DE - Supreme Court Revives Comp Carrier's Subrogation Claim Against Worker's UIM Recovery
11/11/2025 | 0
The Delaware Supreme Court revived a subrogation claim by a workers’ compensation carrier against the payments an injured worker received from her employer’s underinsured motorist carrier.
Edna Manz worked for Apis Services Inc. She suffered injuries in a motor vehicle accident and filed a workers’ compensation claim.
At the time of the accident, Apis used ProAssurance Group as its workers’ compensation carrier.
ProAssurance paid Manz $374,070.72 for medical expenses and lost wages, as well as a lump-sum settlement of $80,000 for all future workers’ compensatio...
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The Commonwealth Court of Pennsylvania ruled that collateral estoppel barred an injured police officer from challenging her employer’s subrogation of her third-party settlement.
Case: Tiano v. City of Philadelphia (WCAB), No. 664 C.D. 2023, 11/03/2025, unpublished.
Facts and procedural history: Barbara Tiano worked as a police officer for the City of Philadelphia. She suffered injuries after she fell into a utility hole while at work in October 2016, and the city paid Heart and Lung Act benefits in lieu of workers’ compensation.
The HLA provides for the payment of full-sala...
A New York appellate court overturned a grant of summary judgment for a Labor Law defendant on a worker’s claim for a fall from a ladder.
Case: Restrepo v. Bushwick Realty Holdings LLC, No. 2022-06582, 10/29/2025, published.
Facts: William Restrepo worked for Capital Concrete NY Inc. He allegedly suffered injuries in a fall from an A-frame ladder while working on a construction project at a property owned by Bushwick Realty Holdings LLC.
Procedural history: Restrepo filed suit against Bushwick, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes abso...
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim for occupational pneumoconiosis.
Case: Hypes v. Quanta Services, No. 25-ICA-159, 10/24/2025, published.
Facts: Steve Hypes filed a workers’ compensation claim in April 2022, alleging that he had 25 years of occupational exposure to the hazards of occupational pneumoconiosis.
Hypes testified that he worked for Quanta Services as a truck driver off and on from 2018 through 2024, and that much of his driving took place on concrete and dirt roads.
Hypes said he was exposed to dust while w...
On Nov. 7, 2025, the Alabama Court of Civil Appeals, in Carter-Shepherd v. Royal Furniture Co. and State of Alabama, affirmed a Jefferson County Circuit Court’s decision rejecting constitutional challenges to two provisions of the Alabama Workers’ Compensation Act:
The 15% cap on claimant attorney fees (§ 25-5-90).
The nonseverability clause (§ 25-5-17).
Tracia Carter-Shepherd settled her workers’ compensation case for $50,000. After the settlement was approved, she moved for the court to declare the statutory 15% attorney fee cap uncons...
The Connecticut Division of Criminal Justice announced that a 72-year-old security guard was arrested for allegedly stealing about $1,000 in benefits by faking an injury.
The Division of Criminal Justice said David Stevenson claimed he was injured in June while working as a security officer for Securitas Inc. at the Boehringer Ingelheim research and development building in Ridgefield.
"The defendant claimed he was injured when he either slipped on a wet floor or tripped on uneven flooring," the division said. "A video recording contradicts his claim and depicts Stevenson...
Wisconsin lawmakers are scheduled to hear testimony today on an agreed-upon workers' compensation bill that includes a provision to increase benefits.
The Senate Committee on Government Operations, Labor and Economic Development will meet in executive session at 11 a.m. to vote on the bill, which is currently designated LRB-5036.
Meanwhile, the Assembly Committee on Workforce Development, Labor and Integrated Employment will meet in executive session at 10 a.m. Thursday to introduce an Assembly version of the bill, currently designated as LRB-4187.
After the executive session...
The Texas State Office of Risk Management announced that Sara Hays was appointed executive director.
Hays most recently was deputy director of operations with the Office of Injured Employee Counsel, a state agency providing injured workers with help on their claims. Before that, she was a chief of staff for two state representatives and budget and policy adviser for Gov. Greg Abbott.
The Office of Risk Management administers the work comp program for state employees.
Hays said in a statement that she hopes to bolster risk analysis, claims management and loss prevention strategies when s...
The Missouri Court of Appeals upheld a jury verdict that found an employer retaliated against an injured worker, and it upheld sanctions on the company for attempting to fraudulently obtain a new trial.
Kathleen Hicks began working for CMC Steel Fabricators in January 2017. She was one of the first five employees hired for a new plant in Polo, Missouri.
From the time Hicks started the job at CMC, one of the objectives of management was “no recordables and no lost time.” Hicks testified that her interpretation of that objective was, “[Y]ou don’t wan...
The Washington Supreme Court ruled that the traveling employee doctrine applies when a worker contracts an occupational disease while traveling for the job.
Case: Azorit-Wortham v. Department of Labor and Industries, No. 103488-1, 11/06/2025, published.
Facts: Lisa Azorit-Wortham worked for Alaska Airlines Inc. as a flight attendant, based in Seattle.
In March 2020, she worked eight flights, including trips to Seattle; Boston; Washington, D.C.; and Nashville, Tennessee. Each flight had more than 250 people on board, including passengers and crew.
On March 27, 2020, Azor...
The Commonwealth Court of Pennsylvania ruled that the doctrine of res judicata barred a police officer from pursuing a claim for his COVID-19 infection.
Case: Zeller v. City of Philadelphia (WCAB), No. 1482 C.D. 2024, 11/03/2025, unpublished.
Facts: William Zeller worked as a police officer for the City of Philadelphia. He tested positive for COVID-19 in March 2021.
The city designated Zeller’s first 10 months off work as “E Time” in its payroll system, and he received full pay without depleting his sick or vacation time.
In January 2022, the city notified Zeller tha...
A New York appellate court overturned a grant of summary judgment for the defendants in a Labor Law action.
Case: Oliveira v. Rockaway Village Housing Development Fund Corp., No. 2022-02261, 10/29/2025, published.
Facts: Dalison De Queiroga Oliveira worked for RC Structures. He allegedly suffered injuries while working on a construction site at a property owned by the Rockaway Village Housing Development Fund Corp. when he tripped over a shovel.
Lettire Construction Corp. was the general contractor for the project.
Procedural history: Oliveira filed suit against Rockaway and Lettire, asser...
West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s knee injury from being kicked by an inmate.
Case: Monongalia County Commission v. Clemons, No. 25-ICA-176, 10/24/2025, published.
Facts: Skyler Clemons worked for the Monongalia County Commission as a process/transport officer. She went to see Dr. Mark Rogers in August 2023 with complaints of left knee pain. Clemons reported that the onset of pain was two weeks earlier, when she was kicked multiple times in the knee while trying to shackle an inmate.
Rogers assessed Clemons with a spr...
West Virginia’s Intermediate Court of Appeals upheld the denial of authorization for a worker’s referral to a shoulder specialist, a magnetic resonance imaging scan and a subacromial injection.
Case: Juszczak v. Rob Juszczak Construction, No. 25-ICA-106, 10/24/2025, published.
Facts: John Juszczak worked for Rob Juszczak Construction. He suffered injuries at work in January 2020 when an excavator swung and hit him.
In April 2020, Juszczak underwent an electromyography, revealing severe right carpal tunnel syndrome and moderate left carpal tunnel syndrome. There was evidence...
The Texas Department of Insurance has issued a data call to all insurance companies licensed to write certain property and casualty lines of coverage the state.
The data call focuses on annual experience and workers' compensation deductible plans for the period of Jan. 1, 2025, to Dec. 31, 2025.
Insurance Codes §§ 2251.003, 2251.008 and 38.001 govern data calls. The information will be used for a report that TDI must send annually to the governor, lieutenant governor, speaker of the House of Representatives, the Legislature and ...
New Mexico's Workers' Compensation Administration announced that new electronic data interchange rules took effect Friday.
Stakeholders in the state's comp system are advised to review the Part 2 EDI rule and the director’s EDI order, confirm that their electronics systems and processes meet Release 3.1 requirements, and share the update with their claims, IT and provider relations teams.
Changes include:
EDI upgrade — Part 2 revised to support IAIABC EDI Claims Release 3.1.
Director’s order (EDI) — tec...