LA - Supreme Court Says Forfeiture of Benefits for Fraudsters Applies Prospectively
07/02/2026 | 0
The Louisiana Supreme Court ruled that a worker’s forfeiture of benefits for making a willful misrepresentation applies prospectively from the date of the misrepresentation, not retroactively to the date of injury.
Johnny Cousain worked for Smitty’s Supply Inc. He was involved in a work-related motor vehicle accident in June 2021.
Cousain reported the accident to his employer on the day it happened, and he denied having any injuries at that time.
He was terminated two days later. Cousain then reported neck and back injuries to Smitty’s by letter, through counsel, demanding
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An Ohio appellate court ruled that a worker was not entitled to relief from the filing deadline to challenge an Industrial Commission decision.
Case: State ex rel. Cordle v. Industrial Commission, No. 25AP-484, 06/11/2026, published.
Facts and procedural history: Jayden M. Cordle worked for Gracely Lawn Care Inc. He allegedly injured his left wrist at work in July 2024.
The Bureau of Workers’ Compensation allowed Cordle’s claim for a strain, sprain and contusion.
A district hearing officer expanded the claim to include a partial tear of the left scapholunate ligament. The DHO a
West Virginia’s Intermediate Court of Appeals overturned a decision that closed a worker’s entitlement to temporary total disability benefits.
Case: McCormick v. Orgill Inc., No. 25-ICA-446, 06/02/2026, published.
Facts and procedural history: Amanda McCormick worked for Orgill Inc. She filed a workers’ compensation claim in January 2024, asserting that she had injured her right shoulder while pushing freight on a conveyor belt.
An administrator for Orgill’s insurance carrier denied the claim.
McCormick underwent a magnetic resonance imaging scan in October 202
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his fall from a ladder, as well as the denial of the defendant’s motion for leave to amend its answer to assert an affirmative defense of fraud.
Case: Carranza-Rafael v. LRC Construction LLC, No. 34910/20, 06/11/2026, published.
Facts: Hilmer German Carranza-Rafael allegedly suffered injuries from a fall from a ladder while doing drywall work.
According to Carranza-Rafael, he was nailing down the drywall while standing on an A-frame ladder that suddenly started moving to one side. Car
May 20, 2026
The single most important thing a workers’ compensation program can do to reduce costs and improve outcomes for injured workers is also the simplest: Report claims promptly.
Prompt reporting enables prompt determination of compensability. Prompt compensability determination enables prompt provision of quality medical care. Prompt care shortens recovery. Shorter recovery reduces litigation. And litigation — not medical costs, not indemnity, not administrative expense — is the largest cost driver in the system.
Every other intervention operates downstream of that chain. T
A New York appellate court ruled that an agreement not to sue certain entities did not bar a worker's claim against one of them.
Case: Fehringer v. MLJ Contracting Corp., No. 2023-11624, 06/17/2026, published.
Facts and procedural history: Peter Fehringer worked for Garden State Engineering, Surveying & Planning of New York Inc. He allegedly suffered injuries while working at a jobsite when he tripped and fell over construction debris.
After the alleged accident, Fehringer and Garden State entered into an agreement in which Fehringer promised he would not sue MLJ
A Washington farm labor contractor faces stiff fines for labor violations, including failure to provide farmworkers with required information about wages and job conditions.
The Washington State Department of Labor & Industries cited Superbee Contracting LLC, of Moxee in Yakima County, on June 16 for allegedly breaking farmworker protection laws involving nearly 1,200 laborers at farms in several counties, as well as one in Oregon. The company is on the hook for $700,000 in fines, L&I said.
In a separate case, Superbee’s controller and business agent, G
The U.S. Department of Labor announced the availability of $12.7 million in grants for training and education to identify and prevent workplace safety and health hazards in small businesses.
The DOL's Occupational Safety and Health Administration administers the grants, aimed at funding safety training in industries with high injury, illness and fatality rates.
The grants will support training and education on hazard awareness, inform workers of their rights and make employers aware of their responsibilities under the Occupational Safety and Health Act.
Applicants may app
A recent workers' compensation rate reduction means Ohio's private employers are paying $10 million less in premium, the state's comp insurance agency said.
The Ohio Bureau of Workers' Compensation's most recent cut of 1% took effect Wednesday. A previous 1% cut became effective on Jan. 1, resulting in $2 million in savings, BWC said.
“This reduction is a reflection of Ohio's focus on workplace safety," said Gov. Mike DeWine. "The hard work and dedication that Ohio employers put into workplace safety is what has allowed us to reduce rate
A California appellate court in a non-precedential decision reinstated an injured worker’s civil suit against a homeowner who had hired an unlicensed contractor to paint her home.
Jessie Washington owns a two-story home in San Diego. In 2022, Washington hired Roman Sedano, an unlicensed contractor, to paint her home’s exterior. Sedano then hired Luis Gonzalez, who was also unlicensed, to perform some of the work.
On the second day of the three-day job, Gonzalez was standing on the roof of Washington’s home while painting with a spray gun. As Gonzalez walked backwa
California lawmakers voted to send the governor a budget bill that includes provisions to implement the administration's proposed second injury fund reforms.
The Assembly and the Senate on Monday passed SB 171, which would also preserve a law, scheduled to sunset today, that starts the clock for the Workers' Compensation Appeals Board to act on petitions for reconsideration when it receives case files.
The budget trailer bill is one of two competing proposals to reform the Subsequent Injuries Benefits Trust Fund. It includes provisions that Newsom's administration released i
The North Dakota Supreme Court ruled that the equitable doctrine of judicial estoppel does not apply to subrogation claims arising out of workers’ compensation proceedings.
Case: Moos v. North Dakota Workforce Safety and Insurance, No. 20250437, 06/25/2026, published.
Facts and procedural history: Donald Moos suffered injuries at work in August 2018 when an aircraft sprayed him with toxic herbicide. He filed a workers’ compensation claim and a notice with Workforce Safety and Insurance identifying the herbicide applicator as a potentially liable third party.
In September 2018, W
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker who fell while leaving home to head to a jobsite was entitled to benefits for his injuries.
Case: State Agencies of West Virginia v. Johnson, No. 25-ICA-448, 06/02/2026, published.
Facts: Daniel Johnson worked for the West Virginia Department of Environmental Protection. He filed a workers’ compensation claim, asserting that he injured his right leg when he fell on ice in January 2025.
According to Johnson, the accident happened as he was leaving his property to travel to another location in the c
A New York appellate court overturned a grant of summary judgment for a worker on his Labor Law claim.
Case: Neto v. Buddies Bro LLC, No. 515611/20, 06/17/2026, published.
Facts: Dijalma Neto worked as a carpenter for Magellan Concrete Structures. He allegedly suffered injuries on a project involving the construction of a building at premises owned by Buddies Bro LLC.
Townhouse Builders Inc. was the general contractor for the project.
According to Neto, he was stripping the second-floor ceiling, which involved removing "the material that had been used to make a base to pour the c
The U.S. House of Representatives Committee on Education and Workforce recently passed bills that would give the Department of Labor access to federal jobs data and allow the agency to terminate payments to providers convicted of fraud.
On Thursday, the committee unanimously passed HR 8822 and HR 8823.
HR 8822 would require the commissioner of Social Security to provide information about earnings and monthly benefit payments in response to a written request by the labor secretary.
The secretary of Health and Human Services would be required to provide information from the National Dir
The Oregon Workers' Compensation Division is holding a hearing in July on rules that would give nurse practitioners and physician associates the same treatment authority as physicians and surgeons.
Lawmakers this year passed HB 4040, which added nurse practitioners and physician associates to the definition of "attending physician."
In addition to providing direct care and developing treatment plans, attending physicians also authorize time off when a person is too injured to work, determine the date of maximum medical improvement, define functional limitations and release inju
