TX - Court: Refinery Owner Entitled to Mandamus Relief Dismissing Worker's Claims for Injury
12/29/2025 | 0
A Texas appellate court ruled that a refinery owner should have been granted summary judgment dismissing a worker’s claims over injuries from exposure to toxic fumes.
Although Jake Winters introduced evidence that ExxonMobil Corp. knew about the potential risk of a flash fire inside a vessel used to process petroleum naphtha, he failed to demonstrate that the company believed he would suffer specific injuries, which is required to invoke the intentional tort exemption to exclusive remedy.
Winters, a Texas resident, worked for Brown & Root Industrial Services. He allegedly suffered ...
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A divided Alabama Supreme Court denied a petition for review of a trial judge’s decision allowing a worker to proceed with civil claims against his co-workers for allegedly removing safety devices from a machine that resulted in the mangling of his hand.
Case: In re Jackson v. Griffin, No. SC-2025-0443, 12/19/2025, published.
Facts: Gary Jackson worked for Alabama Metal Industries Corp. He suffered serious injuries, including the loss of three fingers, when his hand was caught in a leveler machine in September 2021.
AMICO purchased the leveler in the late 1990s. It then adde...
A divided New York Court of Appeals ruled that a subcontractor on a construction project was not obligated to indemnify a general contractor for injuries that a different subcontractor’s employee suffered while using the first subcontractor’s broken ladder without permission.
Case: Dibrino v. Rockefeller Center North Inc., No. 103, 12/28/2025, published.
Facts: Dominick Dibrino worked as a carpenter for Jacobson & Co. Inc. In June 2019, Dibrino was working on a renovation of office space for Major League Baseball's headquarters.
JRM Construction Management LLC ...
The Louisiana Supreme Court ruled that an employer abandoned its statute of limitations defense and tacitly renounced prescription by initiating regular and consistent workers’ compensation payments after the prescriptive period expired.
Case: Johnson v. AECOM Amentum Government Services, No. 2025-CC-00171, 12/18/2025, published.
Facts: Lealon Johnson worked as a mechanic for AECOM Amentum Government Services. He suffered injuries at work on June 12, 2020, when he tripped over the hose of a pressure washer.
Johnson did not initially lose any time from work, as Amentum placed him on a ...
Sacramento, CA – [December 10, 2025] – Today, POWER proudly announced its official launch as a laser-focused non-profit organized to take direct action against fraud and criminal activity in California’s temporary staffing industry.
“One of the biggest crimes taking place in California’s workforce is hiding in plain sight. The temporary staffing industry has become a largely unregulated playground for criminals—one ...
Summaries and analyses of new case law dominated Bradford and Barthel’s list of top 10 blogs of the year, as practitioners saw more noteworthy decisions than usual in 2025.
We at the Law Offices of Bradford and Barthel write about many topics, ranging from “how to” and educational pieces to blogs about breaking news and developments. This past year, we saw more citable and noteworthy decisions from the powers that be than we have in prior years.
The other notable trend that was a common theme among our blogs was rising costs at the Subsequent Injuries Benefits Trus...
The Mountain States Policy Center, which describes itself as promoting free enterprise, individual liberty and limited government, argues that eliminating Wyoming's monopolistic workers' compensation system would lower rates.
Wyoming, Washington, North Dakota and Ohio are the four monopolistic states in which businesses buy coverage from a state-run fund instead of private carriers.
"North Dakota and Ohio have managed to keep their rates low," writes Marta Mossberg, a research fellow for the Mountain States Policy Center. "But Wyoming's socialist approach has...
The Tennessee Supreme Court, in reversing lower court decisions dismissing a sales representative's negligence action, created an initial test to assess the nature of a vendor agreement before delving into whether a vendor can be considered a statutory employer.
To determine whether Section 50-6-113 applies, the high court formally adopted the predominant purpose test for business relationships involving goods and services, with the warning that the written contract doesn't necessarily dictate the outcome. Courts must assess whether services rendered are incidental to the sale of good...
TN - Court Orders Psychiatric Care After Cement Truck Rollover
A Tennessee workers' compensation judge ordered a concrete supplier to provide a panel of psychiatrists to an injured truck driver, finding that she is likely to prevail at trial on her claim that a traumatic rollover crash caused compensable mental injuries.
In an expedited order issued Tuesday, a judge with the Tennessee Court of Workers’ Compensation Claims ruled that the employee, who survived a downhill brake failure and rollover in a cement mixer, is entitled to psychiatric treatment for post-traumatic stress disorder and major depressive disorder linked to the accident, accor...
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for a fall from a ladder.
Case: Aguilar v. 58 Gerry St. LLC, No. 2024-06611, 12/10/2025, published.
Facts: Jose Aguilar allegedly sustained injuries when he fell from a ladder while working on a construction project.
Procedural history: Aguilar filed suit against 58 Gerry St. LLC, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to provide safety devices to protect worker...
A federal appellate court said an administrative law judge sufficiently explained the medical opinions and evidence that supported a finding that a worker was totally disabled by pneumoconiosis arising from working in a coal mine.
Case: Clinchfield Coal Co. et al. v. Director Office of Workers' Compensation Programs et al., No. 24-1875, 12/23/2025, unpublished.
Facts and procedural history: Johnny L. Wallace filed a claim for black lung benefits in July 2019. Clinchfield Coal Co. disputed a proposed order awarding benefits and requested a hearing.
After the hearing, an administrative la...
Injured workers would be allowed to enter settlements regardless of their age, and the Washington State Department of Labor and Industries would be required to disclose more information relating to its annual rate proposal, under a pair of bills introduced by a Spokane Valley Republican.
Rep. Suzanne Schmidt on Tuesday introduced HB 2189, which would eliminate the requirement that injured workers be at least 50 to initiate a claim resolution settlement.
Reforms enacted in 2011 allowed workers 55 and older to enter structured settlements and included provisions automatically lowering the ...
The Tennessee Supreme Court said workers' compensation reforms enacted in 2013 require proof that work contributed more than 50% to aggravating a preexisting condition and that the aggravation contributed more than 50% to causing death, disablement or the need for medical treatment.
"Simply put, as used in the 2013 reform act, aggravation means an intensification or worsening of a preexisting disease, condition or ailment, permanent or not, that contributes more than 50% in causing death, disability or the need for medical treatment," the court said Monday.
The high ...
An Ohio appellate court upheld the summary dismissal of a worker’s claim of retaliation, finding that his employer had a legitimate reason for terminating him after he allegedly was injured on the job.
Case: Davis v. United Dairy Co., No. 25 BE 0031, 12/09/2025, published.
Facts: Louis E. Davis was hired by United Dairy Co. as a relief truck driver in November 2023. His position was governed by a collective bargaining agreement between United and the International Brotherhood of Teamsters.
Under the CBA, Davis was hired for a 75-day probationary period during which United could d...
The Oregon Workers' Compensation Division updated the form for injured workers to request approval of a lump sum payment to align with changes made by House Bill 2802.
The bill, enacted in May, requires carriers and self-insured employers to make lump-sum permanent partial disability payments when an injured worker waives reconsideration of a closure notice or an award becomes final by operation of law.
Insurers must send Form 1174 within 10 business days of receiving a request for a lump-sum payment.
If the insurer approves the request for a lump-sum payment, the insurer must issu...
Annual cost-of-living adjustments for permanent total disability pensions would be capped at 3%, under legislation filed ahead of the 2026 Washington state session.
Sen. Mark Schoesler, R-Ritzville, introduced SB 5927 on Monday, proposing the cap as a tool to promote stability in the workers' compensation program.
Injured workers who are certified as permanently and totally disabled and who are unable to become gainfully employed, or who have lost vision or the use of both legs, both arms, or one arm and one leg, may qualify for a pension.
Pension benefits are adjusted annually bas...
