TN - High Court Defines Aggravation of Preexisting Condition Under 2013 Reforms
12/24/2025 | 0
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 ...
Read More
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...
As California’s Assembly Bill 5, AB 2257, Proposition 22 and the millions of dollars poured into that campaign have all demonstrated, whether a hiring party can prove that a worker is an independent contractor makes all the difference in the world.
This status can give rise to significant cost savings, including relief from payroll taxes, avoidance of workers’ compensation coverage and steering clear of overtime or minimum wages.
Although it has attracted little attention from the workers’ compensation industry in the last couple of years, a significant piece ...
New Jersey lawmakers passed a bill that would require using the market value of room and board paid to workers when calculating benefits.
The Assembly on Monday voted 72-1 to pass S3772, which the Senate passed 38-0 on Thursday.
New Jersey law assumes that the value of board or lodging provided by an employer is $25 a week, unless a different amount is fixed at the time of hiring.
S3772, by Sen. Joseph Lagana, D-Paramus, would require using the market value of employer-furnished board and lodging, unless a different amount is fixed at the time of hiring.
Additionally, if an injured worker ...
The Texas Division of Workers' Compensation said a recent audit uncovered opportunities to improve prescribing practices, particularly in aligning treatment decisions with medical treatment guidelines.
The DWC in 2023 announced an audit of providers prescribing gabapentin or pregabalin in combination with opioids. The purpose of the audit was to ensure that practitioners adhered to Official Disability Guidelines recommendations and accepted standards when using the medications, the division said.
While the audit did not uncover any activities that required referrals to the division's...
The New Mexico Court of Appeals ruled that injured workers who challenged the constitutionality of a cap on attorney fees are not entitled to additional compensation.
David Pena and Eugene Trujillo maxed out their attorney fee awards at the administrative level. Trujillo received $22,500 in attorney fees. Pena suffered two injuries and was awarded $45,000.
Trujillo argued for an attorney fee of $73,000 to $90,000, and Pena requested $122,600.
The Court of Appeals certified questions for the high court to review, including whether the work comp attorney fee cap conflicts with court rules and...
The growing role of artificial intelligence in workers' compensation will be highlighted at the California Division of Workers' Compensation's 33rd annual educational conference, with three sessions focused on how the technology is being used.
One session will cover the "good, bad and ugly of artificial intelligence in health care and workers' compensation," according to the agenda the division posted last week. Another session will provide a national perspective on AI in work comp. A third will focus on ensuring trust and effective collaboration using AI.
Other ses...
An Ohio man who claimed he was paralyzed after a workplace electric shock pleaded guilty to theft of government property and wire fraud, and he was sentenced to 31 months in federal prison and ordered to pay $537,071 in restitution, the Bureau of Workers' Compensation announced.
Michael Honaker claimed he was paralyzed and cognitively impaired after being shocked at work in 1998. The bureau said it launched an investigation after receiving a tip that he was able to drive a car and motorcycle.
"The investigation revealed that despite Honaker’s portrayal of being paral...
The Texas Division of Workers' Compensation is reducing the discount rate used to calculate the present value of future weekly payments for lump-sum settlements.
The discount rate for the first three months of 2026 will be 7.01%, down from 7.12% in the final quarter of 2025.
Every three months, the division adjusts the rate and sets it at a level equal to the U.S. Treasury constant maturity rate for one-year Treasury bills, plus 3.5%.
More information, including a chart of historical rates, is here.
...
A U.S. Postal Service worker was indicted for allegedly failing to disclose a divorce, thereby collecting augmented workers' compensation benefits to which she was not entitled, according to federal prosecutors in Illinois.
Graciela Venegas started collecting workers' compensation benefits in 2012, according to the U.S. Attorney's Office for the Northern District of Illinois. She claimed her spouse as a dependent, which entitled her to receive augmented benefits.
Workers without any dependents receive benefits at two-thirds of their preinjury earnings. Workers with at least one d...
A federal appellate court upheld the summary dismissal of a longshoreman’s claims for his injuries from a fall from a ladder leading to a ship’s cargo hold.
Case: Alvarado v. Briese Schiffahrts GmbH & Co. KG MS Sapphire, No. 24-20476, 12/08/2025, published.
Facts: Stevedoring company Jacintoport International was the borrowing employer of temporary laborers provided by staffing agency Labor Finders. JPI and Labor Finders separately secured workers’ compensation coverage for the temp laborers.
In December 2020, Labor Finders assigned Alberto Alvarado to ...
SC - Lawmakers Move to Boost Worker Protections, Transparency
South Carolina lawmakers have introduced a pair of bills to strengthen protections for injured workers by increasing transparency in the workers' compensation claims process and raising minimum benefit levels for those who are totally disabled.
House Bill 4820, introduced Dec. 16 and referred to the Committee on Judiciary, would increase the minimum weekly compensation rate for workers who are totally disabled, from $75 to $150, beginning July 1, 2027. Under current law, workers receive two-thirds of their average weekly wages, subject to minimum and maximum limits.
The bill would also e...
A Texas appellate court, in a case of first impression, held that a Houston Police Academy cadet is covered by the waiver of governmental immunity that allows first responders to sue their employers for workers' compensation retaliation.
Mercedes Hirsch was injured in a physical agility test while training to become a Houston police officer. She said a campaign of harassment began after she filed a workers' compensation claim.
She sued the city for discrimination in December 2023.
A trial court initially dismissed her case, finding that governmental immunity prevented it from hearin...
A federal appellate court ruled that an Ohio employer’s insurance carriers had no obligation to indemnify it for the settlement it paid to the family of a worker who was killed on the job.
Case: Encore Industries Inc. v. Travelers Property Casualty Co. of America, No. 25-3076, 12/08/2025, unpublished.
Facts: Todd Shaffer worked for Encore Industries Inc., an Ohio-based plastics manufacturer. He was killed at work in 2021 while attempting to clear a jam in a thermoforming trim press machine.
Encore had insurance coverage from both Travelers Property Casualty Co. and American ...