CA - CWCI Study Finds CT Surge Defies Simple Explanation
08/04/2026 | 2
The California Workers' Compensation Institute on Monday reported that the surge in cumulative trauma claims could not be attributed to commonly cited factors such as employment growth, worker tenure or multiple filings.
CWCI, in its report to the industry, documented substantial growth in the number of Southern California attorneys representing injured workers in cumulative trauma cases against employers in Northern California, from about one-quarter of claims to nearly four-in-five over the study period. However, it did not determine whether that change contributed to the statewide
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An Ohio appellate court ruled that a worker receiving temporary total disability benefits after surgery related to an industrial injury remained eligible for TTD after she voluntarily retired.
Case: Fox v. Industrial Commission, No. 24AP-140, 07/30/2026, published.
Facts: Phyllis Fox worked for Metallus Inc. She injured her right arm at work in March 2020.
Fox’s workers’ compensation claim was allowed for fracture of the right radius with malunion.
In January 2022, Metallus offered lump-sum, early full-pension payments to certain employees. Fox was eligible, bas
The Alabama Court of Civil Appeals upheld a determination that a worker had suffered a permanent total disability and that he was limited to schedule benefits for the loss of his fingers.
Case: Harris v. Lineage Logistics, No. CL-2025-1033, 07/31/2026, published.
Facts: Roderick Harris worked for Lineage Logistics. He suffered injuries in the course of his employment that resulted in the partial amputation of his right index and middle fingers, and of his left index finger.
Procedural history: He filed a complaint against Lineage, seeking workers’ compensation benefits. Harris al
A New York appellate court ruled that the defendants in a Labor Law action were not entitled to amend their answer to assert the affirmative defense of release.
Case: Navarro v. Malcarne Contracting Inc., No. 2024-10633, 07/29/2026, published.
Facts: Francisco Navarro allegedly was injured while working on a project to replace skylights at a home when the lift on which he was working tipped over.
The property was owned by Max and Melissa Polaner, who had hired Malcarne Inc. to serve as general contractor on the project.
Malcarne retained Navarro’s employer, Francisco Remodeling Inc.,
At a meeting of California’s Commission on Health and Safety and Workers’ Compensation, a payer and network advocate argued that the state’s chaotic medical provider network system is a sterling success, despite overwhelming evidence to the contrary.
The American Association of Payers, Administrators and Networks claimed that a general provider shortage, not a broken system riddled with pitfalls for providers, is the reason injured workers struggle to find doctors willing to treat them.
AAPAN shared findings from its white paper&n
A New York appellate court upheld a jury verdict finding that the defendants in a Labor Law case violated two Industrial Code provisions but were not the proximate cause of the plaintiff’s injuries.
Case: Gomez v. City of New York, Nos. 2023-11375 and 2023-11377, 07/29/2026, published.
Facts: Jimmy Gomez suffered injuries while performing construction work on premises owned by the City of New York, the New York City Department of Education and the New York City School Construction Authority.
The city entities hired E.W. Howell Co. LLC as the general contractor of the projec
The California Lawyers Association will host its Annual Awards Ceremony and Celebration Sept. 26 at the Aquarium of the Pacific in Long Beach.
CLA will present a lifetime achievement award to Arthur Johnson, founding attorney of the Johnson Law Firm in San Jose.
Johnson, a certified specialist in workers’ compensation, took on his father’s law practice in 1965. In addition to advocating for injured workers, his practice also involves the coordination of benefits for Social Security disability, long-term disability and state disability.
CLA will also recognize Jamie Spitzer a
The Mississippi Court of Appeals upheld a finding that a worker suffered a total occupational loss and was entitled to permanent total disability benefits.
Christy Moore began working on a production line for Ajinomoto Foods North America in September 2018.
After Moore was assigned to a position packing flash-frozen burritos into boxes, she began experiencing pain in her hands. She reported it to a supervisor, who agreed to move Moore to a different position until she could see a doctor.
Moore went to Dr. Theresa Pickle, who cleared her to return to work.
Moore stopped working on Sept
The Wisconsin Court of Appeals upheld the dismissal of the civil claims against an employer for a fatal explosion as barred by workers’ compensation exclusivity.
Case: Dodge v. Didion Milling Inc., No. 2025AP3, 07/30/2026, unpublished.
Facts: On May 29, 2017, a fire occurred in a corn milling facility owned and operated by Didion Milling Inc. That night, after the fire had been put out, production at the mill was resumed.
Two days later, another fire started inside the mill, this time resulting in an explosion that resulted in the deaths of five Didion employees and injurie
The West Virginia Supreme Court ruled that an injured firefighter’s claim for benefits should not have been closed before he had fully recovered from the conditions that were newly added to his case.
Case: City of Wheeling v. Gilbert, No. 26-77, 07/30/2026, published.
Facts: David Gilbert was a firefighter for the City of Wheeling. He filed a workers’ compensation claim, asserting that he had injured his wrist in December 2023.
Gilbert said he was getting into an ambulance when he slipped and fell with his right hand outstretched.
Gilbert was diagnosed with a wrist sprain, and
A New York appellate court has upheld the denial of accidental disability retirement benefits to a Middletown fire inspector who claimed he was permanently disabled after a 2010 vehicle crash.
The court agreed that Adam McCarey failed to establish that the crash occurred while he was doing his ordinary duties as a fire inspector/firefighter.
McCarey was injured on Sept. 23, 2010, as he was driving his city-issued vehicle from one inspection site to another. He had stopped behind a school bus with its lights on when he was rear-ended by a truck.
The accident happened about an hour befor
The Classification and Rating Committee for the Workers' Compensation Insurance Rating Bureau of California will meet to discuss classification changes and audit program updates.
Committee members will discuss revisions to classification codes for retail and wholesale computer stores.
The WCIRB is considering amending Classification 8062, which applies to employers that operate stores that sell computers and computer accessories, to remove outside salespeople.
Additionally, the committee will discuss adding wholesale cellular telephone stores that are assigned to 8018 to 8062 and
Federal lawmakers are proposing to revise the definition of fire protection activities that qualify firefighters for the presumption that cancer arose from employment.
HR 10001, introduced Thursday, would explicitly add fuels specialists, burn bosses and prescribed fire crew members to the statutory definition of employees performing fire protection activities. The list currently includes wildland firefighters, paramedics and rescue workers.
The bill would also clarify that the presumption applies to those trained and engaged in prescribed burns as well as fire suppression. It would exp
The Texas Division of Workers' Compensation is accepting comments on a proposal to update the version of the American Medical Association's Guides to the Evaluation of Permanent Impairment starting in 2028.
Current rules require doctors to assign an impairment rating when injured workers reach maximum medical improvement using the 4th edition of the AMA guides, which was last updated in 2000.
The division is proposing to require, starting Jan. 1, 2028, that impairment ratings be calculated using the 6th edition of the AMA guides.
The DWC said the change is necessary to ensure the us
The Industrial Commission of Arizona is soliciting feedback from system users about creating a panel to hear appeals.
The commission is considering three possible approaches to what it is calling the potential ICA Appeal Board:
Create a board with at least four ICA appeal judges and assign a three-member panel to hear all requests for review.
Create a board with at least four appeal judges that would default to a three-member panel but allow parties to stipulate to having reviews assigned to a single judge.
Create a board with three judges, with a single judge hearing appeals.
The ICA
The Tennessee Court of Appeals overturned a grant of summary judgment in favor of a carrier in a premium dispute involving an assigned risk workers’ compensation insurance policy.
Gilley Construction Inc. is a Tennessee corporation that installed steel reinforcement for bridges as a subcontractor during the reconstruction of Interstate 59/20 through downtown Birmingham, Alabama.
Under Tennessee law, Gilley was required to maintain workers’ compensation insurance for its employees or meet the statutory requirements for self-insurance.
Gilley purchased two workers’ compensat
