IA - Supreme Court Grants General Contractor JNOV on Civil Claim by Subcontractor's Employee
04/15/2026 | 0
The Iowa Supreme Court ruled that D.R. Horton was entitled to a judgment notwithstanding a jury verdict that found it liable for a trench accident that injured a subcontractor’s employee.
The high court said Tim Kono did not identify any exceptions to the baseline rule that a general contractor doesn't owe a duty of care to the employees of a subcontractor.
"Whether a duty exists is a threshold question of law in a negligence case; the defendant cannot be held liable without it," the court said. "Because the district court erred in concluding that D.R. Horton owed Ko...
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The Commonwealth Court of Pennsylvania ruled that a retail seller of medical supplies is not a medical provider.
Case: Scomed Supply v. Hartford Accident & Indemnity Co., No. 79 C.D. 2025, 03/16/2026, published.
Facts and procedural history: Scomed Supply is a retail seller of medical supplies. It dispensed medical goods to Pedro Velez III, including electrodes, batteries, lead wires, moisturizer and alcohol wipes. The materials are necessary for the use of a transcutaneous electrical nerve stimulation unit prescribed by Velez’s physician for the treatment of a work injur...
A New York appellate court ruled that a worker injured by falling pieces of drywall was entitled to summary judgment on her Labor Law claim.
Case: Carranza v. RXR Church-Division Tower A. Holdings LLC, No. 807623/21, 03/26/2026, published.
Facts: Rosita Elvira Martinez Carranza suffered injuries while working on a construction project. She was transporting drywall on a cart, as the site foreman had instructed her, when the cart got caught on debris and flipped, causing the drywall to fall on her.
The cart was carrying eight pieces of drywall, approximately 1-inch thick and weighing aro...
A New York appellate court upheld the denial of summary judgment on a Labor Law claim by a worker who fell from a ladder after an electrical explosion within 2 feet of his face.
Case: Arias v. Brooks Holdings Corp., No. 154787/19, 03/26/2026, published.
Facts: Nelson Arias worked for New York Interior Construction as a helper. In October 2016, Arias and his colleagues were working to renovate a unit in a cooperative apartment building in Manhattan.
At around 3 p.m., the electrician on the crew told Arias and another helper to run an electrical line from the unit's kitchen to the buildin...
The Division of Workers’ Compensation has added thorough quality assurance checklists for med-legal evaluators to its website that could also be useful for attorneys, hearing representatives and other practitioners as well.
A team of doctors, attorneys and judges teamed up and created the checklists in an effort to improve med-legal reporting by physicians in the workers’ compensation system. There is one checklist for most med-legal exams, and a second checklist that focuses on psych med-legal exams.
The checklists are available at this link.
A helpful tool in the...
The California Assembly Insurance Committee is scheduled to hear testimony on a bill proposing reforms to the Subsequent Injuries Benefits Trust Fund that mirrors a measure Gov. Gavin Newsom vetoed last year.
The committee is scheduled to hear testimony on AB 1576 when it meets on April 22. AB 2098, which would prohibit firing or threatening to fire an injured worker for getting treatment during the workday, is also on the agenda for the hearing.
AB 1576, by Assemblymember Liz Ortega, D-San Leandro, would require that injured workers seeking SIBTF benefits provide substantial evidence of a p...
The Alaska Senate passed a bill that would require companies such as DoorDash and Instacart to provide couriers with the same occupational accident coverage that companies such as Uber and Lyft must provide to their drivers.
The Senate on Monday voted 17-3 to pass SB 35, which Sen. Jesse Bjorkman said he introduced to create a level playing field for all workers involved in delivery and transportation network companies.
The law defines transportation network drivers as independent contractors. Companies contracting with drivers are required to provide a truncated version of workers' comp...
The Industrial Commission of Arizona approved updates to the 2026 Physicians' and Pharmaceutical Fee Schedule for services provided on or after May 1.
Changes to the fee schedule were driven largely by stakeholder input and include a new dental fee schedule that balances the needs of providers and payers, the commission said.
“The 2026 fee schedule updates largely reflect the insights and collaboration of the Arizona workers’ compensation community,” said ICA Medical Resource Office Manager Valerie Ruiz. “A primary example is the dental fee schedule rate table, wh...
NATL. - WCRI: Air Ambulance Costs Soar Despite Limited Use in Workers' Compensation
The use of air ambulance services in workers' compensation claims remains relatively rare but continues to drive significant costs, with payments rising sharply over the past decade, according to a report by the Workers Compensation Research Institute.
Air ambulances play a critical role in transporting severely injured workers, particularly in emergencies where rapid access to trauma care is essential. However, policymakers and payers are increasingly scrutinizing their cost, billing practices and regulatory oversight.
The report released Monday found that air ambulance utilization is h...
Preferred Employers Insurance on Tuesday announced the appointment of Steve Houk as vice president and head of distribution.
Houk brings more than 25 years of insurance experience to the new position, including two decades in distribution leadership, Preferred said. He has directed distribution teams across Northern and Southern California and developed close partnerships with agents and brokers throughout the state.
In his new role, Houk will lead Preferred's overall distribution strategy and support the company's focus on maximizing risk-adjusted returns in California's wor...
The 1st District Court of Appeal of California published its decision finding that the Privette doctrine bars an ironworker's civil claim against a contractor.
The appellate court said Leonardo Cordero failed to provide evidence that raised a triable issue of fact about whether Ghilotti Construction Co. Inc. retained control of workplace safety at a pedestrian bridge project in Menlo Park. The court also rejected the argument that the contractor breached a nondelegable regulatory duty to provide safe access to the workplace.
The decision was unpublished when the 1st DCA released it ...
An Ohio appellate court upheld the denial of a worker’s application for permanent total disability benefits.
Case: Fought v. Industrial Commission, No. 24AP-706, 03/12/2026, published.
Facts and procedural history: Jason Fought worked for CFA Staffing. He suffered injuries in August 2011 when a falling box struck him.
Fought established a workers’ compensation claim for multiple conditions and underwent several surgeries.
A functional capacity evaluator determined in March 2023 that Fought was capable of sedentary work.
A vocational rehabilitation peer reviewer opine...
A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim for his injuries from tripping over a loose pipe at a construction site.
Case: Tower v. Structure Tone LLC, No. 155169/20, 03/24/2026, published.
Facts: Philip Tower worked for Jacobson & Co. Inc.
While working at a property owned by TGA 730 Third Avenue Owner LLC, Tower needed to retrieve a new door from his employer's storage area, where the doors were stacked. Tower tripped over an 18-inch sprinkler pipe while walking the only route between the elevator and the storage a...
A New York appellate court ruled that a worker failed to prove the compensability of his carpal tunnel syndrome, which manifested years after he stopped working.
Case: Matter of Borrometi v. Verizon, No. CV-25-0804, 03/19/2026, published.
Facts and procedural history: Gerardo Borrometi worked for Verizon as a cable splicer. He stopped working in 2015 due to injuries for which he received workers’ compensation benefits.
In 2023, he filed a new claim for workers' compensation benefits, alleging that he had developed carpal tunnel syndrome in both hands and wrists as a result of repe...
The West Virginia Supreme Court upheld a determination that a judge did not suffer a compensable knee injury while descending a flight of stairs.
Case: Harper v. City of Elkins, No. 25-733, 03/24/2026, published.
Facts: Rebecca Harper worked for the City of Elkins as a municipal court judge. She allegedly injured her right knee while descending stairs at work in August 2014.
Harper testified that she did not slip or trip while descending the stairs; the only thing she was carrying at the time of the incident was her phone and her office keys in her left hand, and she did not notice any wetn...
Nebraska lawmakers voted to send the governor a bill that would keep injured workers' personal information confidential for 60 days after filing a claim and require that losses an employer reimburses under a deductible policy be credited against its experience modification.
The unicameral Legislature voted 37-12 on Friday to pass LB 455.
The bill would make first injury reports confidential for 60 days unless the employee waives confidentiality and allows the report to be available for public inspection. Confidential information includes the injured worker's name, address, telephone ...
