GA - Court: Restatement of Restriction Is Not Release to Work, Doesn't Support TPD Conversion
10/29/2026 | 0
The Court of Appeals of Georgia ruled that Delta Airlines failed to comply with the requirement to attach a recent medical report establishing that Jorge Lamar had been released to work.
Though Delta cited a July 2023 medical report indicating that Lamar could work with a restriction on lifting more than 15 pounds, the court said the lifting restriction dated to at least September 2022.
"If the 15-pound weight restriction was sufficient to clear Lamar to return to work with restrictions, then the employer/insurer should have provided notice of such release after the first time the docto
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The Arizona Court of Appeals ruled that an administrative law judge erred by not considering all necessary factors before refusing to lift a sanction dismissing a worker's claim for failure to appear.
Case: Phoenix Karpova v. Industrial Commission of Arizona et al., No. 1 CA-IC 26-0002, 10/27/2026, unpublished.
Facts: Phoenix Karpova was assaulted by a resident at the group home where he worked in July 2024, suffering injuries to his right shoulder, spine and head.
The employer, iCare Adult Day Center, accepted the claim and, in September 2024, closed it based on an independent medical
The Arkansas Court of Appeals affirmed a Workers' Compensation Commission finding that an injured worker failed to prove a connection between a June 2023 workplace incident and her alleged shoulder injuries.
Case: Amanda Engleman v. Washington Regional Medical Center and Risk Management Resources, CV-25-771, 10/28/2026, published.
Facts: Amanda Engleman worked as an operating room circulator for Washington Regional Medical Center. In June 2023, when a patient began sliding from an operating table, she went underneath to support the patient. After pushing upward for three to five minutes,
California workers’ compensation professionals will get an update on significant case law, legislation and regulatory changes shaping the practice in 2027 during WorkCompCentral’s 2026 Case Law Update webinar on Nov. 7.
The half-day program will examine important 2026 decisions, including developments affecting permanent disability ratings, petitions for reconsideration and settlement walk-throughs. The panel will also review legislation enacted in 2026, including the potential impact of reforming eligibility standards for the Subsequent Injuries Benefits Trust Fund, and regu
Three years after injury, injured workers represented by attorneys have lower health scores than similar injured workers who aren’t represented.
That’s the main takeaway from a rigorous study conducted by the estimable David Neumark and Bogdan Savych of the Workers Compensation Research Institute.
That’s despite the fact that represented workers’ medical costs are double those of non-represented workers’ medical payments, and indemnity payments are also higher for represented than non-represented workers.
The study, which was based on about
In-network care leads the way in the treatment of injured workers in Texas, according to the state Division of Workers' Compensation's 2026 report card.
The DWC said in the report that injured employees within networks receive care sooner, are more satisfied with their treatment, return to the job sooner and have lower healthcare costs.
The report says 22 medical networks were certified to offer comp coverage as of March 10, 2026. Evaluators examined claims with injuries occurring between June 1, 2023, and May 31, 2025.
Findings include:
Non-network average co
NATL. - NCCI: Medical Inflation Edges Up in Comp; Further Hikes Expected
Medical inflation in workers' compensation edged up in the third quarter, and the National Council on Compensation Insurance expects annual price growth to reach 2% to 2.5% over the next several quarters, according to a report released Monday.
NCCI’s Workers' Compensation Weighted Medical Price Index rose 1.2% year over year in September, up from 1% in July and 1.1% in August, according to its October Medical Inflation Insights report.
Hospital outpatient prices helped drive the increase, rising 1.5% in September compared with 0.9% in July. NCCI expects growth in that category
The District of Columbia’s highest court ruled that a worker who proves permanent total disability can receive wage-loss benefits even if the situs of his disability is a schedule member.
Burnice Stackhouse worked for the District of Columbia Department of Public Works. He injured his right ankle in 1993 and began receiving temporary disability benefits from the District of Columbia Workers’ Compensation Program.
In 2020, the Office of Risk Management informed Stackhouse that he was approaching the 500-week statutory cap on temporary disability benefits. Stackhouse was
The Idaho Supreme Court reinstated a worker’s civil suit against a subcontractor on a construction project, finding that a trial judge erred in dismissing the suit as barred by exclusivity.
Case: Bauer v. Scott Myers and Sons Roofing and Construction LLC, No. 52706-2025, 10/22/2026, published.
Facts: Stack Construction LLC was the general contractor on a construction project for an apartment complex. Stack hired Scott Myers and Sons Roofing and Construction LLC as a subcontractor. Stack also hired Evans Plumbing Inc. as a subcontractor.
Alexander Bauer worked for Evans. He suffer
A New York appellate court overturned a partial grant of summary judgment on a worker’s Labor Law claim due to triable issues as to how his accident occurred.
Case: Mema v. Procida Construction Corp., No. 20484/20, 10/20/2026, published.
Facts: Ferid Mema worked for Mastercraft Masonry Inc. He allegedly suffered injuries when a 400-pound beam he was carrying fell on his foot.
Procedural history: Mema filed suit against Procida Construction Corp., asserting claims for negligence and violations of Labor Law Sections 200 and 240(1).
Section 200 codifies the common-law duty to
A New York appellate court overturned a grant of summary judgment to a worker on his Labor Law claim for his alleged injuries from being struck by falling construction material.
Case: Gonzalez v. Chatsworth Builders LLC, No. 814285/23, 10/20/2026, published.
Facts: Francisco Javier Gonzalez allegedly suffered injuries while he was transporting more than 300 pounds of construction material on an overloaded A-frame cart. According to Gonzalez, the material and cart flipped over and fell on him, causing injuries to his neck and back.
Procedural history: Gonzalez filed suit against Chatsworth B
The Occupational Safety and Health Administration cited a utility construction company for repeatedly exposing workers to excavation hazards.
OSHA investigated Always Underground LLC as part of its National Emphasis Program on Trenching after seeing workers in an unprotected trench deeper than 8 feet.
The Frankfort-based employer was cited for three repeat violations for failing to provide a safe way to climb out of the trench, failing to protect against cave-ins and failing to keep materials and equipment at least 2 feet from the edge.
The employer a
The longtime police chief of Lexington sued his employer over a dispute about workers' compensation. But instead of a resolution, the city suspended him.
Chief Agustin Hendershot claimed that he was injured at work in September 2024 by a telephone line that snapped, causing physical and psychological injuries, WHNT News 19 reports. He said he was temporarily totally disabled and also had “permanent partial and/or permanent total disability."
Hendershot said he was forced into examination and treatment, leading to a pile of medical bills,
A divided Kentucky Supreme Court reinstated an administrative law judge’s award for a coal mine worker’s cumulative trauma injuries.
Nathan O’Bannon worked in the coal industry for 10 years. For the last four years of this employment, O’Bannon worked for Muhlenberg County Coal Co.
His duties varied over the years but always involved heavy physical labor and repetitive work.
O’Bannon filed his workers’ compensation claim in June 2024, a few days before his 33rd birthday.
He supported his claim with the opinion of Dr. John W. Gilbert, who had diagnose
The Wisconsin Court of Appeals upheld a trial judge’s decision to vacate a finding that the termination of an injured worker was for pretextual reasons.
Case: Menard Inc. v. Floriana, No. 2025AP1248, 10/20/2026, unpublished.
Facts: Michael Floriana Sr. injured his back while working for Menard Inc. as a forklift driver. After he returned to work with temporary restrictions, Floriana received a written warning for failing to use his forklift seat belt.
One week later, Floriana was disciplined for throwing a landscape rock. He later described the object as “a little pebb
A New York appellate court ruled that a worker who fell from a scaffold was entitled to summary judgment on his Labor Law claim.
Case: Latazela v. Compass Six Owner LLC, No. 806204/22, 10/15/2026, published.
Facts: Oscar Naula Latazela fell from a 6-foot-high scaffold platform at a construction site.
He said the scaffold moved, and he lost his balance, causing him to fall 11 to 12 feet to a concrete floor below.
Latazela testified that there were no designated anchor points where he could tie off his harness. Consequently, his fall was not restrained.
Procedural history: Latazel
