NY - Worker Doesn't Need to Prove Labor Market Attachment to Get PPD Award
03/19/2026 | 0
A New York appellate court ruled that a worker was entitled to the benefit of a change in the law that relieved her of the burden to prove an attachment to the labor market.
Bonnie Blake suffered injuries to her neck and shoulder while at work in 2000.
In 2011, Blake was classified with a permanent partial disability, but she received no benefits because she was working and had no causally related lost earnings.
In 2013, her employer’s insurance carrier was discharged from liability, which was transferred to the Special Fund for Reopened Cases.
In 2017, Blake injured her neck an...
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A Louisiana appellate court upheld the dismissal of a worker’s civil claims arising from a work-related car accident as time-barred.
Case: Leteff v. Estate of Yocum, No. 56,672-CA, 02/25/2026, published.
Facts: Donald Coleman and Jason Leteff worked for the Franklin Parish Police Jury. Coleman was riding as a passenger in a vehicle driven by Jason Leteff in November 2021 when they were rear-ended by a vehicle driven by Trebor Yocum.
Coleman and Leteff were acting in the course and scope of their employment when the accident occurred.
Procedural history: In November 2022, Leteff ...
The District of Columbia’s highest court upheld a determination that a hospital worker was entitled to temporary total disability benefits for her bilateral carpal tunnel syndrome.
Case: Howard University Hospital v. DOES, No. 24-AA-0279, 02/26/2026, published.
Facts: Caroline McCall worked as a clinical systems coordinator for Howard University Hospital for more than 20 years.
McCall began experiencing hand and arm pain on her left side in February 2013. By 2016, the pain had spread to both sides, and a doctor diagnosed her with bilateral carpal tunnel syndrome caused by “...
A New York appellate court upheld a grant of summary judgment to a worker on his Labor Law claim for his injuries from a fall from a ladder.
Case: Roque v. 240 Lincoln Place LLC, No. 28997/20, 02/19/2026, published.
Facts: Antonio Rosario Roque allegedly suffered injuries while working on a construction project when a 12-foot ladder slipped out from under him.
Procedural history: Roque filed suit against 240 Lincoln Place LLC, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for ...
Topical medications — gels, creams, ointments and patches applied to the skin — are commonly used to treat pain and typically contain lidocaine, menthol or diclofenac.
A decade ago, many topicals in workers’ compensation were compounded pain creams. Public scrutiny, prosecutions, lawsuits and regulatory actions largely eliminated these products. They have since been replaced by even more problematic drugs: single-ingredient products and “privately branded generics.”
The costs are extraordinary. Many employers and insurers report that 50% or more of total dru...
A former Rikers Island correctional officer admitted to falsely claiming he was injured while on duty following use-of-force incidents with inmates, federal prosecutors in New York announced.
Todd Faustin, 43, on Tuesday pleaded guilty to one count of making false statements related to health care matters.
According to the indictment, Faustin submitted at least eight false claims from January 2016 through December 2023.
The indictment says Faustin falsely claimed that he was injured while on duty at Rikers during use-of-force incidents with inmates, and other work tasks. Following...
California lawmakers are proposing to eliminate the requirement that airport firefighters complete a state-mandated training program to qualify for certain workers' compensation presumptions.
SB 1444, introduced Tuesday by the Senate Committee on Labor, Public Employment and Retirement, would require only that firefighters complete training mandated by the Federal Aviation Administration to qualify for the presumptions signed into law by Gov. Gavin Newsom less than six months ago.
In October, Newsom signed SB 230, making firefighters at commercial airports regulated by the FAA eligi...
A man who allegedly underreported payroll to fraudulently reduce his workers' compensation premiums was arrested and charged with an organized scheme to commit premium avoidance fraud, the Florida Department of Financial Services announced.
Jacques G. Denomme allegedly used two money services businesses to hide payroll and failed to notify his insurance company of significant payroll changes. The alleged underreporting deprived an insurance company of nearly $1.1 million in premiums, the department said in a statement.
The statement doesn't identify Denomme's company, his li...
LA - Bill Would Create Medical Claims Database, Revise Fee Schedule
A bill introduced in Louisiana would establish a statewide workers' compensation medical claims database and overhaul how provider reimbursements are calculated.
SB 408, introduced Tuesday, would require Louisiana Works, the state’s workers' compensation administration, to create and maintain an “All Workers’ Compensation Medical Claims Database” containing medical and pharmacy claims submitted by all payers in the state. The database is intended to improve transparency in reimbursement trends, monitor utilization and outcomes, and help detect fraud and system ...
A Texas appellate court upheld a jury’s $4.5 million verdict for a worker injured in an accident in a sawmill.
Antonio Munoz Aserradero LLC owned a sawmill in Rusk, Texas. Grant Ivie worked at the sawmill. He arranged for his brother-in-law, Jerry Thomas, to start working there, too.
Thomas was supposed to begin working on May 2, 2022, but he overslept and did not show up until the next morning. When he arrived, he spoke to Munoz.
According to Thomas, Munoz told him that he would be trained, and if he liked the work, they would talk about employment.
Ivie showed Thomas how to op...
The Rhode Island Supreme Court ruled that the Workers’ Compensation Court lacked subject matter jurisdiction over an injured deputy sheriff’s challenge to the denial of his application for an accidental disability retirement pension.
Case: O’Connell v. Employees’ Retirement System of Rhode Island, No. 2024-232-M.P., 03/16/2026, published.
Facts and procedural history: Sean M. O’Connell, a deputy sheriff for the Department of Public Safety, in October 2021, applied for ordinary and accidental disability retirement pensions. He asserted that he sustained a ba...
A majority on New York’s highest court ruled that the Workers’ Compensation Board cannot approve legal fees based on charges against an employer or insurance carrier for untimely compensation payments.
Case: Matter of Gonzalez v. Northeast Parent & Child Society, No. 15, 03/17/2026, published.
Facts and procedural history: The Law Firm of Alex Dell PLLC represented Wilfredo Gonzalez on his workers' compensation claim.
A workers’ compensation law judge awarded counsel $2,189.93 in legal fees as a lien on Gonzalez’s $13,724.13 compensation award, pending r...
The Arkansas Court of Appeals upheld a determination that a worker failed to prove her entitlement to benefits for a permanent anatomical impairment as a result of her compensable spine injury.
Case: Pederson v. Optum Care Inc., No. H202890, 02/25/2026, published.
Facts: Marion Pederson worked for Optum Care Inc. as an X-ray technician. In April 2022, Pederson fell while at work. Optum Care accepted responsibility for compensable injuries to her right hip, low back and cervical spine.
Pederson had a history of back and neck problems dating to 2011, for which she had sought medical...
Prosecutors would be the lead investigators for accidents resulting in serious injury or death, while the agency commonly known as Cal/OSHA would continue to collect reports and assist, under a recently amended bill.
Assemblymember Liz Ortega, D-San Leandro, who chairs the Assembly Committee on Labor and Employment, on Monday amended AB 2321 to propose requiring the Bureau of Investigations within the Division of Occupational Safety and Health to establish policies for reviewing serious incidents and coordinating criminal referrals with prosecutors.
The amended bill would also declare th...
New Jersey lawmakers have reintroduced legislation that would codify the requirement for workers' compensation to cover costs associated with the medical use of cannabis.
S3984, which was posted to the Legislature's website this week, and A1023, which was introduced Jan. 13, are what's sometimes called "zombie bills" as they contain similar language as measures that have been introduced in each legislative session since 2018. No bill has made it to the floor for a full vote by either chamber.
The 2026 bills would require workers' compensation to cover the costs asso...
The Oklahoma Workers' Compensation Commission is asking for comments on its proposed 2026 Medical Fee Schedule.
Among other things, the commission is proposing to increase the anesthesia conversion factor to $58.17 from $56.48. Other conversion factors would be increased by 8.7% compared to the 2024 fee schedule.
The commission is required by law to review the fee schedule and submit proposed updates to the Legislature every other year.
The WCC is accepting written comments through March 25. Comments can be sent to OKFeedback@fairhealth.org.
System users can also provide feedback on th...
