GA - Court Overturns Claim Denial Founded on Erroneous Legal Theory
07/06/2026 | 0
The Georgia Court of Appeals overturned the denial of a worker’s claim because the denial was premised on an erroneous legal theory.
Curtis Thomas worked for United Electric Co. He allegedly suffered injuries while completing electrical work at a newly constructed medical clinic when an air diffuser fell from the ceiling and struck him on the shoulder.
Thomas filed a workers’ compensation claim seeking authorization for medical treatment from a doctor who was not listed on the panel provided by his employer, temporary total disability benefits and attorney fees.
At the
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A divided Louisiana Supreme Court ruled that the dismissal of a case due to a plaintiff’s failure to amend a petition is self-executing.
Case: LUBA Workers’ Compensation v. Sears, Nos. 2025-C-01379 and 2026-C-0057, 06/29/2026, published.
Facts and procedural history: Rebecca Sears worked for TruCare Home Health. She suffered injuries at work in 2014 and received workers’ compensation benefits from TruCare’s insurance provider, LUBA Workers’ Compensation.
In 2023, LUBA alleged that Sears fraudulently misrepresented her injuries to obtain additional benefits
The West Virginia Supreme Court upheld the denial of a worker’s claim for a knee injury.
Case: Underwood v. ACNR Resources Inc., No. 26-76, 06/23/2026, published.
Facts: Aaron Underwood worked for ACNR Resources Inc. He filed a workers’ compensation claim, alleging that he twisted his right knee at work on July 31, 2024, when he was going through a door.
Before the alleged injury, Underwood was treated for pain, swelling and osteoarthritis of the right knee.
In April 2023, a magnetic resonance imaging scan revealed a fracture of the right medial tibial plateau, a marrow/soft ti
TX - Court Says Comp Bar Blocks Worker's Truck Crash Suit
A Texas appeals court on Tuesday ruled that the workers' compensation exclusive-remedy bar blocked an injured worker’s lawsuit against his employer over a company truck crash.
In Huerta v. Swabco Inc., the Court of Appeals for the 8th District of Texas upheld summary judgment for Swabco, holding that Roberto Huerta failed to show the company was substantially certain he would be injured.
Huerta sued Swabco in June 2022 after he and a co-worker were injured in October 2021 when a Swabco truck veered off a highway. He alleged that he had reported suspension and steering pro
May 20, 2026
The single most important thing a workers’ compensation program can do to reduce costs and improve outcomes for injured workers is also the simplest: Report claims promptly.
Prompt reporting enables prompt determination of compensability. Prompt compensability determination enables prompt provision of quality medical care. Prompt care shortens recovery. Shorter recovery reduces litigation. And litigation — not medical costs, not indemnity, not administrative expense — is the largest cost driver in the system.
Every other intervention operates downstream of that chain. T
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for his injuries from a fall from a ladder.
Case: Prado v. BP Cyrus LLC, No. 22777/20, 06/18/2026, published.
Facts: Edison Gutierrez Prado allegedly suffered injuries when he fell from a ladder while removing fencing at a construction site.
Prado said he was standing on an A-frame ladder and using a saw to cut part of the 12-foot metal fencing when a piece of fencing hit the ladder, pushing it over and causing him to fall.
Procedural history: Prado filed suit against BP Cyrus LLC an
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his fall from a ladder.
Case: Hernandez v. Bushwick Realty Holdings LLC, No. 23014/18, 06/18/2026, published.
Facts: Roberto Hernandez allegedly suffered injuries when he fell from a ladder while he was using it to descend to the basement of a jobsite.
Hernandez initially testified that he was facing the rungs of the ladder with both hands on the rails as he descended, but later testified that he descended facing away from the ladder with only his right hand on it.
According to Hernandez,
The Nevada Workers’ Compensation Section has set dates for training sessions during July.
All training is held electronically via Microsoft Teams. There is no charge, and all materials are provided.
Times, dates and topics are as follows:
11 a.m. Pacific Wednesday, Workers’ Compensation and Nevada Employers.
11 a.m. Pacific July 15, C-4 Form Healthcare Provider Responsibilities and Coverage Verification Service (CVS).
11 a.m. Pacific July 22, Deep Dive Into D-35.
11 a.m. Pacific July 29, Medical Billing.
To sig
The Louisiana Supreme Court ruled that a worker’s forfeiture of benefits for making a willful misrepresentation applies prospectively from the date of the misrepresentation, not retroactively to the date of injury.
Johnny Cousain worked for Smitty’s Supply Inc. He was involved in a work-related motor vehicle accident in June 2021.
Cousain reported the accident to his employer on the day it happened, and he denied having any injuries at that time.
He was terminated two days later. Cousain then reported neck and back injuries to Smitty’s by letter, through counsel, demanding
An Ohio appellate court ruled that a worker was not entitled to relief from the filing deadline to challenge an Industrial Commission decision.
Case: State ex rel. Cordle v. Industrial Commission, No. 25AP-484, 06/11/2026, published.
Facts and procedural history: Jayden M. Cordle worked for Gracely Lawn Care Inc. He allegedly injured his left wrist at work in July 2024.
The Bureau of Workers’ Compensation allowed Cordle’s claim for a strain, sprain and contusion.
A district hearing officer expanded the claim to include a partial tear of the left scapholunate ligament. The DHO a
West Virginia’s Intermediate Court of Appeals overturned a decision that closed a worker’s entitlement to temporary total disability benefits.
Case: McCormick v. Orgill Inc., No. 25-ICA-446, 06/02/2026, published.
Facts and procedural history: Amanda McCormick worked for Orgill Inc. She filed a workers’ compensation claim in January 2024, asserting that she had injured her right shoulder while pushing freight on a conveyor belt.
An administrator for Orgill’s insurance carrier denied the claim.
McCormick underwent a magnetic resonance imaging scan in October 202
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his fall from a ladder, as well as the denial of the defendant’s motion for leave to amend its answer to assert an affirmative defense of fraud.
Case: Carranza-Rafael v. LRC Construction LLC, No. 34910/20, 06/11/2026, published.
Facts: Hilmer German Carranza-Rafael allegedly suffered injuries from a fall from a ladder while doing drywall work.
According to Carranza-Rafael, he was nailing down the drywall while standing on an A-frame ladder that suddenly started moving to one side. Car
A New York appellate court ruled that an agreement not to sue certain entities did not bar a worker's claim against one of them.
Case: Fehringer v. MLJ Contracting Corp., No. 2023-11624, 06/17/2026, published.
Facts and procedural history: Peter Fehringer worked for Garden State Engineering, Surveying & Planning of New York Inc. He allegedly suffered injuries while working at a jobsite when he tripped and fell over construction debris.
After the alleged accident, Fehringer and Garden State entered into an agreement in which Fehringer promised he would not sue MLJ
A Washington farm labor contractor faces stiff fines for labor violations, including failure to provide farmworkers with required information about wages and job conditions.
The Washington State Department of Labor & Industries cited Superbee Contracting LLC, of Moxee in Yakima County, on June 16 for allegedly breaking farmworker protection laws involving nearly 1,200 laborers at farms in several counties, as well as one in Oregon. The company is on the hook for $700,000 in fines, L&I said.
In a separate case, Superbee’s controller and business agent, G
The U.S. Department of Labor announced the availability of $12.7 million in grants for training and education to identify and prevent workplace safety and health hazards in small businesses.
The DOL's Occupational Safety and Health Administration administers the grants, aimed at funding safety training in industries with high injury, illness and fatality rates.
The grants will support training and education on hazard awareness, inform workers of their rights and make employers aware of their responsibilities under the Occupational Safety and Health Act.
Applicants may app
A recent workers' compensation rate reduction means Ohio's private employers are paying $10 million less in premium, the state's comp insurance agency said.
The Ohio Bureau of Workers' Compensation's most recent cut of 1% took effect Wednesday. A previous 1% cut became effective on Jan. 1, resulting in $2 million in savings, BWC said.
“This reduction is a reflection of Ohio's focus on workplace safety," said Gov. Mike DeWine. "The hard work and dedication that Ohio employers put into workplace safety is what has allowed us to reduce rate
