CA - Court Reinstates Injured Worker's Civil Suit Against Homeowner
07/01/2026 | 0
A California appellate court in a non-precedential decision reinstated an injured worker’s civil suit against a homeowner who had hired an unlicensed contractor to paint her home.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
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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
The hottest temps we’ve seen this year are about to hit 78 million of us.
You can check how awful its gonna get by entering your ZIP code here.
Of course, millions will be outdoors working in agriculture, forestry, energy, construction, public safety, hospitality, logistics and transportation, and they will be at MUCH higher risk of getting hurt on the job.
The Workers Compensation Research Institute provides incontrovertible evidence that excess heat is a major claims and cost driver.
The most basic tenet of workers’ comp is to
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
California Gov. Gavin Newsom's administration added a grandfather clause that would exempt some pending and active cases, including those filed before July 1, 2020, from the tighter eligibility requirements proposed as part of a reform of the Subsequent Injuries Benefits Trust Fund.
Identical budget trailer bills introduced in the Assembly and the Senate on Friday also include provisions that would:
Maintain the deadline for the Workers' Compensation Appeals Board to act on a petition for reconsideration past Wednesday's scheduled sunset date.
Require assessments to be paid th
A divided Oregon Court of Appeals ruled that the Workers’ Compensation Board erred in failing to require a carrier to produce evidence that a worker’s accepted condition was not the major contributing cause of his need for treatment of a combined condition.
Case: In the Matter of Beamon v. SAIF Corp., Np. 517, 06/10/2026, published.
Facts: Don Beamon worked for MMNW Holding Co. After he injured his lower back while at work, Beamon was diagnosed with a disc herniation.
MMNW had workers’ compensation coverage with SAIF Corp., which accepted the disc herniation as compensable
A Texas appellate court upheld the summary dismissal of a claim for death benefits by the family of a worker who died in a motor vehicle accident while traveling home, in an employer-owned vehicle, from his place of work.
Case: Darling v. Old Republic Insurance Co., No. 11-24-00323-CV, 06/25/2026, published.
Facts: James Darling worked for Energy Transfer LP. He was killed in a motor vehicle accident on April 25, 2019. At the time of his death, Darling was driving home in an employer-owned vehicle from the plant where he worked.
Procedural history: Darling’s heirs filed a c
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his fall from a ladder.
Case: Ochoa v. 3475 Third Avenue Housing Development Fund Corp., No. 31545/19, 06/11/2026, published.
Facts: Julio Ochoa worked as a plumber. He allegedly suffered injuries when he fell while climbing down an extension ladder to retrieve materials stored in a basement.
Ochoa said the ladder was leaning against a wall, but it suddenly slid back and fell, causing him to fall to the ground with it.
Procedural history: Ochoa filed suit against 3475 Third Avenu
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for a slip-and-fall accident.
Case: DePhillips v. Tishman Construction Corp., No. 157160/21, 06/16/2026, published.
Facts: Giovanni DePhillips slipped and fell on a snow- or ice-covered staircase at a construction site where he was working, carrying lumber.
Procedural history: DePhillips filed suit against Tishman Construction Corp., The Moinian Group, Boston Properties Inc. and Meushar 34th Street LLC.
DePhillips asserted a claim for a violation of Labor Law Section 241(6).
Section 241(6) im
The Nevada Workers’ Compensation Section reported that maximum monthly benefits will increase by 4.1% Wednesday.
The maximum benefit for injuries sustained in the new fiscal year is $5,691.79, up from $5,468.53.
The WCS reported that the average weekly wage in Nevada increased to $1,314.50 from $1,262.94. The average monthly wage, which is equal to 150% of the weekly wage multiplied by 4.33, increased to $8,537.68 from $8,202.80.
Work comp benefits are capped at two-thirds of the average monthly wage.
More information is here.
The U.S. Department of Labor has proposed more than $3.5 million in fines against three companies after federal inspectors determined that the employers failed to protect workers during post-emergency response cleanup following a chemical spill at the BWC Terminals industrial facility in Channelview, Texas.
The department’s Occupational Safety and Health Administration initiated three inspections after a Dec. 27, 2025, sulfuric acid spill at the BWC Terminals LLC facility led to multiple injuries.
OSHA found that despite safety warnings, BWC Terminals mixed fresh and spent s
The Ohio Supreme Court vacated a decision by an appellate court directing the Industrial Commission to consider whether a worker’s adult daughter was entitled to death benefits as a dependent.
Darrell W. Holderman worked as a security officer for Merchant Security Services of Dayton, Ohio Inc. He was shot and killed by a prisoner he was guarding in June 2022.
Holderman’s daughter applied for death benefits. She was 39 at the time and alleged that she lived with Holderman and her two minor children. The daughter asserted that he made all payments on the mortgage, trash and sewer s
