TX - Injured Worker Fails to Raise Genuine Issue of Material Fact
06/01/2026 | 0
An injured worker failed to raise a genuine issue of material fact that three disputed medical conditions were part of her compensable injury, a Texas appeals court ruled.
Stephanie Lovings argued that the Travis County District Court erred when it granted summary judgment in favor of American Zurich Insurance Co. by not considering her evidence, not construing the evidence in her favor and upholding the Division of Workers' Compensation determination that only five of eight claimed conditions were covered.
"The only expert opinion in the record is a report from a doctor designated
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West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand the scope of her claim.
Case: Childers v. Mercer County Board of Education, No. 25-ICA-403, 05/02/2026, published.
Facts: Theresa Childers worked for the Mercer County Board of Education as a bus driver.
She saw nurse practitioner Amy Proffitt in December 2015 with complaints of back pain.
In May 2018, Childers saw nurse practitioner Jenine Ward for back pain. Ward’s assessment was lumbar radiculopathy.
Childers underwent back X-rays in October 2022, which revealed moderate di
A Louisiana appellate court ruled that a worker was entitled to additional temporary total disability benefits, fees and penalties, but not supplemental earnings benefits.
Case: Patt v. Amerigas Inc., No. 25-633, 04/29/2026, published.
Facts and procedural history: Ray Patt worked for Amerigas Inc. He suffered injuries in a motor vehicle accident in July 2021.
Amerigas deemed the accident compensable and began paying Patt workers’ compensation benefits.
Patt underwent back surgery in March 2022. In December 2022, Amerigas discontinued his benefits.
Parr filed a disputed claim for co
A New York appellate court upheld the denial of a transit worker’s claim of psychological injury from a confrontation with an emotionally disturbed person who threatened to kill her.
Case: Matter of Shakil v. New York City Transit Authority, No. CV-24-0785, 05/07/2026, published.
Facts: Mehwish Shakil worked for the New York City Transit Authority, a self-insured employer.
In January 2021, an emotionally disturbed person began banging on the window of her enclosed booth while screaming and threatening to kill her.
Shakil took a three-month unpaid leave from work under the Family and
The Law Offices of Bradford and Barthel has confirmed that the Employment Development Department’s Disability Insurance representatives will no longer have their own offices at the Workers’ Compensation Appeals Board.
The change will take place at the end of June, meaning that as of July, you may not find EDD representatives in their usual spots at your local WCAB.
I decided to investigate after numerous judges and EDD representatives informally warned my colleagues and me about EDD’s impending departure. Rumors abounded that the change was prompted by EDD not want
A New York appellate court revived parts of a worker’s Labor Law claim for his injuries from being struck by a falling object.
Case: Rolle v. JCDecaux Street Furniture New York LLC, No. 508333/17, 05/06/2026, published.
Facts: Lamont Rolle allegedly suffered injuries while he was power-washing a bus shelter when an interior panel of the structure fell and hit his head.
Rolle was an employee of Dynaserv Industries Inc., which had contracted with CEMUSA NY LLC to clean bus shelters owned by CEMUSA.
In 2015, JCDecaux Street Furniture New York LLC purchased CEMUSA and took over
Connecticut lawmakers on Friday sent the governor a bill that would create a task force to study causes of undue delays in workers' compensation claims made by police officers and firefighters.
HB 5385 would charge the eight-member task force with examining delays resulting from administrative processes, a lack of medical providers or insurer authorization requirements.
The task force would be required to submit its final report to lawmakers by Jan. 1, 2027.
The state House of Representatives and the Senate both unanimously passed the bill. The House voted 147-0 to pass it May 4, and th
The Louisiana Association of Self Insured Employers will review workers' compensation legislation enacted during the 2026 session at a July 8 forum in Baton Rouge.
The event will include a review of regulatory changes, as well as a discussion of legislation passed during the lawmaking session, which is scheduled to adjourn today.
It will also provide real-world insights, expert analysis and forward-looking discussions led by industry veterans that explore how the state compares nationally on critical metrics.
The 2026 Open Forum & Legislative Recap is from 7:30 a.m.-5 p.m. July
Average medical prices in Florida moved toward the middle of interstate rankings following fee schedule changes approved in 2024, according to a study that the Workers Compensation Research Institute released Thursday.
Florida’s experience also underscored one of the report’s broader conclusions: Fee schedules play a central role in determining both the level and growth of workers’ compensation medical prices.
After Florida lawmakers sharply increased reimbursement caps tied to Medicare in 2024, the state moved from having the lowest professional medical prices in the study
The Oregon Court of Appeals overturned a decision by the Workers’ Compensation Board that eliminated a worker’s impairment award.
Case: Dean v. Multnomah County, No. 333, 04/29/2026, published.
Facts: Isa Dean underwent a magnetic resonance imaging scan in 2006 that showed degenerative changes in her lumbar spine.
In 2009, Dean began working for Multnomah County. After a few years, she sought chiropractic treatment for low-back pain, which her providers associated with ergonomic conditions at her workstation.
In 2017, Dean began a different role at work that required her t
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim for a back injury because her earlier complaints from preexisting conditions were “virtually the same” as her symptoms following the alleged injury.
Case: Lee v. Little General Stores Inc., No. 25-ICA-309, 05/01/2026, published.
Facts: Freda Lee worked for Little General Stores Inc. She filed a workers’ compensation claim, asserting that she had injured her back while lifting beverages at work in May 2024.
Dr. Andrew D. Bryant signed the physician’s portion of the for
A New York appellate court reinstated parts of a worker’s Labor Law claim for his alleged injuries from a fall while hauling debris from a construction site.
Case: Chavez v. 127 Eckford Bay LLC, No. 2024-01156, 05/06/2026, published.
Facts: Jorge Parrales Chavez allegedly suffered injuries while working on a renovation project at a building owned by 127 Eckford Bay LLC. DPC New York Inc. was the general contractor.
Chavez was a demolition laborer for CPJR Improvement Corp. He claimed that he was assigned to cart demolition debris from the second floor to the first floor.
According to
A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim for his alleged injuries from a fall from a ladder.
Case: Zhivov v. Kings Bay Housing Co. Inc., No. 2024-03258, 05/06/2026, published.
Facts: Artur Zhivov allegedly suffered injuries while doing demolition work in an apartment in a building owned by Kings Bay Housing Co. Inc.
Kings Bay Section One Land LLC owns the property upon which the building sits and leases the land to KB Housing.
According to Zhivov, he fell from an unsecured A-frame ladder due to an uneven floor.
Procedu
Pinnacol Assurance, together with a handful of Colorado business and labor groups, on Thursday announced the framework for a modernization project that they plan to pursue through the Legislature rather than the ballot initiative process.
Pinnacol would remain a quasi-state agency, continue to serve as Colorado's insurer of last resort, and its staff would remain in the Public Employees' Retirement Association, under the terms of the agreement.
Pinnacol would also retain its member-owned structure.
However, the deal calls for the carrier to be given a modern structure along
The California Senate passed a bill that would require staffing companies to provide proof of workers' compensation coverage as part of a new, mandatory registration process.
The Senate voted 29-9 to pass SB 1032, by Sen. Eloise Reyes, D-San Bernardino, which would require staffing firms to register with the labor commissioner before conducting business in California, and annually thereafter.
Companies would have to disclose business affiliations, their financial status and all open litigation, liens, fines or unpaid taxes, as well as any current or past Labor Code violations as part of
The International Association of Industrial Accident Boards and Commissions announced the recipients of its NextGen Award, which recognizes people under 40 who are having a substantial and positive impact on their organizations and leading the workers' compensation industry into the future.
The seven recipients of the 2026 IAIABC NextGen Award are:
Caitlin Breitbach, small business ombudsman for workers' compensation, Oregon Department of Consumer and Business Services.
Ashley Butcher, team business leader, SFM Mutual Insurance Co.
Cole Garrett, deputy general counsel, Illino
