CA - SIBTF Bill Keeps Moving; Treatment Leave Bill Stalls
05/18/2026 |
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California lawmakers advanced a bill proposing changes to the state's second injury fund ahead of a key legislative deadline, and they put a hold on a measure that would make denying a request to receive treatment during the workday a form of discrimination.
The Assembly Appropriations Committee on Thursday voted 11-4 to pass AB 1576 off its suspense file, setting up the bill for a vote by the full Assembly. The committee held AB 2098 "under submission" on the same day, meaning it did not move to the floor ahead of Friday's deadline for fiscal committees to pass bills.
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LA - Worker Injured in Chemical Plant Explosion Can't Proceed With Civil Suit
05/18/2026 |
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A Louisiana appellate court upheld the summary dismissal of a worker’s claim against a chemical plant operator for his injuries from an explosion and fire.
Case: Saizon v. The Dow Chemical Co., No. 2025 CA 1139, 04/24/2026, published.
Facts: Jontrell Saizon worked for Turner Industrial Group LLC. Turner contracted with The Dow Chemical Co. to bring in employees, subcontractors and equipment to assist in maintenance work at a chemical plant located in Plaquemine.
On April 25, 2020, an explosion and fire occurred at the plant, resulting in serious injuries to Saizon.
Procedural history...
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WV - Court Upholds Denial of Steroid Injection for Worker's Back
05/18/2026 |
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West Virginia’s Intermediate Court of Appeals upheld a claims administrator’s denial of an epidural steroid injection for a worker's lumbar spine.
Case: Bryant v. Donahue Brothers Inc., No. 25-ICA-398, 05/01/2026, published.
Facts: Deron Bryant worked for Donahue Brothers Inc. He filed a workers’ compensation claim in July 2024, asserting that he had injured his back and knee in a car accident.
A claims administrator for Donahue’s insurance carrier accepted liability for a lumbar strain and left knee contusion.
In August 2024, Bryant underwent a magnetic re...
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NY - Court: Defendant's Third-Party Claims for Indemnification Properly Dismissed
05/18/2026 |
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A New York appellate court ruled that the third-party defendants in a Labor Law action were entitled to summary judgment dismissing a company's claims against them for indemnification.
Case: Mock v. New York Athletic Club of City of New York, No. 74 CA 25-00248, 04/24/2026, published.
Facts: Anthony Mock allegedly suffered injuries from a fall from a scaffold while he was working at the New York Athletic Club of City of New York.
Procedural history: Mock filed suit against NYAC, asserting claims for violations of the Labor Law.
NYAC then filed contractual indemnification claims against...
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Press - San Diego County District Attorney's Office Files Felony Charges
05/05/2026 |
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May 5th, 2026
The Special Investigative Unit of RJN Investigations Inc. was recently notified by the San Diego County District Attorney’s office as to the formal charges filed based upon the submission of a documented referral.
In this particular case, the claimant was employed as a city firefighter. As the claim progressed, the proactive claims examiner requested a social media investigation to be performed by the RJN SIU. In that report, it was discovered that the claimant’s family owned a surf experience shop with reference to the claimant being a coach for surfing lessons.
U...
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NATL. - Zachry: Managing Grief in Workers' Compensation
By Bill Zachry
05/13/2026 |
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I have gone through a difficult period. Over the last year, I lost a sister-in-law, two brothers-in-law, three of my closest friends, and several close friends. The losses came one after another, each arriving before I had finished grieving the last.
The movie "Coco" resonates with me because it reflects how I choose to handle loss: by holding on to the good, remembering who people were at their best, and keeping those memories alive. It is my way of carrying them forward.
Every loss has also reminded me of something I came to understand slowly, over decades of professiona...
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NY - Worker Gets Summary Judgment on Labor Law Claim for Fall From Structure
05/18/2026 |
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A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his fall at a construction site.
Case: Gavilanes v. 919 Ground Lease LLC, No. 153246/22, 04/23/2026, published.
Facts: Luis Gavilanes allegedly suffered injuries while working at a construction site when he fell from a structure.
Gavilanes testified that he needed a mobile scaffold to perform his work, but he was directed by his foreman immediately to cross over to the other side of the structure by climbing on the cross-pipes without a harness. According to Gavilanes, the foreman had direc...
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CA - Commissioner Approves WCIRB Regulatory Filing
05/18/2026 |
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California Insurance Commissioner Ricardo Lara approved regulatory changes recommended by the Workers' Compensation Insurance Rating Bureau for policies incepting on or after Sept. 1.
The commissioner approved all of the proposed changes to the California Workers’ Compensation Uniform Statistical Reporting Plan-1995, California Workers’ Compensation Experience Rating Plan-1995, and the Miscellaneous Regulations for the Recording and Reporting of Data-1995.
To make expected loss rates more precise, the WCIRB will use three decimal places instead of two.
The regulatory fil...
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OK - Governor Signs Bills to Increase Payroll Limits, Eliminate Advisory Council
05/18/2026 |
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Oklahoma Gov. Kevin Stitt signed bills to increase payroll limits for certain employers and to eliminate a joint labor-management advisory council.
The governor on Wednesday signed SB 1944 and SB 1303.
SB 1944 increases the maximum gross annual payroll limit to $250,000 from $150,000 for agriculture, ranching and horticulture businesses, effective Nov. 1. Workers for companies in these industries are not considered employees under the Workers' Compensation Act unless their employer's total payroll is equal to the statutory threshold.
SB 1904 also exempts independent contractors...
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IL - Governor Announces Appointments to Medical Fee Advisory Board
05/18/2026 |
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Gov. J.B. Pritzker appointed three members to the board that advises the Illinois Workers' Compensation Commission on medical fee schedules and ensuring access to treatment.
Pritzker on Friday announced that Mayra Khan, Michael Macellaio and Dr. Preston Wolin will continue to serve as members of the Workers' Compensation Medical Fee Advisory Board. The governor's statement did not say when any of the members were first appointed or how long they've served on the board.
Khan is CEO of Teamficient, a remote staffing company in Chicago.
Macellaio is secretary-treasurer of t...
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Press - Coalition of California Injured Workers Names Former Attorney General Bill Lockyer Chair, Vows to Champion Disabled Californians Against Harmful Changes Proposed by Governor Newsom in Budget Trailer Bill
05/07/2026 |
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SACRAMENTO, CA – May 7, 2026 – The Coalition of California Injured Workers (CCIW) today announced the appointment of former California Attorney General and State Treasurer Bill Lockyer as the new Chair of its coalition. Lockyer will lead the CCIW's urgent efforts to ensure that critical protections for injured Californians are not dismantled through an opaque budget trailer bill, but rather are addressed through the transparent and deliberative regular legislative process.
"The proposed changes to the Subsequent Injuries Benefits Trust Fund (SIBTF) within the budget...
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NV - WCS Educational Conference Sept. 17-18
05/18/2026 |
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The 14th Annual Nevada Workers' Compensation Education Conference is being held Sept. 17-18 at the Palace Station Hotel and Casino in Las Vegas.
The goal of the conference is to educate system users about current rules, procedures and policies, the Workers' Compensation Section said.
Presentations will cover topics including closed drug formularies, the state's impairment guides and using AI as an impairment rating tool. Other sessions will explore return-to-work strategies, heat and wildfire risks, and modern approaches to pain management.
The Nevada Department of Busines...
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WV - Split Supreme Court Upholds Denial of Diabetic Worker's Carpal Tunnel Claim
05/15/2026 |
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A divided West Virginia Supreme Court upheld the denial of a diabetic worker’s claim for benefits for his carpal tunnel syndrome.
John Moore worked for United Coal Co. LLC. He also had Type 2 diabetes.
When he saw physician assistant Amada Davis in December 2021, his A1C was elevated. Moore admitted that he had not been watching his diet and had gained a considerable amount of weight, and that he had not used his glucometer for a year or two.
In December 2023, Moore filed a workers’ compensation claim. He asserted that he had developed carpal tunnel syndrome from his years ...
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NY - Court Finds Worker Didn't Lie About Consuming Alcohol Before Motor Vehicle Accident
05/15/2026 |
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A New York appellate court ruled that a worker did not commit fraud during his testimony related to when he last consumed alcohol before he was involved in a motor vehicle accident.
Case: Matter of Ferra v. Paramount Global, No. CV-25-0176, 04/23/2026, published.
Facts: Jorge Ferra worked for Paramount Global. On Oct. 24, 2022, Ferra was driving from his home in New Jersey to a job assignment in Buffalo when he was involved in a minor motor vehicle accident.
Although Ferra was not injured and there did not appear to be any physical damage, he pulled to the shoulder of the road and exit...
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NY - Worker Gets Partial Summary Judgment on Labor Law Claim for Grinder Mishap
05/15/2026 |
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A New York appellate court ruled that a worker was entitled to only partial summary judgment on his Labor Law claim for his injuries from using a grinder that lacked a safety guard.
Case: Bacchus v. 676 East 179 LLC, No. 35204/20, 04/23/2026, published.
Facts: Azfal Bacchus suffered injuries while working on a construction project. He was using a grinder that lacked a safety guard when it kicked back, injuring him.
According to Bacchus, his supervisor was overseeing his work using the grinder to cut parts of a commercial boiler. Bacchus asserted that the unguarded grinder was the only ...
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KY - Attorney Becomes Indispensable Party to Appeal if Worker Challenges Fee Award
05/15/2026 |
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The Kentucky Supreme Court ruled that if a worker is challenging a fee award to his attorney, the attorney is a necessary party to an appeal of the award, but the failure to name the attorney as a party is not a fatal jurisdictional defect.
Case: Porter v. Axelon Inc., No. 2025-SC-0233-WC, 04/23/2026, unpublished.
Facts and procedural history: Kelly Porter worked for Axelon Inc. He suffered a work-related injury in 2017, and a workers’ compensation judge issued an award of benefits.
The Workers’ Compensation Board affirmed and remanded to the ALJ for consideration of a statutory...
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KY - Supreme Court Upholds Decision Vacating Award of Multiplier
05/15/2026 |
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The Kentucky Supreme Court upheld a decision vacating an administrative law judge’s award of a statutory three-multiplier to a worker for her cumulative trauma injuries.
Case: Russell v. International Automotive Components, No. 2025-SC-0241-WC, 04/23/2026, unpublished.
Facts: Kendra Russell worked for International Automotive Components from 2002 until 2021.
In 2023, Russell filed a workers’ compensation claim, alleging a cumulative trauma injury to multiple body parts — including her cervical spine, lumbar spine, hands, knees and shoulders — resulting from her ...
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WV - Court Upholds Carrier's Fine for Failure to Pay Death Benefits
05/15/2026 |
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West Virginia’s Intermediate Court of Appeals upheld a $2,000 fine against an insurance company for its failure to timely pay death benefits to a worker’s dependents.
Case: Rockwood Casualty Insurance Co. v. McVey, No. 25-ICA-329, 05/01/2026, published.
Facts and procedural history: In August 2024, the Board of Review issued an order for Rockwood Casualty Insurance Co. to pay benefits to a deceased worker’s dependents.
Rockwood timely moved for a stay, and the motion was refused by West Virginia’s Intermediate Court of Appeals in September 2024.
Rockw...
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