WV - Worker Fails to Establish New Injury From Taser Incident
11/12/2026 | 0
West Virginia’s Intermediate Court of Appeals ruled that a worker failed to establish that he suffered a discrete new injury as a result of a training incident in which he was subjected to being shocked with a Taser.
Raun Bowers worked for West Virginia United Health System Inc. In May 2025, he told his supervisor he was injured during a Taser training incident.
According to the supervisor’s report, Bowers was observing a Taser training class. Bowers was instructed to lie on his stomach in preparation for being shocked. After Bowers positioned himself and indicated he was ready,
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An Ohio appellate court upheld a grant of summary judgment dismissing a truck driver’s claim for glaucoma.
Case: Ridgeway v. BWC, No. 116666, 10/29/2026, published.
Facts: Howard Ridgeway filed a workers’ compensation claim based on his glaucoma diagnosis, which he contended was caused by his exposure to headlights and nighttime driving as a truck driver for Spooner Risk Control Services Inc.
Spooner disputed that Ridgeway’s glaucoma diagnosis was work-related.
Procedural history: The Bureau of Workers’ Compensation denied Ridgeway’s claim, and he filed a
The Pennsylvania Superior Court revived a worker’s civil suit for her alleged injuries from a motor vehicle accident, finding that the doctrine of collateral estoppel did not bar her action.
Case: Rehrig v. Hay, No. 1865 EDA 2025, 10/29/2026, unpublished.
Facts: Karon Rehrig was involved in a motor vehicle accident in October 2021.
At the time, Rehrig was working as a licensed practical nurse. She filed a workers’ compensation claim against her employer, asserting injuries to her right wrist, left shoulder, neck, back and head.
A workers’ compensation judge found tha
A Delaware Superior Court judge denied a motion to dismiss a worker’s appeal from an Industrial Accident Board decision as untimely because the worker never received the decision.
Case: Haupt v. State of Delaware, No. S26A-09-001CAK, 10/27/2026, unpublished.
Facts and procedural history: Bryon Haupt worked for the State of Delaware. He filed a petition to determine additional compensation due relating to the compensability of a single medical expense that had already been paid by the state, without prejudice.
The Industrial Accident Board issued a decision in June 2026,
New York’s workers’ compensation system generally protects employers from lawsuits brought by injured employees. Under Workers’ Compensation Law §11, workers’ compensation benefits are typically an injured employee’s exclusive remedy against an employer.
The law also limits third-party claims against employers for contribution or indemnification, subject to two important exceptions. The first involves grave injury. When a worker suffers an injury that meets the statute’s specific definition, a third party may pursue contribution or indemnification
Florida authorities arrested a construction company owner for allegedly underreporting his payroll to fraudulently lower his workers' compensation premiums.
The state's Department of Financial Services announced on Tuesday the arrest of Israel Carballo, who is charged with grand theft, carrying out an organized scheme to defraud and workers' compensation fraud.
Carballo allegedly hid $968,278.71 in payroll by using money services to cash checks totaling more than $1 million, DFS said.
As a result, Carballo dodged $100,565.57 in insurance premiums, the state sa
The California Workers' Compensation Institute reported that independent medical reviews were down in the first nine months of 2026.
CWCI said its review of 1.8 million IMR decision letters since 2015 found that 110,965 letters were issued in the first three quarters of 2026, down 3.1% from the same period last year. Although the dip is the first reduction since IMR volume began rebounding from a historic low in 2022, CWCI noted that the figure is higher than comparable nine-month totals for 2020 through 2024.
The overall uphold rate for utilization review denials and modifications incre
The Workers' Compensation Insurance Rating Bureau is holding a webinar Dec. 9 to discuss findings from its latest study into regional differences in claim patterns and costs throughout California.
The forthcoming report will be the 12th edition of the annual project the WCIRB launched in 2015 to quantify the extent to which claims develop differently in different parts of the state despite operating under the same rules and laws.
The WCIRB said it is adding maps to the 2026 report showing regional claim patterns evaluated 126 months after policy inception, providing a longer-term view of
California's proposed rules for attorney deposition fees have managed to draw objections from both sides of the workers' compensation system, with employers saying the proposed payments are too generous and vulnerable to abuse, and applicants' attorneys saying they are too meager and that the lack of any enforcement mechanism means they're too easily withheld.
Comments submitted in response to the Division of Workers' Compensation's proposed regulations also raise questions about what services should qualify for payment, how attorneys must document their work and wheth
The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for carpal tunnel and cubital tunnel syndrome.
Case: Gough v. UGI Utilities Inc., No. 1047 C.D. 2025, 10/27/2026, unpublished.
Facts: Glenn Gough worked for UGI Utilities Inc. for 26 years. His position allegedly required using vibratory tools, such as jackhammers and rock drills.
In January 2019, Gough began experiencing pain and numbness in his hands, particularly whenever he used a jackhammer or rock drill. He was diagnosed with carpal tunnel and cubital tunnel syndrome.
Gough underwent surgery on hi
A New York appellate court ruled that the Workers’ Compensation Board did not arbitrarily deny a worker’s application for reconsideration and/or full board review.
Case: Matter of Raissi v. Entertainment Partners, No. CV-25-0377, 11/05/2026, published.
Facts and procedural history: In 2007, Amir Raissi filed a claim for workers’ compensation benefits against Entertainment Partners, asserting that he had suffered injuries while working as a dancer/actor.
The claim was established for a right ankle injury and ultimately resulted in a 20% schedule loss of use award.
In March
The West Virginia Supreme Court upheld the dismissal of a worker’s appeal of her rejected claim because she failed to perfect it before the statutory deadline.
Case: Gonzalez v. West Virginia Department of Health & Human Resources, No. 26-97, 11/04/2026, published.
Facts and procedural history: Rebecca Gonzalez worked for the West Virginia Department of Health & Human Resources. She filed a workers’ compensation claim for an alleged injury.
The Workers’ Compensation Board of Review affirmed the rejection of Gonzalez’s claim in September 2025.
The Georgia Court of Appeals ruled that a trial judge applied the wrong standard of review in reversing a decision by the State Board of Workers’ Compensation Appellate Division.
Case: Discount Fiberglass Pools Inc. v. Smith, No. A26A1299, 10/27/2026, published.
Facts: Chuck Smith Jr. worked for Discount Fiberglass Pools. In September 2023, Smith was pushed to the ground during a physical altercation with the business owner’s son.
Smith allegedly sustained injuries to his upper buttocks/back area as a result of this fall.
He received medical treatment for his injury and continu
Gov. Andy Beshear issued several reappointments to oversee the administration of workers' compensation law in Kentucky.
Beshear reappointed Michael Alvey, of Owensboro, as chair of the Kentucky Workers’ Compensation Board, which reviews appeals involving workers’ compensation claims and decisions.
Alvey, an attorney, earned his bachelor’s degree from Western Kentucky University and his J.D. from the University of Kentucky College of Law. He has been a member of the Kentucky Bar since 1988 and has defended against workers’ compensation
A divided Texas appellate court ruled that a worker established a negligence claim against her nonsubscribing employer, though the jury’s award of future medical expenses was excessive.
Nicole Tarpley worked for Red Bluff LLC at a nursing and rehabilitation facility. She allegedly suffered injuries while attempting to move a morbidly obese patient from a bed to a wheelchair.
After conservative treatment, Tarpley underwent a discectomy and fusion surgery at two levels in her neck.
Tarpley filed suit against Red Bluff, a workers’ compensation nonsubscriber. She asserted claims for
A New York appellate court partially overturned a grant of summary judgment for a worker on his Labor Law claims.
Case: Ramos v. Lendlease (US) Construction LMB Inc., No. 802098/22, 10/29/2026, published.
Facts: Noland Ramos Jr. allegedly suffered injuries when he slipped and fell on a staircase at a construction site.
Procedural history: Ramos filed suit against Lendlease (US) Construction LMB Inc., asserting claims for violations of Labor Law Sections 240(1) and 241(6).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to
