0

The Workers' Compensation Insurance Rating Bureau of California revised one of the loss-sensitive advisory plan tables for policies taking effect on or after Sept. 1. The WCIRB posted an updated "Table of Ultimate Incurred Loss and ALAE Elimination Ratios by California Hazard Group" in the supplemental information accompanying the updated loss-sensitive advisory plan tables released in July. Anybody who downloaded or referenced the table between July 24 and Aug. 10 is encouraged to download the updated table. The updated Table 3 for the retrospective rating plan is here. The Read More

NATL. - Combined Claims Conference Accepting Session Proposals

08/20/2026 | 0

The Combined Claims Conference program committee is accepting proposals for sessions for its 2027 conference in May. The conference will feature three educational tracks covering property, liability and special investigations units.  "We welcome proposals addressing emerging issues, innovative strategies, case studies, regulatory and legal developments, technology, best practices and other topics relevant to today’s claims and SIU professionals," the program committee said in a statement. "Sessions should provide meaningful education and actionable information atten Read More

MA - High Court Affirms Summary Judgment Dismissing Claim Against General Contractor

08/19/2026 | 0

The Massachusetts Supreme Court affirmed an award of summary judgment dismissing negligence and negligent hiring claims brought against a general contractor by an employee of a subcontractor who suffered serious injuries when he fell from a roof. The high court, in Monday's decision, said case law requires a general contractor to actually retain control over safety practices at a worksite to incur any liability. The court also said state law does not recognize a negligent hiring claim by an employee of a subcontractor against the project's general contractor. Luis Contento Suquilanda Read More

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Press - Governor Hochul Announces Over $1.7 Billion in Workers’ Compensation Insurance Savings for Employers and Policyholders Statewide

07/20/2026 | 0

Additionally, Under Governor’s Leadership, NYSIF Has Allocated More Than $2.8 Billion Back to Policyholders Adds to Growing List of Improvements that Make the Workers’ Compensation System Better, More Efficient for New York Employers and Other Stakeholders Builds On Governor’s Ongoing Efforts to Make New York State More Affordable for New Yorkers Governor Kathy Hochul today announced that insured employers statewide will see, on average, a 22 percent reduction in workers’ compensation insurance premium rates, an estimated savings of more than $1 billion for busines Read More

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CA - Amended Bill Allows Sharing Workplace Inspection Reports With Law Enforcement

08/19/2026 | 0

A recently amended bill would explicitly allow the agency commonly known as Cal/OSHA to share information obtained during inspections with law enforcement officers and local prosecutors. Language allowing the Division of Occupational Safety and Health to share information with law enforcement was amended into AB 2321, a broader workplace safety measure. AB 2321, by Assemblymember Liz Ortega, D-San Leandro, would require Cal/OSHA's Bureau of Investigations to immediately review inspection reports involving allegations of serious violations and make appropriate referrals to prosecutors. Cu Read More

NATL. - OWCP Seeks Comments on Forms

08/19/2026 | 0

The federal Office of Workers' Compensation Programs is seeking comments on forms used to verify ongoing entitlement to death benefits, request information about the recurrence of disability and refer longshore and harbor workers' claims for hearing. OWCP released pre-published notices of its intent to solicit feedback on forms CA-12, CA-2a and LS-18. The CA-12 form is sent annually to beneficiaries in death cases to verify that their marital status has not changed and that they remain entitled to death benefits. The CA-2a form is used to request information from claimants with prev Read More

NATL. - DOL Moves to Repeal 100% Security Requirement for Coal Operators

08/19/2026 | 0

The U.S. Department of Labor is proposing to repeal a Biden-era requirement for coal operators to post security deposits equal to 100% of their estimated black lung liabilities. Historically, the department did not require self-insured operators to post a security with a face value sufficient to cover all of their expected black lung liabilities, relying instead on a company's size as evidence of its ability to make future payments. However, three large self-insured operators filed for bankruptcy in 2014 with insufficient securities to cover their estimated $865 million in combined liabi Read More

NY - WCB Holding 2026 Conference Oct. 16

08/19/2026 | 0

The New York State Workers’ Compensation Board opened registration for its 2026 conference, set for Oct. 16 in Albany. The full-day program will feature a panel discussion reviewing lessons and experiences from the 9/11 terrorist attacks, including how it prepared the WCB to respond to the COVID-19 pandemic. WCB officials will also discuss recent legislative and regulatory changes and provide an update on modernizing the board's business information system, OnBoard. Other sessions will explore provider compliance and discipline, claims handling best practices and ongoing efforts t Read More

NJ - Court Affirms Dismissal of Wrongful Death Case Against Nursing Facility

08/18/2026 | 0

A New Jersey appeals court agreed that a skilled nursing facility was entitled to summary judgment dismissing the wrongful death case brought by the estate of a worker who died from COVID-19. Among other things, the Superior Court of New Jersey Appellate Division said there was no doubt that Louis Doto Sr. was employed by the facility, and nothing in the record suggests that his employer acted in a way that would trigger an exception to exclusive remedy. Doto was employed by BP & SC Services Inc., an employment agency that leased him to Advanced Subacute Rehabilitation Center, a 139-bed Read More

TX - Worker Who Received Benefits Can't Pursue Civil Suit Against Employer

08/18/2026 | 0

A Texas appellate court ruled that a worker who received benefits for his injuries from a fall could not proceed with a civil suit against his employer based on the same accident. Case: Turner v. Pilgrim’s Pride Corp., No. 12-25-00221-CV, 08/12/2026, published. Facts: Christopher Turner worked for Pilgrim’s Pride Corp. He suffered injuries at work in June 2023 when he fell from a height of about 15 feet. An administrative law judge found that Turner’s compensable injuries included a low-back hematoma and ordered the workers’ compensation insurance carrier for Pi Read More

WV - Court Upholds Increase in Worker's PPD Award

08/18/2026 | 0

West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s permanent partial disability award for injuries to his pelvis. Case: Consol Mining Co. LLC v. Snuffer, No. 26-ICA-47, 08/06/2026, published. Facts: Austin Snuffer worked for Consol Mining Co. LLC. He filed a workers’ compensation claim in February 2023, seeking benefits for injuries from being pinned between a two-man ride and a bolter. Snuffer was diagnosed with diastasis of the pubic symphysis with an adjacent hematoma measuring 3.4 centimeters, with an associated right sacral fracture. Read More