TX - Court: Defendant's Motion to Designate Responsible Party Should've Been Granted
03/13/2026 | 0
A Texas appellate court ruled that a trial judge should have granted the motion of a defendant in a civil suit for leave to designate the plaintiff’s employer a responsible party.
Faith Lawson worked for United Parcel Service Inc. as a delivery driver. Christopher J. Hudspeth Jr. worked for PVF Industrial Supply Inc.
Hudspeth’s truck collided with Lawson’s parked delivery van on April 22, 2016. Hudspeth was acting within the course and scope of his employment with PVF at the time of the accident.
Lawson sued Hudspeth and PVF before the statute of limitations expired, but P...
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The Pennsylvania Superior Court turned down collateral review of the denial of summary judgment on an employer’s exclusivity defense to a worker’s personal injury action.
Case: Hailu v. Giorgio Fresh Co., No. 2988 EDA 2024, 02/25/2026, published.
Facts and procedural history: Samuel Hailu filed a personal injury action against the Giorgio Fresh Co. for an accident that occurred at Giorgio’s warehouse in Chester County.
Hailu sought damages for the injuries he allegedly sustained while working at the warehouse as an employee from Temp Staffing/ACCU Staffing.
Giorgio f...
A New York appellate court ruled that a worker’s special employer was entitled to summary judgment dismissing the civil claims against it for the worker’s alleged injuries from an exploding keg of kombucha.
Case: Samuel v. Petainer, No. 2024-02870, 02/18/2026, published.
Facts: Ori Samuel allegedly was injured when a plastic keg containing kombucha exploded at a facility owned by Gotham Mini Storage and leased by GT's Living Foods LLC.
According to Samuel, he was hired by GTLF as a brand ambassador. He claimed he was trained by employees of GTLF and given work...
A New York appellate court ruled that a defendant in a Labor Law action should have been granted partial summary judgment dismissing the claims against it and on its indemnification claim.
Case: Scanlon v. South Street Seaport Limited Partnership, No. 155345/20 and 595494/22, 02/17/2026, published.
Facts: Michael Scanlon worked for Kenvil United Corp. He allegedly suffered injuries from a fall off a ladder while working at a property owned by South Street Seaport Limited Partnership, as part of a project overseen by Plaza Construction LLC.
Procedural history: Scanlon filed suit against...
SACRAMENTO, CA - The Association of Workers' Compensation Professionals (AWCP) is proud to announce a new strategic partnership with WorkCompCentral, the leading online news and information resource dedicated to the workers' compensation...
Although the California State Bar’s Rules of Professional Conduct require the communication of all written settlement offers to a client, it’s safe to say there are regulars in the workers’ compensation community who routinely ignore that rule.
The rule in question is Rule 1.4.1 Communication of Settlement Offers, and it can be found here. It states that:
(a) A lawyer shall promptly communicate to the lawyer’s client:
(1) All terms and conditions of a proposed plea bargain or other dispositive offer made to the client in a criminal matter.
(2) All amo...
The Washington Senate approved amendments to a bill addressing medical treatment, voting to allow the measure to be transmitted to the governor.
The Senate on Tuesday voted 30-19 to concur with amendments made to SB 5847 while the measure was in the state House of Representatives.
The amended bill would allow network providers to deviate from coverage decisions issued by the Department of Labor and Industries, as well as the agency's medical treatment guidelines and medical policies, "when medically appropriate." The bill would also allow network providers to esc...
Virginia lawmakers gave final approval to a bill modifying provisions that allow coverage of certain mental health conditions suffered by firefighters and law enforcement officers.
The House of Delegates on Wednesday unanimously signed off on amendments to HB 1313 that were made by the Senate to reduce its scope.
The bill heading to the governor's desk would allow so-called "mental-mental" claims for post-traumatic stress disorder on or after Jan. 1, 2027.
When the House unanimously passed the bill in February, it would have allowed claims for PTSD, anxiet...
The Hawaii House of Representatives passed a handful of workers' compensation bills addressing vocational rehabilitation, treatment plans and prescription drugs.
The House on Tuesday passed HB 1514, which would require providers to approve vocational rehabilitation services if the doctor determines an injured worker is likely to require rehabilitation to return to gainful employment, and if an initial evaluation finds that the worker can participate in the program.
Additionally, the bill would clarify the process for selecting a provider of rehabilitation services, including allowing the...
The Kentucky Senate unanimously passed a bill that would link the Department of Workers' Claims directly to the governor's office.
The Senate on Tuesday voted 37-0 to pass SB 343, which would remove the Department of Workers' Claims from the Education and Labor Cabinet and administratively attach it to the governor's office.
The relocated Department of Workers' Claims would be led by a commissioner appointed by the governor and confirmed by the Senate, under SB 343. However, the commissioner would no longer work under the direction and supervision of the governor's Ed...
Bills that would eliminate the Advisory Council on Workers' Compensation and a cap on reimbursement rates for certain imaging services are moving through the Oklahoma Legislature.
The Senate on Tuesday unanimously passed SB 1301, which would eliminate the advisory council.
The bill would also require the advisory panel to transfer its property and records to the Workers' Compensation Commission by July 1.
SB 1301 now goes to the House of Representatives for more hearings.
The House, meanwhile, voted 81-6 Wednesday to pass HB 4202, which would remove language setting a specific reim...
A Texas appellate court affirmed the dismissal of a lawsuit alleging that the negligence of a contractor and subcontractor resulted in a worker's death.
John Paul Torres was a construction worker for Ten Hagen Excavating who was severely injured in September 2019 while directing vehicles as they entered a construction site. He later died, but the decision does not state whether his death was related to his injuries.
His family sued Ten Hagen for gross negligence and also sued Fairview Construction, the general contractor on the project, for both gross negligence and negligence....
A Louisiana appellate court upheld a determination that a worker whose condition after an industrial accident had improved from a temporary state of total disability had worsened to the point that she is now permanently and totally disabled.
Case: Ebarb v. Boise Cascade Co., No. 25-464, 02/19/2026, published.
Facts and procedural history: Maria Ebarb worked for Boise Cascade Co. She filed a workers’ compensation claim, asserting that she suffered injuries to her neck and back in March 2016 while operating a front-end loader.
Ebarb withdrew her claim of a neck injury before trial,...
A New York appellate court ruled that the defendants in a Labor Law action were not entitled to summary judgment dismissing a worker’s claims based on his fall from a ladder, except to the extent that he abandoned some of his claims.
Case: Rogers v. DS Restoration & Residential Services Co., No. 931 CA 24-01480, 02/11/2026, published.
Facts: Renee Pokszywka hired DS Restoration & Residential Services Co. and Lenard C. Dabney to work on the gutters on her home.
Dabney allegedly asked Adrian Rogers to assist him with the job. According to Rogers, there was no written c...
A New York appellate court upheld a determination that the Workers’ Compensation Board did not abuse its discretion in denying a worker’s application for reconsideration and/or full board review.
Case: Matter of Sheodial v. Universal Construction Resources Inc., No. CV-25-0645, 02/22/2026, published.
Facts and procedural history: Rupert Sheodial worked for Universal Construction Resources Inc. as a supervisor. He filed a claim for workers' compensation benefits after allegedly developing back pain in April 2021.
A workers’ compensation law judge established the claim.
...
West Virginia’s Intermediate Court of Appeals upheld an award of temporary total disability benefits to a firefighter for a knee injury.
Case: City of Wheeling v. Melsop, No. 25-ICA-338, 02/27/2026, published.
Facts: Cody Melsop worked for the City of Wheeling as a firefighter. He suffered an injury to his right knee in December 2023 while carrying a 40-pound tote up stairs.
A right knee X-ray revealed patellar narrowing and spurring. Nurse practitioner Ross Tennant assessed a right knee sprain. He also restricted Melsop to sedentary work until Jan. 11, 2024.
In February 2024, Melsop...
The California Department of Insurance announced that two brothers who own tow truck businesses were arrested Wednesday on multiple counts of insurance fraud for allegedly scheming to reduce their workers' compensation premiums by nearly $5.9 million.
The department said it launched an investigation after receiving two fraud referrals from a carrier alleging that Mark Hassan, 46, owner of Hadley Tow, underreported his company's payroll. The department expanded the investigation when it received a third referral alleging that his 35-year-old brother, Ahmed Hassan, owner of California...
