IA - High Court Nixes Negligence Claim for Lack of Actual Knowledge
02/10/2026 | 0
The Iowa Supreme Court reversed a $2.84 million jury verdict in a gross negligence case, finding that although supervisors knew the general hazards of surface mining, there was no evidence they had actual knowledge of the specific peril that led to Michael L. Griffith's death.
Griffith, 30, died on the job after falling through a catwalk gate at the Wendling Quarries mine Jan. 8, 2020.
A jury, the district court and the court of appeals relied on a cursory safety inspection and failure to check the gate as proof of gross negligence, but the high court said constructive knowledge &m...
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The Illinois Appellate Court upheld the denial of benefits to a worker injured while traversing a makeshift path to the employee parking lot instead of using the paved sidewalk provided by his employer.
Case: Rodriguez v. IWCC (Ford Motor Co.), No. 24L50120, 01/16/2026, unpublished.
Facts: Daniel Rodriguez worked for the Ford Motor Co. at its plant in Chicago. The plant had a parking lot for employees, and a concrete sidewalk, built and maintained by Ford, extended from the parking lot to a pedestrian bridge. This sidewalk was the dedicated walkway between the parking lot and the plant.
The...
A divided Minnesota Court of Appeals upheld an award of line of duty death benefits to the widow of a deputy sheriff who died from a heart condition.
Case: In the Matter of the Denial of Line of Duty Death Benefits for Dallas Edeburn, No. A25-0661, 01/20/2026, unpublished.
Facts: Dallas Edeburn worked as a Ramsey County deputy sheriff. In March 2021, Edeburn was involved in a high-speed motor vehicle collision while on duty.
Edeburn returned to work in December 2021 and was placed on light duty while he continued to recover from his posttraumatic stress disorder and physical injuries.
Edeb...
The Mississippi Court of Appeals upheld the denial of a worker’s motion to reopen her claim, filed more than a year after her claim was denied due to her failure to appear at a scheduled hearing before an administrative judge.
Case: Wilson v. P.L. Marketing Inc., No. 2025-WC-00158-COA, 01/15/2026, published.
Facts and procedural history: Florine Wilson worked for P.L. Marketing Inc. She allegedly injured her back lifting a crate of canned food.
After P.L. denied that it was required to provide workers’ compensation coverage for Wilson, she filed a petition to controvert with the...
I recently had the chance to speak to a group of workers' compensation professionals from around the nation. They are each involved with self-insurance, a term that has evolved over the years that I have been involved in this community.
Some are surprised when they are reminded that the vast majority of obligations in the workers' compensation law are the employer's. There is a habitual reference in this community to the "employer/carrier," and certainly, there are contractual obligations between employers and carriers. By this contracting, the employer...
The Arizona Court of Appeals upheld the dismissal of a worker’s request for a hearing on the denial of her untimely claim for long COVID.
Case: Diaz v. Industrial Commission, No. 2 CA-IC 2025-0004, 01/20/2026, unpublished.
Facts: Tamera Diaz worked as a drywall installer. In June 2022, she was part of a crew remodeling a nursing home.
One morning, Diaz woke up feeling ill. She took an at-home COVID-19 test, which came back positive. Diaz then went to the hospital, which confirmed she had COVID-19.
Diaz never returned to work, and in the months that followed, Diaz allegedly cont...
The Commission on Health and Safety and Workers' Compensation will discuss the final report on paying benefits with prepaid cards during a Feb. 18 meeting.
A draft report released for public comment in December said State Compensation Insurance Fund is the only carrier using prepaid cards under the definition of the pilot program lawmakers created in 2018.
The pilot is scheduled to terminate Jan. 1, 2027, but AB 1683 by the Assembly Insurance Committee would extend it indefinitely.
Commission members will also hear a report on the Subsequent Injuries Benefits Trust Fund, although ...
The Oklahoma Supreme Court ruled that the Administrative Workers' Compensation Act does not bar a worker from receiving more than one change of treating physician per claim.
Monica Moreno Goodwin suffered injuries while working for Saint Anthony South Behavioral Health in March 2017. She filed a workers’ compensation claim.
Saint Anthony admitted liability for injuries to Goodwin’s neck and shoulder. Saint Anthony authorized treatment with Dr. Zakary Knutson.
Goodwin amended her claim to add a consequential injury to her right arm. Saint Anthony contested the consequential i...
The Illinois Appellate Court upheld an award of benefits to a nurse for her back injury.
Case: HCR Manor Care v. IWCC, No. 23-L-50667, 01/16/2026, unpublished.
Facts: Dyhema Ralston worked for Heartland Hospice as a registered nurse. She injured her back while at work in June 2016.
Ralston saw Dr. David Warman two days later. Warman took Ralston off work.
In October 2016, Heartland sent Ralston to be examined by Dr. Julie Wehner—the same day she saw Warman. Warman opined Ralston could return to light-duty work.
Ralston informed Heartland of her restrictions, and Heartland responded ...
Sacramento, CA [December 10, 2025] Today, POWER proudly announced its official launch as a laser-focused non-profit organized to take direct action against fraud and criminal activity in California's temporary staffing industry.
"One of the biggest crimes taking place in California's workforce is hiding in plain sight. The temporary staffing industry has become a largely unregulated playground for cri...
A New York appellate court ruled that an employer, which was also the owner of a barge being used at a job site, was entitled to summary judgment dismissing an employee’s Longshore and Harbor Worker's Compensation Act claims against it.
Case: Cannon v. H&L Contracting LLC, No. 2021-07187, 01/21/2026, published.
Facts: James Cannon worked for H&L Contracting LLC. In January 2018, he was part of a project to repair the fender system of the Whitestone Bridge. Cannon operated an excavator that was located on a barge owned by H&L.
The barge was moved around the Flushing Riv...
The Kentucky Court of Appeals ruled that a worker’s challenge to the dismissal of his employer as an intervenor in his tort action was rendered moot by the dismissal of the tort action.
Case: Harper v. Premier Ink Systems Inc., No. 2024-CA-1475-MR, 01/16/2026, unpublished.
Facts: Christopher Harper worked for Premier Ink Systems Inc. He suffered injuries when he was struck by a forklift driven by Michael Hughes, an employee of Amscan Inc.
Procedural history: Harper filed tort claims against Amscan and Hughes in Jefferson Circuit Court. He also filed a workers’ compensation claim...
CA - CWCI: Small Volume, Big Cost Impact from Psychotherapeutic, Neurological Drugs
Psychotherapeutic and neurological drugs make up less than one-third of one percent of all prescriptions dispensed to injured workers in California, yet they are now among the 10 most expensive drug groups in the state’s workers compensation system, according to a study released Thursday by the California Workers’ Compensation Institute.
Analyzing prescription data from 2015 through 2024, CWCI found that these drugs consistently accounted for just 0.2% to 0.3% of all workers' compensation prescriptions. However, their share of total pharmacy spending increased nearly fivefold ...
California Gov. Gavin Newsom is proposing reforms to the Subsequent Injuries Benefits Trust Fund that would make it harder for injured workers to qualify for benefits.
The governor's proposal is included in a budget trailer bill posted to the Department of Finance website on Monday.
Jason Marcus, legislative chairman for the California Applicants' Attorneys Association, said the governor's proposal represents a significant policy change that should be vetted through the normal legislative process and not part of budget negotiations.
"We don't believe such a major re...
A California appellate court found that an injured worker’s employer was entitled to relief from a default judgment entered against it, and that its individual owners were not subject to civil liability to the worker.
Case: Pena v. Inter Stone Tools Inc., No. B333308, 02/03/2026, unpublished.
Facts: Hector Javier Pena worked for Inter Stone Tools Inc. His job duties included working with acetone. One day, while he was working, the acetone ignited, causing him to suffer burn injuries.
Procedural history: After Pena determined that Inter Stone did not have workers’ comp...
A California appellate court ruled that workers’ compensation exclusivity barred a county employee’s civil claims based on his injuries from using an allegedly modified piece of equipment to do his job.
Case: Razo v. County of Orange, No. G064631, 01/03/2026, unpublished.
Facts: Alejandro Razo worked for Orange County Public Works, and his job involved cleaning debris from various locations.
One day, his supervisor instructed him to use a “vactor truck” that had an attached hose fitted with an allegedly modified nozzle for spraying highly-pressurized water. Razo...
