KY - Court Upholds Coal Miner's Comp Retaliation Verdict
06/16/2026 | 0
A Kentucky appeals court on Friday upheld a jury verdict in favor of a coal miner who alleged that he was laid off in retaliation for seeking workers' compensation medical benefits, but ordered a trial court to reconsider his attorney fee award.
The Kentucky Court of Appeals on Friday affirmed a Pike Circuit Court judgment in favor of Abram Scott Adkins in Lazarus Coal LLC v. Abram Scott Adkins, but vacated an $8,000 attorney fee award and remanded for further findings.
Lazarus Coal hired Adkins as a roof bolter in August 2022. On Feb. 16, 2023, a rock fell on his arm while he was w
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A Texas appellate court ruled that a municipal defendant’s failure to challenge every possible basis for the denial of its motion for summary judgment required affirmance of the denial.
Pamela Rousseau allegedly suffered injuries as a result of a slip and fall at the George Bush Intercontinental Airport.
Following the denial of her workers’ compensation claim, Rousseau filed a civil suit against the City of Houston.
The city filed a traditional motion for summary judgment based on governmental immunity. It argued that the trial court lacked subject matter jurisdiction over
The Montana Workers’ Compensation Court granted summary judgment for a worker, ordering the State Fund to reopen her medical benefits and adjust her claim.
Case: Munn v. Montana State Fund, No. MSF-2026-0000003-MISC, 05/18/2026, published.
Facts and procedural history: Holly Munn worked for Head Start Inc. She suffered injuries at work in March 2019.
At the time, Head Start had workers’ compensation coverage through Montana State Fund.
State Fund accepted liability for an acute cervical muscle spasm and an acute thoracic muscle spasm. State Fund denied liability for Munn&
West Virginia’s Intermediate Court of Appeals ruled that an electrician was entitled to expand his claim to include his major depressive disorder, but not his generalized anxiety disorder.
Case: United Coal Co. LLC v. B.C., No. 25-ICA-449, 06/02/2026, published.
Facts: An electrician identified in court documents by his initials B.C. filed a workers’ compensation claim for injuries he sustained in June 2021 when a rock fell on him while he was working in a mine owned by United Coal Co. LLC.
Personnel at Raleigh General Hospital completed the physicians’ section of th
In a word, limbo.
The Biden administration allowed the rule development process to drag on through seemingly endless comment periods, rewrites and updates. Sure, there are “requirements” for rules, but the rulemaking process can usually be streamlined when circumstances create emergencies.
Argh.
The Trump administration has parked the regs and will not move forward. But OSHA can, technically, still oversee potential heat issues.
From the OSHA Chronicle:
OSHA will continue to cite employers for heat stress hazards under the General Duty Clause. In reinforci
A New York appellate court upheld a determination that a worker was entitled to diagnostic hearing tests.
Case: Matter of Clement v. Colwell Brothers, No. CV-24-1878, 05/28/2026, published.
Facts: George Clement established a workers' compensation claim for an occupational disease of binaural hearing loss in 1989. He received a 23% schedule loss-of-use award.
In 2022, liability for the claim was transferred to the Special Funds by operation of law.
In 2023, Sarah Sugden, an audiologist, filed a prior authorization request seeking approval for diagnostic testing, including tympanom
A New York appellate court said the Workers’ Compensation Board abused its discretion in denying a worker’s request for review due to deficiencies in her application.
Case: Matter of Price v. Premium Brands Opco LLC, No. CV-25-0913, 05/28/2026, published.
Facts and procedural history: Jennifer Price was the assistant manager at a retail store. She filed a workers’ compensation claim after she tripped and fell at work in November 2023.
A workers’ compensation judge established the claim for a work-related injury to Price’s cervical spine but found that she
A New York appellate court upheld the denial of a worker’s hearing loss claim.
Case: Matter of Kowalski v. A Quest Corp., No. CV-24-2073, 05/28/2026, published.
Facts: Krzysztof Kowalski worked for numerous employers as an asbestos handler between 1965 and 2016. His prior employers included A Quest Corp., PAL Environmental Safety Corp., D&S Restoration Inc. and Pinnacle Environmental Corp.
Procedural history: In January 2017, Kowalski filed an occupational disease claim, alleging a date of injury or onset of illness of April 16, 2016, and that, while working for Vestar Inc.,
The Washington Court of Appeals said an employer may be liable for negligence toward workers' not-yet-conceived offspring.
Case: Bauer v. Boeing Co., No. 87593-1-I, 05/18/2026, published.
Facts: Thomas Bauer worked for Boeing Co. as an electrical installer. He was allegedly exposed to chemicals through inhalation, ingestion and dermal contact that are capable of harming the unborn child and future offspring.
While working at Boeing, Bauer and his wife had a baby in 2017. The child was born with permanent and disabling defects.
Since the 1970s, peer-reviewed epidemiologic
A Florida appellate court upheld the denial of a municipal worker’s request for psychiatric treatment.
Edward Koren worked for the City of Kissimmee. He suffered injuries at work in December 2019 when a board gave way on a deck he was repairing.
The city accepted the accident as compensable and authorized treatment with multiple doctors, including an ear, nose and throat specialist, dentist, orthopedist and plastic surgeon.
In October 2022, Koren saw Dr. Edgar Ruano, a psychiatrist. Ruano reported disfigurement of Koren’s upper lip and diagnosed him with adjustment di
The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for an injury to his left hand.
Case: ACNR Resources Inc. v. Kellison, No. 25-823, 06/01/2026, published.
Facts: Shine Kellison worked for ACNR Resources Inc. He suffered injuries at work in March 2023 when a piece of steel fell and struck his left hand and thumb.
Nurse Mary Craft treated Kellison on the date of his injury. X-rays did not show an acute fracture or other abnormality. Craft completed a report of injury and listed the diagnosis code for a crushing injury of the left hand a
The Georgia Court of Appeals on Friday affirmed the dismissal of tort claims filed by the parents of a 16-year-old worker who was killed while operating heavy machinery at a construction site, ruling that the state’s workers' compensation law provided the exclusive remedy.
In Thigpen et al. v. Prickett et al., the appeals court held that Brian and Patricia Thigpen, individually and as surviving parents of Brian Thigpen Jr., could not pursue tort claims against Raymond Prickett, Brian’s supervisor at Terra Excavating.
Brian, who was new to operating heavy machinery, had b
A New York appellate court upheld a grant of summary judgment on a carpenter’s Labor Law claim for his injuries from a trip-and-fall accident.
Case: Berardi v. 900 Third Avenue LP, No. 156323/21, 595059/22, 05/28/2026, published.
Facts: Christopher Berardi, a carpenter, allegedly suffered injuries when he tripped on a tarp that covered a corridor as he was pushing a cart to deliver glass to newly constructed offices in a renovation project.
The building was owned by 900 Third Avenue LP, a subsidiary of Paramount Group Inc. Gannon Contracting LLC served as the general contractor on the
A New York appellate court upheld a decision by the Workers' Compensation Board finding that the insurance carrier from which a professional employer organization had purchased coverage was liable for a worker’s benefits.
Case: Matter of Rodriguez v. Sky Materials Corp., No. CV-24-1975, 05/28/2026, published.
Facts: Zoilo Cruz Rodriguez was working on a construction site when he tripped and fell while carrying a metal beam. He filed two claim forms for workers' compensation benefits, naming his employer as Sky Structures Corp. and Sky Materials Corp., respectivel
A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing a worker’s claims against it, as well as the cross-claims against it.
Case: Rosario v. C.C. Controlled Combustion Co. Inc., No. 816166/21, 05/26/2026, published.
Facts: Pedro Rosario suffered injuries while installing an oil tank in the basement of a building owned by 2350 Broadway Associates LLC.
According to Rosario, he was struck by a piece of the tank when it detached and fell from an electric chain hoist owned by his employer.
C.C. Controlled Combustion
A Texas appellate court upheld a take-nothing judgment against a manufacturer on a worker’s negligence claim.
Bell Textron Inc. produces helicopters, and at its Grand Prairie facility, it makes transmission parts. To ensure that its helicopters can operate in harsh conditions, Bell coats the transmission parts with cadmium to protect against corrosion.
Before the cadmium can be applied, the parts must be cleaned with hydrochloric acid and cyanide. Because acid and cyanide can cause a dangerous chemical reaction when mixed, they are kept in separate tanks.
To ensure safety during the c
