TX - Court: Judge Should Have Compelled Arbitration of Civil Claims Arising From Shooting
09/22/2026 | 0
A Texas appellate court ruled that a trial judge erred in denying an employer’s motion to abate and compel arbitration of a mother’s civil claims arising from the fatal shooting of her son at work.
On the evening of May 13, 2023, Jose Gomez loaned his vehicle to his relatives, Angel Gomez, 20, and Ashley Gomez, 18, to pick up their 12-year-old nephew.
After picking up their nephew, Angel and Ashley drove to a gas station, where they purchased alcohol, then proceeded to the Sonic Drive-In in Keene.
At the Sonic restaurant, Angel Gomez urinated in the dimly lit back parking lot of
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The Nevada Supreme Court upheld the dismissal of a worker’s legal malpractice claim against a law firm over an attorney’s allegedly negligent settlement of her civil suit arising from an injury sustained while she was receiving treatment for a compensable injury.
Case: Harper v. Law Offices of Bruce G. Fagel, No. 88807, 09/15/2026, published.
Facts: Daria Harper sustained a work-related injury in Arizona in 2014. CopperPoint Mutual Insurance Co. provided workers’ compensation coverage for her employer, and it accepted liability for medical treatment.
Harper underwent a pro
The Nevada Court of Appeals ruled that a juvenile probation officer suffered compensable injuries by accident during a use-of-force incident while on duty.
Case: Clark County v. Joiner, No. 90447-COA, 09/16/2026, published.
Facts: Jacqueline Joiner was a juvenile probation officer for Clark County. She was involved in a use-of-force incident with a 230-pound juvenile while on duty in August 2022.
After the incident, Joiner complained of pain in her left foot, right knee and lower back. She also said she had a headache.
Joiner completed a report related to the incident, then lost consc
A New York appellate court upheld a determination that a retail worker suffered compensable injuries after accidentally dropping a box of merchandise on her leg.
Case: Matter of Rosario v. William Carter Co., No. CV-25-0826, 09/17/2026, published.
Facts: Gisell Rosario worked for William Carter Co. as an assistant manager at a retail store in Queens. In December 2023, she accidentally dropped a box of merchandise on her left leg.
Procedural history: A workers’ compensation judge established a claim for injuries to Rosario’s left knee and foot. Upon administrative review, the Wor
SACRAMENTO, CA – The Association of Workers' Compensation Professionals (AWCP), Northern California's premier Workers' Compensation association, announces a call for nominations to fill five positions on the AWCP Board of Directors beginning January 1, 2027. The vacant positions include two Board of Directors, President, Vice President
If you are anything like the average individual, there is something uniquely fascinating about watching professional athletes showcase their extraordinary talent, skills and strengths, as they are the modern-day version of gladiators. But that also presents an interesting question that most people don’t think about: What about when these athletes get injured? What benefits are they entitled to?
Are professional athletes subject to specific rules or regulations within the workers’ compensation system? While they are evaluated under the standard workers’ compensation
The federal Occupational Safety and Health Administration cited a residential construction and carpentry employer in Illinois for what the agency called the continued failure to provide fall protection for workers.
Investigations at two worksites operated by Martin Araujo, doing business as Araujo Construction, reportedly found carpenters and general laborers installing roof rafters and roof sheeting without fall protection.
OSHA cited Araujo Construction with two "willful" violations for not providing fall protection, a "serious" violation for not having safe access to a
The Tennessee Workers' Compensation Educational Conference is accepting speaker proposals for its 2027 event.
The 2027 conference is being held June 9-11 at the Embassy Suites in Murfreesboro.
Conference organizers are looking for speakers on topics that include:
Technology and innovation in workers' compensation.
Litigation and dispute resolution.
Risk management and prevention.
Medical management and return to work.
Claims management and best practices.
Mental health and workers' compensation.
Ethics and professionalism.
Workers' compensation law and regulat
EverPeak Insurance announced that it launched its direct-to-customer workers' compensation insurance offering in Georgia, the company's first state expansion for its digital-first platform.
The expansion targets a broad spectrum of the state's commercial landscape, ranging from low-risk professional offices and tech firms to high-risk skilled trades, medical practices, retail shops and personal wellness businesses, EverPeak said.
The carrier said its direct-to-customer model guarantees that policyholders will receive contact from a claims representative within 24 hours of fi
The Colorado Court of Appeals in a case of first impression held that a workers' compensation claim can be reopened for a change in condition only if there was an admission or determination that the injury was compensable before it was closed.
Because there was no determination on the compensability of Lusia Murillo's claim before it was closed for failure to prosecute, the court said it affirmed the Industrial Claim Appeals Office decision that it was not eligible to be reopened.
Murillo claimed she injured her lower back working as a housekeeper for the Ritz-Carlton, Bachelor Gulch
SAN DIEGO, Calif. (September 11, 2026) On the 25th anniversary of September 11, Health & Safety Leadership Alliance and Institutes of Health (IOH) today issued five recommendations designed to reduce delays between a first responder's request for help and the start of coordinated treatment.
First responders are trained to take control of emergencies and keep functioning under pressure so they can protect others. Asking
The Washington Court of Appeals rejected a worker’s challenge to a trial judge’s dismissal of his claim for alleged injuries to his hands while working at a shipyard.
Case: West v. Fishermen’s Finest Holdings LLC, No. 88505-7-I, 09/08/2026, unpublished.
Facts: Fishermen’s Finest Holdings LLC manages fishing vessels, including the American No. 1. During fishing seasons, the American No. 1 makes various fishing trips to Alaska.
American No. 1 crewmembers are contracted by FFH on a single-trip basis. In between fishing seasons, FFH employs laborers to perform maintenanc
The Workers’ Compensation Insurance Rating Bureau of California is holding a virtual meeting Wednesday at 9:30 a.m.
Committee members are slated to review proposed revisions to the WCIRB's Premium Audit Accuracy Program.
The committee will also receive an update on current and pending legislative, regulatory and judicial developments and hear status reports on the Sept. 1 regulatory and pure premium rate filings.
A link to register for the meeting webinar is provided on the agenda, available here.
Regional workers' compensation services provider Summit announced that it is expanding its operations into Maryland and Washington, D.C.
Summit announced Thursday that its carriers, Bridgefield Casualty Insurance Co. Bridgefield Employers Insurance Co. and Bridgefield Indemnity Insurance Co. received regulatory approval to begin offering workers’ compensation coverage in both jurisdictions.
Summit also provides workers’ compensation coverage and related services to businesses in Alabama, Arkansas, Delaware, Florida, Georgia, Indiana, Illinois, Kentucky, Louisiana, Mississippi
A New York appellate court ruled that a worker’s malpractice claim against his former counsel in a workers’ compensation action was properly dismissed, and that his claim against the firm he consulted for a personal injury action should have been dismissed as well.
Case: Pires v. Daniella Levi & Associates PC, No. 2024-11101, 09/16/2026, published.
Facts: Manuel Pires allegedly suffered injuries while working on a construction project for the City of New York.
Pires hired the law firm of Ugalde & Rzonca LLP to represent him in pursuing workers' compensation ben
The California Workers' Compensation Institute reported that the pandemic temporarily disrupted loss cost trends but did not curtail the persistent growth in medical and indemnity claim costs.
The pandemic temporarily moderated initial loss costs, CWCI reported. Average total paid losses measured 6 months and 12 months after injury rose steadily through accident year 2020 before leveling off in 2021 when more than 82,000 COVID-19 claims entered the system. The influx of relatively low-cost COVID claims had a brief moderating effect on paid losses, especially during the first year of devel
A divided panel of the District of Columbia’s high court ruled that a worker’s claim for additional benefits was properly dismissed as untimely.
Case: Crutchfield v. DOES, Nos. 24-AA-1000 & 24-AA-1046, 09/10/2026, published.
Facts: Teresa Crutchfield worked for the Carolyn Boone Lewis Health Center as a certified nursing assistant. In March 2011, she injured her back while lifting a patient. Carolyn Boone filed a report of injury six days later.
Crutchfield filed a claim for workers’ compensation benefits with the Department of Employment Services Office of Workers&rsq
The Kentucky Court of Appeals ruled that a distillery was not entitled to up-the-ladder immunity from liability for injuries sustained by a fuel delivery driver while making a delivery.
Case: Norman v. Jim Beam Brands Co., No. 2024-CA-0332-MR, 09/11/2026, unpublished.
Facts: Rickey Norman worked for Premier AG, delivering diesel fuel and gasoline to its customers.
Norman suffered injuries in a fall from a ladder while making a delivery to a distillery owned by Jim Beam Brands Co.
He filed a workers’ compensation claim against Premier, and a premises liability claim against Beam.
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