CA - Proposed Deposition Fees Draw Objections From Management, Worker Advocates
11/11/2026 | 0
California's proposed rules for attorney deposition fees have managed to draw objections from both sides of the workers' compensation system, with employers saying the proposed payments are too generous and vulnerable to abuse, and applicants' attorneys saying they are too meager and that the lack of any enforcement mechanism means they're too easily withheld.
Comments submitted in response to the Division of Workers' Compensation's proposed regulations also raise questions about what services should qualify for payment, how attorneys must document their work and wheth
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The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for carpal tunnel and cubital tunnel syndrome.
Case: Gough v. UGI Utilities Inc., No. 1047 C.D. 2025, 10/27/2026, unpublished.
Facts: Glenn Gough worked for UGI Utilities Inc. for 26 years. His position allegedly required using vibratory tools, such as jackhammers and rock drills.
In January 2019, Gough began experiencing pain and numbness in his hands, particularly whenever he used a jackhammer or rock drill. He was diagnosed with carpal tunnel and cubital tunnel syndrome.
Gough underwent surgery on hi
A New York appellate court ruled that the Workers’ Compensation Board did not arbitrarily deny a worker’s application for reconsideration and/or full board review.
Case: Matter of Raissi v. Entertainment Partners, No. CV-25-0377, 11/05/2026, published.
Facts and procedural history: In 2007, Amir Raissi filed a claim for workers’ compensation benefits against Entertainment Partners, asserting that he had suffered injuries while working as a dancer/actor.
The claim was established for a right ankle injury and ultimately resulted in a 20% schedule loss of use award.
In March
The West Virginia Supreme Court upheld the dismissal of a worker’s appeal of her rejected claim because she failed to perfect it before the statutory deadline.
Case: Gonzalez v. West Virginia Department of Health & Human Resources, No. 26-97, 11/04/2026, published.
Facts and procedural history: Rebecca Gonzalez worked for the West Virginia Department of Health & Human Resources. She filed a workers’ compensation claim for an alleged injury.
The Workers’ Compensation Board of Review affirmed the rejection of Gonzalez’s claim in September 2025.
New York’s workers’ compensation system generally protects employers from lawsuits brought by injured employees. Under Workers’ Compensation Law §11, workers’ compensation benefits are typically an injured employee’s exclusive remedy against an employer.
The law also limits third-party claims against employers for contribution or indemnification, subject to two important exceptions. The first involves grave injury. When a worker suffers an injury that meets the statute’s specific definition, a third party may pursue contribution or indemnification
The Georgia Court of Appeals ruled that a trial judge applied the wrong standard of review in reversing a decision by the State Board of Workers’ Compensation Appellate Division.
Case: Discount Fiberglass Pools Inc. v. Smith, No. A26A1299, 10/27/2026, published.
Facts: Chuck Smith Jr. worked for Discount Fiberglass Pools. In September 2023, Smith was pushed to the ground during a physical altercation with the business owner’s son.
Smith allegedly sustained injuries to his upper buttocks/back area as a result of this fall.
He received medical treatment for his injury and continu
Gov. Andy Beshear issued several reappointments to oversee the administration of workers' compensation law in Kentucky.
Beshear reappointed Michael Alvey, of Owensboro, as chair of the Kentucky Workers’ Compensation Board, which reviews appeals involving workers’ compensation claims and decisions.
Alvey, an attorney, earned his bachelor’s degree from Western Kentucky University and his J.D. from the University of Kentucky College of Law. He has been a member of the Kentucky Bar since 1988 and has defended against workers’ compensation
A divided Texas appellate court ruled that a worker established a negligence claim against her nonsubscribing employer, though the jury’s award of future medical expenses was excessive.
Nicole Tarpley worked for Red Bluff LLC at a nursing and rehabilitation facility. She allegedly suffered injuries while attempting to move a morbidly obese patient from a bed to a wheelchair.
After conservative treatment, Tarpley underwent a discectomy and fusion surgery at two levels in her neck.
Tarpley filed suit against Red Bluff, a workers’ compensation nonsubscriber. She asserted claims for
A New York appellate court partially overturned a grant of summary judgment for a worker on his Labor Law claims.
Case: Ramos v. Lendlease (US) Construction LMB Inc., No. 802098/22, 10/29/2026, published.
Facts: Noland Ramos Jr. allegedly suffered injuries when he slipped and fell on a staircase at a construction site.
Procedural history: Ramos filed suit against Lendlease (US) Construction LMB Inc., asserting claims for violations of Labor Law Sections 240(1) and 241(6).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to
The Idaho Supreme Court ruled that an injured worker’s judgment against her former attorney expired before she filed a motion to renew it in 2025.
Case: Cheung v. Pena, No. 52986, 11/05/2026, published.
Facts and procedural history: Leanne Cheung was seriously injured in a work-related automobile collision. She hired attorney Raymundo G. Pena to pursue a workers’ compensation claim on her behalf.
Pena also negotiated a settlement with the auto insurer for the other driver and secured medical payment coverage for Cheung through her parents’ auto insurance policy.
After set
A New York appellate court ruled that a carrier waived its defenses to a worker’s claim by failing to timely serve his attorney with its prehearing statement.
Case: Matter of McDonell v. CJ Banach Inc., No. CV-25-0750, 10/29/2026, published.
Facts and procedural history: Jason McDonell worked for CJ Banach Inc. He slipped and fell while at work in December 2023.
After Banach contested the claim, the Workers’ Compensation Board issued a notice of prehearing conference.
McDonell’s counsel filed a prehearing conference statement 10 days before the scheduled conference and se
Kids’ Chance of America and Workers’ Compensation, Risk Management, Managed Care & Claims have announced a new partnership to help students whose parents have been seriously injured or killed on the job.
The partnership will give these students opportunities to learn about careers in the insurance industry, connect with experienced professionals, receive career guidance and develop the skills they need to enter the workforce.
Through the program, students involved with Kids’ Chance will meet professionals in workers’ compensation, risk management, managed care
The Illinois Workers' Compensation Commission announced that arbitrators Daniel Swanson and Magda Derisma-Oyewole will switch dockets, effective Dec. 1.
Derisma-Oyewole will be assigned to Chicago and Cook County, while Swanson will be assigned to Zone 2, covering Springfield, Quincy and Urbana, the commission announced.
Matters previously set for hearing in December will be transferred to and heard by the appropriate arbitrator.
The commission said all settlement contracts, motions and petitions submitted for these dockets will be directed to the new arbitrator and that its CompFile sy
The Oklahoma Workers' Compensation Commission announced that maximum temporary total disability and permanent total disability benefits are increasing by 3.93%, effective Jan. 1.
The increases align with the Oklahoma Employment Security Commission increasing the state's average weekly wage to $1,172.96 from $1,128.66.
Both temporary and permanent total disability benefits are capped at 70% of the worker's average weekly wage, not to exceed 100% of the state's average weekly wage.
As a result, the maximum TTD and PTD benefit will increase to $1,172.96 for injuries occurring o
A California appeals court affirmed a prejudgment interest award of more than $907,000 six months after upholding a trial judge's entry of a judgment notwithstanding a jury's verdict finding that State Compensation Insurance Fund was entitled to more than half a million in premium from an employer.
The Court of Appeal for the 4th District of California on Thursday rejected ReadyLink Healthcare's contention that the prejudgment interest award was not warranted, saying the carrier's damages resulting from the policy breach were certain and that the award was nondiscretionary.
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The Virginia Court of Appeals upheld the denial of a school employee’s claim for benefits arising from two alleged incidents.
Case: Robinson v. Hanover County Public Schools, No. 1598-25-2, 10/27/2026, unpublished.
Facts: Brooke Robinson worked as a positive-behavior-support coach and interventionist for Hanover County Public Schools. She fell to the floor while trying to assist a child in November 2022.
Afterward, Robinson felt pain in her pubic bone, pelvic bone, groin area and lower back. She sought treatment from several care providers. Nurse practitioner Stacy Jones diagnose
