ID - Supreme Court Upholds Dismissal of Father's Tort Claims for Son's Death
03/04/2026 | 0
The Idaho Supreme Court upheld the summary dismissal of a father’s claims against an employer for the death of his son.
Colby Eldon Johnson worked for Beadz Brothers Farms. In the early morning of Aug.18, 2020, shortly after the end of the shift, Johnson’s co-workers discovered his lifeless body entangled in machinery.
No one saw what had happened, but it appeared Johnson was attempting to repair the connection between a truck and a self-unloading bed when he became caught and pulled into the gears.
Johnson’s father filed a civil suit against Beadz Brothers, asserting...
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The Iowa Court of Appeals upheld the summary dismissal of a worker’s gross negligence claim against a co-employee for his brother’s fatal railcar accident.
Case: Stalkfleet v. Stroughmatt, No. 24-1816, 02/11/2026, published.
Facts: Damon Stalkfleet and his brother, Dillon Stalkfleet, were a part of a switch operation team at Bakery Feeds railyard. Damon’s job was to operate a Rail King railcar mover, and Dillon served as a spotter.
The Rail King was equipped with an air brake system, but the air brakes were not working. The Rail King also had a wheel brake, which required ...
A Texas appellate court dismissed a self-represented worker’s attempt to challenge his impairment rating due to a lack of jurisdiction.
Case: Juarez v. Texas Mutual Insurance Co., No. 10-26-00042-CV, 02/26/2026, published.
Facts and procedural history: Jesus Juarez worked for CellTech Cargo LLC. He filed suit against CellTech, seeking damages for alleged personal injuries.
This lawsuit was nonsuited with prejudice in August 2025.
Juarez also filed a claim with the Texas Division of Workers’ Compensation.
During the workers’ compensation proceedings, Juarez was found to h...
West Virginia’s Intermediate Court of Appeals upheld the denial of benefits for a worker’s occupational pneumoconiosis, finding he did not establish that he was exposed to abnormal quantities of dust during the course of and resulting from his employment.
Case: Kessler v. West Virginia Paving Inc., No. 25-ICA-275, 02/06/2026, published.
Facts: Joseph Kessler worked as a section boss in a coal mine for Carbon Fuel from 1975 to 1982; as a miner operator for Terry Coal from 1986 to 1987; as a motor man in a coal mine for Gauley Mine Services from 2001 to 2002; and as a rock qua...
The changes proposed by the Gov. Gavin Newsom administration in the SIBTF trailer bill are going to have wide-ranging and serious effects, both on Subsequent Injuries Benefits Trust Fund claims and on the underlying industrial claim.
Consider the following:
1. Medical legal evidence can be obtained only in the basic case, and there shall be no “SIBTF medical reports.”
What that means is that all discovery (likely at the cost of the industrial carrier on the subsequent industrial injury) will have to occur in the basic case. All evidence of pre-existing disability, all ...
New York State Workers’ Compensation Fraud Inspector General Lucy Lang on Tuesday announced that a man pleaded guilty to fraud for working while collecting more than $10,000 in workers' compensation benefits.
Christopher Cronk, 58, claimed he could not work because of an ankle injury sustained in the course of his work as a painter for Cutting Edge Painting in March 2021.
"But by March 2022, Cronk had resumed paid painting work at private properties and businesses — surveillance footage captured him working, witness statements confirmed it, and bank records reflected pay...
Kentucky's Department of Workers' Claims would be administratively attached to the governor's office under recently introduced legislation.
SB 343 would transfer the department from the Education and Labor Cabinet, a move that could give the governor's office more direct oversight of the agency.
Though many state agencies in Kentucky are led by a cabinet secretary appointed by the governor, others, including the Local Government and Military Affairs departments, are directly attached to the governor's office. In theory, this removes a layer of bureaucracy and promote...
The Hispanic Insurance and Risk Management Association and WorkCompCentral are hosting a free webinar March 13 to discuss cumulative trauma injuries.
The panel will cover adjuster and employer responsibilities, evolving legal standards, increasing awareness of mental health issues and emerging trends regarding compensability. Presenters will also share insights from depositions and discuss what can create unnecessary exposure.
Speakers include Evelyn Medina, a senior associate at AVR Law; Sandy Avina, claims services manager at the California Schools JPA; and Annie Pomer, claims director at ...
The Association of Workers’ Compensation Professionals announced a partnership with WorkCompCentral designed to enhance access to timely industry news, educational resources and professional insights for stakeholders across the workers’ compensation community.
Through the partnership, AWCP members will gain expanded visibility into critical industry developments, legislative updates, claims trends and expert analysis provided by WorkCompCentral. In turn, WorkCompCentral will help amplify AWCP’s educational initiatives, leadership programs and community engagement effort...
SACRAMENTO, CA - The Association of Workers' Compensation Professionals (AWCP) is proud to announce a new strategic partnership with WorkCompCentral, the leading online news and information resource dedicated to the workers' compensation...
A Texas appellate court ruled that a trial judge erred in transferring venue for a worker’s personal injury claim.
Gregorio Pimentel filed suit against Maverick Maintenance & Supply LLC, Shon Looker LLC and Shon Looker in a Harris County trial court. Pimentel sought damages for injuries he allegedly sustained when a large tree limb fell on him while he was working on Looker’s property in Karnes County.
Pimentel asserted that venue was proper in Harris County because Maverick maintained its principal office there.
The defendants moved to transfer venue. They conceded tha...
The Delaware Supreme Court upheld a determination that a parcel delivery worker’s two back surgeries were compensable and that she remained totally disabled while her doctor advised her not to work.
Case: United Parcel Service v. Smith, No. 244, 02/26/2026, published.
Facts: Ashley Smith worked for United Parcel Service. She suffered injuries in February 2022 when she fell off a truck while delivering a package.
Smith sought medical treatment and was initially diagnosed with a strained neck and back. After her condition failed to improve, Dr. Mark Eskander recommended surgery.
Eskand...
West Virginia’s Intermediate Court of Appeals overturned the denial of a worker’s request to add compensable conditions to her claim but upheld her 10% permanent partial disability award.
Case: Lyons-Rochetti v. Bluefield State University, Nos. 25-ICA-214 and 25-ICA-233, 02/03/2026, published.
Facts: Stephanie Lyons-Rochetti worked for Bluefield State University.
After Lyons-Rochetti suffered a workplace accident, the university’s insurance carrier accepted liability for sprains of the left shoulder, elbow and wrist.
In October 2019, a magnetic resonance arthrog...
A New York appellate court ruled that a worker struck by a falling object was entitled to summary judgment on his Labor Law claim.
Case: Venegas v. CPC Norfolk Senior Housing Development Fund Corp., No.157330/21, 02/05/2026, published.
Facts: Henry Venegas allegedly suffered injuries while working on a construction site when a metal locking device, known as a “super plate,” fell from overhead and struck him.
According to Venegas, he was walking past a high formwork wall at a construction site when the super plate fell on him.
Super plates were screwed onto the ends of tie rods ...
CopperPoint Insurance Cos. named Thomas Beale as senior vice president and chief information officer.
Beale brings more than two decades of experience with cybersecurity, software engineering, analytics and enterprise architecture to the position, the carrier said.
He started his career as a cybersecurity tester before progressing into senior consulting and project leadership roles, where he managed critical information security initiatives. In 2008, he co-founded Vigilante Bespoke, a specialist cybersecurity firm. He later co-founded Corax, a cyber risk intelligence platform.
...
Lawmakers in Virginia passed a bill to increase burial expenses and index them to inflation.
The House of Delegates on Monday voted 99-0 to pass SB 771, which would increase burial expenses to $15,000 from $10,000.
Starting Jan. 1, 2028, the bill would require that burial expenses and reasonable transportation expenses for the deceased would be adjusted each year by the percentage increase in the Consumer Price Index.
Reasonable transportation expenses are currently $1,000.
The Senate voted 40-0 to pass the bill Feb. 6.
The measure now goes to the governor, who can sign it, veto it or all...
A Florida man was arrested for allegedly cashing his deceased father's workers' compensation benefits checks, according to a report by WPLG in Miami.
Todd Luis Calderin, 44, was caring for his father and managing his workers' compensation benefits. His father had suffered a serious back injury while working for Hialeah.
Calderin allegedly cashed workers' compensation checks totaling more than $63,000 after his father died in August 2021.
According to the report, the Department of Financial Services said Calderin admitted to taking the funds and that he never formalized ...
