IA - High Court: Rehearing Not Needed to Preserve Error on Rejected Argument
06/02/2026 | 0
Claimants do not have to file a motion for rehearing to preserve error on an argument that the Workers' Compensation Commissioner rejects without a specific discussion, the Iowa Supreme Court ruled.
"A contrary holding would trigger unproductive motions for rehearing any time the agency filed to specifically address every supporting argument made by the party losing an issue," the high court said.
The Court of Appeals ruled that Jerry Hayes failed to preserve error on the argument that his employer was bound by the opinion of the doctor it selected to provide treatment, while a
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A Texas appellate court overturned a trial court’s determination that a workers’ compensation insurance carrier was not entitled to recover the $350,000 it paid in medical benefits for a teacher’s injuries before her death.
Case: East Texas Educational Insurance Association v. Jones, No. 09-24-00191-CV, 05/28/2026, published.
Facts and procedural history: Mary Louise Jones worked as a teacher for the Little Cypress-Mauriceville Consolidated Independent School District. In May 2008, she was part of a group of teachers who traveled to Mexico for a Spanish immersion progr
West Virginia’s Intermediate Court of Appeals upheld an award of benefits to a worker for an ankle injury that occurred while breaking up a fight between two students.
Case: West Virginia Military Authority v. Brogan, No. 25-ICA-414, 05/01/2026, published.
Facts: Joseph Brogan worked as a squad leader at the Mountaineer Challenge Academy.
Brogan completed an undated workers’ compensation claim in January 2024, alleging that he sustained an injury to his left ankle while trying to break up a fight between two students at work earlier in the month.
In December 2023, Brogan had be
A New York appellate court ruled that a worker who slipped while standing on rebar was not entitled to summary judgment on his Labor Law claims.
Case: Gonzalez v. Navillus Tile Inc., No. 34386/20, 05/07/2026, published.
Facts: Paul Gonzalez allegedly suffered injuries while working on a construction project. He said he was standing on rebar and leveling freshly poured concrete when he slipped and fell, causing parts of his body to fall through the rebar and into the concrete.
Procedural history: Gonzalez filed suit against Navillus Tile Inc., asserting a claim for a violation of Labor Law S
The Law Offices of Bradford and Barthel has confirmed that the Employment Development Department’s Disability Insurance representatives will no longer have their own offices at the Workers’ Compensation Appeals Board.
The change will take place at the end of June, meaning that as of July, you may not find EDD representatives in their usual spots at your local WCAB.
I decided to investigate after numerous judges and EDD representatives informally warned my colleagues and me about EDD’s impending departure. Rumors abounded that the change was prompted by EDD not want
A New York appellate court ruled that a motion by a Labor Law defendant for entry of a default judgment on its third-party claims should have been granted.
Case: Calle v. JRR Contracting Inc., No. 21943/20, 05/07/2026, published.
Facts and procedural history: Marco Calle filed a Labor Law action against JRR Contracting Inc., seeking to recover for injuries he sustained while performing construction work at a building.
JRR had been hired to perform façade restoration on the building, and it subcontracted the work to Regalado Contracting Inc.
JRR filed a third-party claim for indemnif
A former New York corrections officer pleaded guilty to making a false statement relating to healthcare matters and agreed to pay nearly a quarter of a million dollars in restitution.
Jovanny Concepcion, 34, falsely claimed that he was injured on duty at Riker's Island during incidents with inmates requiring the use of force. He received at least $232,427 in benefits to which he was not entitled, the New York State Inspector General's Office said in a statement.
Concepcion worked for the New York City Department of Corrections from June 2017 to April 2021. He is scheduled to be sente
The Ohio Bureau of Workers' Compensation opened registration for its virtual 2026 Medical & Health Symposium being held Sept. 16-18.
The theme for this year's event, "Approaches to Integrated Care in Occupational Health," highlights innovative strategies that are reshaping clinical practice and improving outcomes for injured workers, the bureau said.
"Designed for healthcare providers, administrators and legal professionals, MHS brings together thousands of attendees from Ohio and beyond for three days of learning, collaboration, and free continuing education
The New Mexico Workers' Compensation Administration is launching its new CaseX electronic case filing system on Friday.
The agency has posted a training video and user manual to the resources page of its website to help users prepare for the transition.
The current electronic filing system will shut down at 11 a.m. Friday to facilitate the transfer of information to the new system. Users will not be able to file during the transition period.
The agency said that if system users filed something on Friday before the shutdown but don't see it in CaseX on Monday, they should contact the
An injured worker failed to raise a genuine issue of material fact that three disputed medical conditions were part of her compensable injury, a Texas appeals court ruled.
Stephanie Lovings argued that the Travis County District Court erred when it granted summary judgment in favor of American Zurich Insurance Co. by not considering her evidence, not construing the evidence in her favor and upholding the Division of Workers' Compensation determination that only five of eight claimed conditions were covered.
"The only expert opinion in the record is a report from a doctor designated
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand the scope of her claim.
Case: Childers v. Mercer County Board of Education, No. 25-ICA-403, 05/02/2026, published.
Facts: Theresa Childers worked for the Mercer County Board of Education as a bus driver.
She saw nurse practitioner Amy Proffitt in December 2015 with complaints of back pain.
In May 2018, Childers saw nurse practitioner Jenine Ward for back pain. Ward’s assessment was lumbar radiculopathy.
Childers underwent back X-rays in October 2022, which revealed moderate di
A Louisiana appellate court ruled that a worker was entitled to additional temporary total disability benefits, fees and penalties, but not supplemental earnings benefits.
Case: Patt v. Amerigas Inc., No. 25-633, 04/29/2026, published.
Facts and procedural history: Ray Patt worked for Amerigas Inc. He suffered injuries in a motor vehicle accident in July 2021.
Amerigas deemed the accident compensable and began paying Patt workers’ compensation benefits.
Patt underwent back surgery in March 2022. In December 2022, Amerigas discontinued his benefits.
Parr filed a disputed claim for co
A New York appellate court upheld the denial of a transit worker’s claim of psychological injury from a confrontation with an emotionally disturbed person who threatened to kill her.
Case: Matter of Shakil v. New York City Transit Authority, No. CV-24-0785, 05/07/2026, published.
Facts: Mehwish Shakil worked for the New York City Transit Authority, a self-insured employer.
In January 2021, an emotionally disturbed person began banging on the window of her enclosed booth while screaming and threatening to kill her.
Shakil took a three-month unpaid leave from work under the Family and
A New York appellate court revived parts of a worker’s Labor Law claim for his injuries from being struck by a falling object.
Case: Rolle v. JCDecaux Street Furniture New York LLC, No. 508333/17, 05/06/2026, published.
Facts: Lamont Rolle allegedly suffered injuries while he was power-washing a bus shelter when an interior panel of the structure fell and hit his head.
Rolle was an employee of Dynaserv Industries Inc., which had contracted with CEMUSA NY LLC to clean bus shelters owned by CEMUSA.
In 2015, JCDecaux Street Furniture New York LLC purchased CEMUSA and took over
Connecticut lawmakers on Friday sent the governor a bill that would create a task force to study causes of undue delays in workers' compensation claims made by police officers and firefighters.
HB 5385 would charge the eight-member task force with examining delays resulting from administrative processes, a lack of medical providers or insurer authorization requirements.
The task force would be required to submit its final report to lawmakers by Jan. 1, 2027.
The state House of Representatives and the Senate both unanimously passed the bill. The House voted 147-0 to pass it May 4, and th
The Louisiana Association of Self Insured Employers will review workers' compensation legislation enacted during the 2026 session at a July 8 forum in Baton Rouge.
The event will include a review of regulatory changes, as well as a discussion of legislation passed during the lawmaking session, which is scheduled to adjourn today.
It will also provide real-world insights, expert analysis and forward-looking discussions led by industry veterans that explore how the state compares nationally on critical metrics.
The 2026 Open Forum & Legislative Recap is from 7:30 a.m.-5 p.m. July
