CA - Commenters Urge DWC to Ban Outsourced Training, Tighten Voucher Rules
11/17/2025 | 0
Schools and institutions helping retrain injured workers for new careers should be prohibited from outsourcing training to unvetted third parties, system observers said in response to rules proposed by the California Division of Workers' Compensation.
Commenters also suggested that the division clarify a proposal to require disclosure of financial interests when submitting bills, revise the rules to acknowledge the role support staff plays in vocational counseling, and eliminate the requirement that carriers send copies of the voucher to the state as well as the injured worker.
The DWC i...
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The Nevada Supreme Court upheld the denial of a correctional officer’s claim for benefits for his COVID-19 infection.
Case: Holguin v. City of Henderson, No. 89345, 11/13/2025, published.
Facts: John Holguin worked as a correctional officer for the City of Henderson for 11 years.
In June 2021, Holguin was hospitalized and diagnosed with COVID-19.
He was treated and released but then hospitalized a second time for additional COVID-19 treatment, hypoxia, pneumonia and shortness of breath.
Procedural history: Holguin filed a workers’ compensation claim, asserting that his lo...
The Commonwealth Court of Pennsylvania ruled that an insurance carrier’s petitions to modify the description of a worker’s injuries were properly granted and that liability for the worker’s award was properly split between two carriers.
Case: Factory Grinding Service Inc. v. Hanna, No. 1376 C.D. 2024, 11/07/2025, published.
Facts and procedural history: Lane Hanna worked for Factory Grinding Service Inc. as a salesman. He traveled to restaurants in Maryland and Pennsylvania twice a week in a company vehicle.
Hanna suffered injuries in October 2020 in a motor vehicle a...
A New York appellate court ruled that an injured worker’s employer was not entitled to summary judgment dismissing the third-party claims against it.
Case: Cotroneo v. Van Wagner Sign Erectors LLC, No. 162038/15, 11/06/2025, published.
Facts: Cosmo Cotroneo worked as an electrician for Nead Electric Inc. He allegedly suffered a traumatic brain injury and spinal injuries when an 82-pound lid to a gang box struck him on the head.
Procedural history: Cotroneo filed suit against Van Wagner Sign Erectors LLC and Vornado Realty Trust, seeking damages.
Van Wagner and Vornado filed third-par...
As of Oct. 30, 2025, Pennsylvania first responders may file a workers’ compensation claim for post-traumatic stress injuries (PTSIs) that result from certain qualifying events.
Crucially, Act No. 121, Workers’ Compensation Act-Compensation for Post-Traumatic Stress Injury, eliminates the requirement that the trauma be due to an “abnormal working condition.” Trauma from several types of events common to first responders' work now qualify as compensable.
This legislation makes it drastically easier for firs...
The Indiana Court of Appeals said an employer could not take a direct appeal from the denial of its motion to dismiss a worker’s application for adjustment of claim.
Case: Speedway LLC v. Shedd, No. 25A-EX-1386, 11/07/2025, published.
Facts: Kendall Shedd worked for Speedway LLC. While she was outside the Speedway store on a break, a car driven by Jerry Muzzillo struck her and pinned her to a wall.
Shedd suffered serious injuries, resulting in the amputation of her right leg above the knee.
Procedural history: Speedway’s workers’ compensation insurance provider paid Shedd...
A merit selection panel recommended three candidates for Gov. Tim Walz to consider for appointment as the permanent chief administrative law judge at the Court of Administrative Hearings.
Walz in June appointed Tim O'Malley to serve as temporary chief judge until the appointment of a permanent successor to Jenny Star, who had been chief ALJ since 2019.
The three candidates the selection panel recommended are Craig Gustafson, Kirsten Marshall and Jessica Palmer-Denig.
Gustafson is the legal counsel division director for the Minnesota Judicial Branch and advises justices, judges and c...
The value of room and board paid to workers as part of their wages would default to the market rate for calculating benefits under a bill moving through the New Jersey Legislature.
Currently, board or lodging furnished by an employer is valued at $25 per week unless another amount is set at the time of hiring.
S3772, by Sen. Joseph Lagana, D-Paramus, would require that the value of employer-provided housing and meals be the market value unless another rate is established at the time of hire.
If the employer continues to provide room and board to an injured worker during a period of...
The Special Investigative Unit of RJN Investigations, Inc. was recently notified of a felony arrest based upon a documented fraud referral. In this case, the claimant was employed as a caretaker of the California Department of Social Services - I.H.S.S. At the time of the claimant's deposition, he appeared wearing a back support and ambulating with the aid of a cane. Proactively,...
A Florida appellate court ruled that a worker’s forfeiture of benefits for a prior shoulder injury did not bar her from receiving an award after she reinjured her shoulder at work.
Annita C. Williams Jackson worked for the Pinellas County Transit Authority. She injured her shoulder at work in 2021 and then reinjured her shoulder while at work in 2022.
Jackson filed a workers’ compensation claim. The Transit Authority’s insurance carrier denied it.
The carrier asserted that Jackson’s 2021 injury was the major contributing cause of her need for benefits after the ...
The North Carolina Court of Appeals ordered additional proceedings on whether a worker was able to find alternate employment and on his potential wage-earning capabilities.
Case: Hall v. Jones Lang LaSalle Inc., No. COA25-59, 11/05/2025, unpublished.
Facts: Brian Hall worked for Jones Lang LaSalle Inc. as an operating engineer. He suffered injuries to his shoulder while at work in May 2019.
Dr. Kevin Speer opined that Hall reached maximum medical improvement in March 2023. He assigned a 25% impairment rating.
Procedural history: The Industrial Commission found that Hall&rsqu...
A New York appellate court ruled that a trial justice properly denied a motion to vacate a default judgment entered against the defendant in a Labor Law claim.
Case: Canales-Diaz v. City of New York, No. 801359/21, 11/06/2025, published.
Facts and procedural history: Hernan Canales-Diaz filed suit against the City of New York for violations of the Labor Law. He then moved for summary judgment.
The city failed to respond to the motion, and its default was entered.
The city later moved to vacate the default, asserting that it had a reasonable excuse and a meritorious defense.
Bronx County S...
The Alabama Court of Civil Appeals upheld the constitutionality of a statutory cap on attorney fees at 15% of the compensation awarded or paid to an injured worker.
Case: Carter-Shepherd v. Royal Furniture Co., No. CL-2025-0272, 11/07/2025, published.
Facts and procedural history: Tracia Carter-Shepherd worked for Royal Furniture Co. She filed a workers’ compensation claim in January 2022.
In September 2024, Carter-Shepherd and Royal submitted to the trial court a petition to approve a settlement agreement.
The settlement provided that Royal would pay Carter-Shepherd a lump sum of $5...
Massachusetts lawmakers are scheduled to hear testimony on a bill that would explicitly classify those driving for transportation network companies, such as Uber and Lyft, as employees.
Senate Bill 1305, by Sen. Lydia Edwards, D-Suffolk, addresses numerous ride-hailing issues, including liability coverage and when a driver is considered to be "working."
The bill would also declare that app-based delivery workers are presumed to be employees, though it does not specify criteria or processes for companies to rebut the presumption.
In practice, state law already presumes all wo...
Rules adopted by New York state agencies that reference guidelines or recommendations of the U.S. Centers for Disease Control and Prevention would be deemed to instead refer to nationally recognized clinical practices, under a bill introduced in the Assembly.
A9077, by Assemblymember Jenifer Rajkumar, D-Queens, would define "nationally recognized clinical practice" as a methodology or standard of care widely accepted and used by licensed health care professionals throughout the country and is based on peer-reviewed scientific evidence and professional consensus.
The proposed defini...
Home health services account for more than a quarter of medical spending on $1 million workers' compensation claims, despite representing less than 3% of typical cases, the National Council on Compensation Insurance said in a research brief.
On average, home health services accounted for 2% of medical costs across all claims in accident year 2024, while skilled nursing accounted for 0.8%, NCCI said in the brief released Wednesday.
However, when the incurred costs exceed $1 million one year after the injury, the projected home health share of medical costs jumps to 20.1%, while skilled nu...
