NH - High Court: Payers Must Notify Commissioner of Potential Second Injury Fund Claim
09/09/2026 | 0
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
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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
We have all had experience with primary treating physicians who operate a little bit on the lazy side with respect to their PR-2 reporting.
Oftentimes, this laziness takes the form of “cut-and-paste” reporting where it’s difficult to decipher what the details are from this latest visit, versus those of prior visits. Other times, there are no changes to the report at all other than a recommendation to refill prescription medications. But what about when the PR-2 report fails to address something significant, specifically work status and work restrictions?
Under Labor Cod
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
The Nevada Workers' Compensation Section on Tuesday announced that workers' compensation loss costs are decreasing by 32.8%, effective Oct. 1, as a direct result of a bill eliminating a payroll cap used to calculate premiums.
Lawmakers in 2025 enacted SB 317, a multifaceted measure that ordered the Division of Industrial Relations to adopt the ODG formulary and closed the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers to new claims.
The bill also replaced the statutory $36,000 payroll cap for private employers with a limit that is equal t
Jacksonville, FL – July 10, 2026 – PhysNet welcomes Michelle Despres, PT, EMBA as Chief Operating Officer, strengthening its leadership team as the company enters its next stage of national growth.
A licensed physical therapist and seasoned healthcare executive, Michelle brings a strong blend of clinical insight, operational leadership, and people-centered strategy. S
In a case of first impression, West Virginia’s Intermediate Court of Appeals ruled that exposure to the saliva of a potentially rabid animal is sufficient to establish an injury for workers’ compensation purposes.
Case: South Huntington Animal Hospital PLLC v. Sullivan, No. 26-ICA-69, South Huntington Animal Hospital PLLC v. Newman, No. 26-ICA-70, South Huntington Animal Hospital PLLC v. Fulks, No. 26-ICA-105, 08/27/2026, published.
Facts: Shayne Sullivan, Alisha Newman and Laura Fulks all worked for South Huntington Animal Hospital PLLC. They separately filed workers’ comp
The New Hampshire Insurance Department approved a filing by the National Council on Compensation Insurance that will reduce voluntary workers' compensation loss costs by an average of 2.9% in 2027.
The department also approved a recommendation to lower assigned risk rates by an average of 3.4%.
The department said this is the 15th consecutive rate cut, and loss costs have declined a cumulative 68% over the last 15 years.
Loss costs represent the portion of workers’ compensation rates associated with the expected cost of claims for work-related injuries.
Deputy Insurance Com
The Kentucky Court of Appeals overturned a $22.5 million award of damages for a group of employees injured by the collapse of a concrete form during a road construction project against the engineers
Case: Scotty’s Contracting and Stone LLC v. Graves, No. 2024-CA-0287-MR, 08/28/2026, published.
Facts: In 2011, the Kentucky Transportation Cabinet awarded a contract to Scotty’s Contracting and Stone LLC for a road construction project.
Scotty’s subcontracted with VanMeter Contracting Inc. to build retaining walls using large premanufactured forms.
VanMeter employees su
The Illinois Appellate Court ordered publication of its split decision finding that a worker did not exceed his allowable selection of two physicians to treat his compensable injury.
Case: Heartland Coca-Cola Bottling Co. v. IWCC, No. 5-25-0964WC, released 08/13/2026, published 08/28/2026.
Facts: Brian McClanahan worked for Heartland Coca-Cola Bottling Co. He reported an injury to his arm from pulling a dolly while working in June 2022.
McClanahan went on a previously scheduled vacation the two weeks following the alleged accident. He sought medical treatment when he returned.
A nurse prac
The Commonwealth Court of Pennsylvania rejects procedural challenge to Act 111, as well as repetitive challenges to the constitutionality of the state's new impairment rating evaluation process.
Sherri M. Connelly worked for Keystone Home Health Service. She suffered injuries at work in January 1994.
Keystone accepted liability for Connelly’s injuries. After paying 104 weeks of temporary total disability benefits, Keystone filed a request for Connelly to undergo an impairment rating evaluation in March 2023.
Dr. David Weiss conducted the IRE in May 2023 and opined Connelly had a 5
The Colorado Court of Appeals ruled that an independent contractor who suffered an on-the-job injury must have any recovery capped at $15,000.
Case: Williams v. Blanca Forestry Products Inc., No. 25CA1444, 08/27/2026, unpublished.
Facts: Norman Williams owns a welding and fabrication business as a sole proprietor.
Blanca Forestry Products Inc. hired Williams as an independent contractor to either build a new staircase outside of a sawmill or to repurpose a steel staircase located inside the sawmill and move it outside.
While onsite at the sawmill, Williams fell from the staircase and