MS - Split Supreme Court Says Estoppel Doesn't Bar Undisclosed Civil Suit
06/09/2026 | 0
A divided Mississippi Supreme Court ruled that judicial estoppel did not bar a worker from proceeding with a personal injury suit he failed to disclose in a prior bankruptcy proceeding.
Quinton Strong worked for Siemen’s Industry Inc. In May 2018, he was at work when a forklift operated by another worker pinned him against some pallets.
Strong did not know the identity of the operator or his employer at that time.
In January 2019, Strong filed a workers’ compensation claim and Chapter 13 bankruptcy. Strong hired different attorneys to handle each matter.
At the end of January 2
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The West Virginia Supreme Court upheld the denial of a truck driver’s claim for occupational pneumoconiosis.
Case: Henry v. City of Wheeling, No. 25-886, 06/01/2026, published.
Facts: William Henry went to the hospital in August 2023, complaining of sleep disturbance and shortness of breath.
About two weeks later, Henry returned to the hospital with hypertension and again complained of shortness of breath.
In October 2023, Henry saw Dr. Neal Aulick. Henry reported that in the last six months, his breathing issues had worsened and that he had been hospitalized for COVID-19.
Aulick di
A Louisiana appellate court overturned a worker’s award of supplemental earnings benefits and a $2,000 penalty against her employer.
Case: Kinchen v. Tangipahoa Parish School System, No. 22-00528, 05/20/2026, published.
Facts: Catherine Kinchen worked for the Tangipahoa Parish School System. She was working at the Florida Parish Juvenile Detention Center when she allegedly suffered damage to her hearing from a loud sound created by a metal shelf when it scraped across the floor in February 2021.
Procedural history: TPSS filed a motion to appoint an independent medical examiner, s
A New York appellate court ruled that a worker who fell from a scaffold should have been granted summary judgment on his Labor Law claim.
Case: Correa v. NY Developers & Management LLC, No. 2024-04391, 05/20/2026, published.
Facts: Kelvyn Correa allegedly was injured when he fell from a scaffold while assisting a plumber on a worksite.
Procedural history: Correa filed suit against NY Developers & Management LLC, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his fall from a ladder.
Case: Diaz v. Boston Properties Inc., No. 151421/22, 05/19/2026, published.
Facts: Salvador Diaz allegedly suffered injuries while working on a construction project when he fell from a ladder.
According to Diaz, he fell because he lost his balance, and the ladder on which he was standing shook.
Procedural history: Diaz filed suit against Boston Properties Inc., Petretti & Associates LLC and Sovereign Mechanical Corp. He asserted a claim for a
A New York appellate court ruled that a worker was not entitled to summary judgment for his alleged injuries from a Bobcat accident.
Case: Maza v. 120 East 144 LLC, No. 819431/23, 05/19/2026, published.
Facts: Jhonatan Maza allegedly suffered a crush injury to his left foot while working on a demolition project at a property owned by 120 East 144 LLC.
According to Maza, the injury occurred when a 1,000-pound bucket attachment on a Bobcat compact excavator fell on his foot while he was switching it out for another attachment.
Procedural history: Maza filed suit against 120 East, assert
The Workers’ Compensation Insurance Rating Bureau of California has released its updated experience modification estimator, which is based on the experience rating values approved by the insurance commissioner as part of the Sept. 1, 2026, regulatory rate filing.
Insurers, agents and brokers use the estimator to evaluate payroll and claims that could affect a policyholder’s experience modification on or after Sept. 1, 2026.
Users can input payroll, classification and claims data to calculate estimated X-mods based on approved values from the Californ
The Industrial Commission of Arizona announced that the state's 2027 maximum average monthly wage will increase by 3.3%.
The new wage is $6,333.32 for injuries that occur during calendar year 2027, up from $6,131, and is based on the U.S. Bureau of Labor Statistics' Employment Cost Index for Wages and Salaries, Civilian Workers, by Occupational Group and Industry, All Workers, ICA said.
More information on Arizona's average monthly wage may be found on the Industrial Commission's website.
The California Senate is proposing to condition a small portion of the Division of Workers' Compensation's budget on the enactment of Gov. Gavin Newsom's proposed reforms to the state's second injury fund.
The budget maneuver could signal that the administration is committed to pushing controversial budget language forward and that the dispute could carry on past the June budget deadline into the end of the legislative session.
Newsom's administration earlier this year proposed tightening eligibility standards for the Subsequent Injuries Benefits Trust Fund after mor
A Louisiana appellate court upheld the assessment of penalties and fees on an employer for its delay in providing treatment to an injured employee.
Case: Jardneaux v. Guernsey Holdings SDI TX Holdings Co. LLC, No. 25-548, 05/13/2026, published.
Facts: Tammi Jardneaux worked as a carhop at the Kinder Sonic. She passed out at work in May 2024, falling from a chair and striking her head on the concrete floor.
Jardneaux was taken by ambulance to a local hospital, then airlifted to another hospital, where she was treated for a stroke.
After two days in the hospital, Jardneaux went to see her fa
The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a broken leg.
Case: Blackhawk Mining LLC v. Weis, No. 25-889, 06/01/2026, published.
Facts: Christian Weis worked for Blackhawk Mining LLC. He filed a workers’ compensation claim for an injury to his left leg, which occurred on Oct. 5, 2022.
Weis said he was driving a truck and came around a corner, hit another vehicle and became pinned inside the cab.
On Oct. 6, 2022, Weis underwent an open reduction internal fixation of the left tibia.
A claims administrator for Blackhawk&
A New York appellate court upheld the summary dismissal of a worker’s Labor Law claim for a trip-and-fall accident.
Case: Famula v. Kiewit-Weeks-Massman AJV, No. 31087/18, 05/14/2026, published.
Facts: Thomas Famula suffered injuries when he tripped while walking on an outdoor deck that was temporarily constructed to allow workers to demolish a bridge. He tripped on a small, raised piece of square plywood that had been fastened to the deck's surface to cover a hole.
Procedural history: Famula filed suit against Kiewit-Weeks-Massman AJV, asserting a claim for a violation of Labor L
A New York appellate court ruled that a worker was entitled to summary judgment for his injuries from a fall at a construction site.
Case: Perez v. Tanya Towers Inc., No. 28519/20, 05/19/2026, published.
Facts: Caesar Perez suffered injuries while working on a construction project when he was ordered to climb tubing to access an elevated sidewalk bridge to remove wood.
While Perez was climbing, the tubing came loose, causing him to fall.
Procedural history: Perez filed suit against Tanya Towers Inc., asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes abs
Even if the federal government goes forward with a proposal to formally acknowledge legitimate medical uses for cannabis, the drug would not be available to federal employees who are injured on the job, under a labor appropriations bill passed Friday.
The Labor, Health and Human Services, Education and Related Agencies Subcommittee of the House Appropriations Committee voted 11-7 to appropriate $189.3 billion for fiscal year 2027.
Among other things, the measure explicitly prohibits the federal government from providing cannabis to injured federal workers.
"None of the funds made avail
Workers' compensation is the exclusive remedy for the family and estate of a worker who was murdered during an unpaid lunch break in his employer's parking lot, a California appeals court ruled.
Kevin Wrenne, 29, worked at a Taco Bell in downtown Redding. He was stabbed five times in the neck and chest in an unprovoked attack while taking his lunch break on March 28, 2022.
"The exclusive remedy provisions of the WCA apply here because Wrenne's injuries arose out of and occurred in the course of his employment with Taco Bell," the 3rd District Court of Appeal said in an
