MD - Public Employer Can't Offset Disability Pension Against Comp Benefits
03/27/2026 | 0
The Maryland Appellate Court ruled that a public employer was not entitled to offset its payment of service-connected partial disability retirement benefits against the workers’ compensation benefits awarded to a former firefighter.
Joseph Dennie worked as a firefighter for Montgomery County for 28 years. In June 2018, he was granted a service-connected partial disability retirement due to a number of specified conditions. Dennie’s date of disability for purposes of his retirement benefit was March 9, 2016.
In April 2018, Dennie filed a workers’ compensation claim, al...
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A Louisiana appellate court ruled that a worker was entitled to benefits for his injuries from an accident that occurred before he clocked in, but he was not entitled to fees or penalties, as his employer had reasonably contested the claim.
Case: Dunn v. Pallets Associates Inc. No. 2025 CA 1051, 02/27/2026, published.
Facts: John Melvin Leon Dunn worked as a truck driver for Pallets Associates Inc. He suffered injuries on June 12, 2024, while crossing the street to clock in for work.
Dunn worked a shift that began at 6 a.m., but according to him, he always arrived early for work. Workers we...
A New York appellate court ruled that a homeowner was not entitled to summary judgment dismissing a worker’s Labor Law claims against him.
Case: Ballard v. Beard, No. CV-24-1602, 03/05/2026, published.
Facts: Charles Ballard suffered injuries while performing renovation work at a vacation home owned by Richard Beard when he fell into a hole that had been excavated for the installation of a door in the basement.
Procedural history: Ballard filed suit against Beard, asserting claims for negligence and violations of the Labor Law.
Beard answered and filed a third-party action against Ra...
A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claims for his injuries from a fall from a scaffold.
Case: Bustamante v. BSD 370 Lexington LLC, No. 2024-07704, 03/04/2026, published.
Facts: BSD 370 Lexington LLC contracted with Gateway Builders Corp. to perform renovation work at a building it owned on Lexington Avenue in Manhattan.
Melvin Bustamante worked for Gateway. His assigned tasks for the project required the use of a scaffold.
As Bustamante was attempting to move the scaffold while standing on the platform, it&...
An Ohio appellate court dismissed a self-represented worker’s petition for a writ of mandamus due to her failure to comply with procedural rules.
Case: Thompson v. BWC, No. 25AP-561, 03/03/2026, published.
Facts and procedural history: Chesney Nicole Thompson filed a petition for a writ of mandamus, acting as her own attorney.
Thompson alleged that she has an active workers’ compensation claim resulting from a workplace injury in November 2021.
Thompson claimed that the Bureau of Workers’ Compensation and the Industrial Commission violated numerous statutory and adm...
NATL. - Hiring Slowdown, Wage Growth Create Mixed Outlook for Comp
A sharp slowdown in hiring paired with continued wage growth is creating a mixed outlook for the workers' compensation system heading into 2026, according to a first-quarter economic briefing released Thursday by the National Council on Compensation Insurance.
While overall economic growth remained stable in 2025, the report points to a weakened labor market, with job gains totaling just 116,000 for the year — the slowest pace outside a recession since 2003. That slowdown, however, has not translated into a proportional decline in workers' compensation premiums, Boca Raton,...
A man was charged with theft after filing a second workers' compensation claim that allegedly revealed he was collecting benefits while working, the Washington State Department of Labor and Industries announced.
Jon P. Traff pleaded not guilty to a single count of first-degree theft in February.
The department said the 49-year-old Traff started collecting benefits in 2017 after injuring his back, neck and shoulders working as a sales manager for Mission Foods. In July 2024, he filed a second claim for an unspecified injury suffered while working as a sales director for Flowers Baki...
Heat exposure, workplace violence and structural changes to coverage systems are key emerging issues shaping the workers' compensation landscape in 2026, according to a new report by the National Council on Compensation Insurance.
The report, released Tuesday, indicates that while familiar policy debates — including mental injury claims, presumption laws, cancer initiatives and worker classification — remain active, regulators and lawmakers are increasingly focused on newer risks that could carry significant cost implications for employers and insurers.
Among those ...
The Iowa Court of Appeals ruled that a worker’s application for alternate care had to be dismissed, since his employer contested its liability for the condition for which he sought treatment.
In September 2019, John Henry tore the meniscus in his right knee while working for LJ&J Corp.
He underwent arthroscopic surgery to fix the tear, and then in 2022, he settled his workers’ compensation claim against LJ&J.
Under the terms of the agreement, LJ&J accepted liability for the meniscus tear and agreed that Henry was “entitled to medical care for the inju...
An Ohio appellate court upheld the denial of a worker’s request to expand his claim for a back injury to include adjacent segment syndrome.
Case: Harcourt v. Strassel Construction Co., No. C-250145, 02/27/2026, published.
Facts: Jerald Harcourt worked for Strassel Construction Co. He fell from a roof while working in November 2007, fracturing his back.
Harcourt underwent back surgery in January 2008. He also filed a workers’ compensation claim for a closed fracture of his top lumbar vertebrae.
In September 2010, Harcourt underwent a second back surgery. The Bureau of Workers...
A New York appellate court ruled that a worker struck by a falling steel bar should have been granted summary judgment on his Labor Law claim.
Case: Valarezo v. HP Jamsta Housing Development Fund Co. Inc., No. 158491/17, 02/26/2026, published.
Facts: Cristian Valarezo suffered injuries while he and his co-workers were making bases for concrete columns by using a drilling/excavation machine to remove steel bars that had been drilled into the ground.
A fabric sling was tied to the top of the bars, a hook was placed into the sling, and the drilling/excavation machine lifted the bars away....
A New York appellate court ruled that an injured worker’s employer was entitled to summary judgment dismissing a third-party action against it seeking indemnification and contribution.
Case: Hart v. Theatre Three Productions Inc., No. 2024-03331, 03/04/2026, published.
Facts: Robert Hart worked for V.P. Plumbing & Heating LLC. He was sent to do work at a property owned by Theatre Three Productions Inc.
Hart allegedly suffered injuries at the property when a boiler he was carrying with two other employees fell on top of him.
Procedural history: Hart filed suit against Theatre Thre...
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A former Orange County judge who pleaded guilty to paying a suspended provider to write medical-legal reports connected with second injury fund claims while he was still a county prosecutor is prohibited from returning to the bench.
The California Commission on Judicial Performance on Tuesday publicly censured Israel Claustro and barred him from serving as a judge in the future.
In January, Claustro pleaded guilty to one count of felony mail fraud for paying Dr. Kevin T. Do, of Pasadena, to perform exams, review medical records and write medical-legal reports after Do was suspended fr...
Workers' compensation organizations are making progress in speeding injured workers into treatment while expanding the use of artificial intelligence in claims operations, according to a trends report released Wednesday by MedRisk.
AI is moving beyond pilot programs and into broader operational use, driven by increasing claim complexity and the need for earlier, more informed decision-making, according to the report. However, the report notes that many efforts still stall due to challenges with data quality, governance and workflow integration. Organizations seeing the most success are us...
The Pennsylvania Senate unanimously passed a bill that would codify volunteer first responders' right to receive workers' compensation benefits for injuries sustained at organized fundraising events.
The Senate on Tuesday voted 49-0 to pass SB 1053, which would allow volunteer firefighters and emergency medical service workers to receive benefits if they're injured during fundraising activities.
State Sen. Scott Hutchinson, R-Oil City, said he introduced the measure to address commonwealth court decisions from the 1970s and 1980s holding that compensability hinges on whether a lo...
