CA - Court Affirms Prejudgment Interest Nearly Double Amount of Unpaid Premiums
11/09/2026 | 0
A California appeals court affirmed a prejudgment interest award of more than $907,000 six months after upholding a trial judge's entry of a judgment notwithstanding a jury's verdict finding that State Compensation Insurance Fund was entitled to more than half a million in premium from an employer.
The Court of Appeal for the 4th District of California on Thursday rejected ReadyLink Healthcare's contention that the prejudgment interest award was not warranted, saying the carrier's damages resulting from the policy breach were certain and that the award was nondiscretionary.
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The Virginia Court of Appeals upheld the denial of a school employee’s claim for benefits arising from two alleged incidents.
Case: Robinson v. Hanover County Public Schools, No. 1598-25-2, 10/27/2026, unpublished.
Facts: Brooke Robinson worked as a positive-behavior-support coach and interventionist for Hanover County Public Schools. She fell to the floor while trying to assist a child in November 2022.
Afterward, Robinson felt pain in her pubic bone, pelvic bone, groin area and lower back. She sought treatment from several care providers. Nurse practitioner Stacy Jones diagnose
The Missouri Court of Appeals ruled that the workers’ compensation reduction provision in an automobile insurance policy was void as against public policy.
Case: Beaver v. American Family Insurance Co., No. ED114224, 10/27/2026, published.
Facts: In November 2023, Zachary Beaver was working in a roadway construction zone when he was struck by an uninsured motorist.
Beaver’s employer opened an administrative claim for his work-related injuries, and he received benefits from his employer’s workers' compensation carrier exceeding $500,000.
Beaver had an automob
A New York appellate court ruled that a worker struck by a falling object should have been granted partial summary judgment on his Labor Law claim.
Case: Magpantay v. New York City School Construction Authority, No. 2025-02465, 10/28/2026, published.
Facts: Bienvenido Magpantay allegedly sustained injuries while working on a construction site when a 20- to 25-pound U-head fell from above and struck him.
The New York City School Construction Authority was the general contractor for the project on property owned by the New York City Department of Education.
Procedural history: Magpantay file
Recently, we unpacked the impact of a federal program introducing artificial intelligence-driven prior authorization models into Medicare, with newly erected barriers to treatment potentially harming patients’ health.
Before committing Medicare more fully to the Wasteful and Inappropriate Service Reduction (WISeR) model, currently being piloted in six states, the federal government should look to California workers’ comp, where the consequences of excessive obstacles to care have been on display for years.
California workers’ comp is a
A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim for an alleged slip-and-fall accident.
Case: Schmeisser v. 685 First Realty Co. LLC, No. 2024-09687, 10/28/2026, published.
Facts: Edward Schmeisser allegedly suffered injuries when he slipped and fell while working at a construction site owned by 685 First Realty Co. LLC and managed by Second Ave. Solow Development Corp.
Procedural history: Schmeisser filed suit against First Realty and Solow, asserting a claim for a violation of Labor Law Section 241(6).
Section 241(6) imposes nonde
A Pennsylvania lawmaker announced plans to introduce legislation that would increase the minimum weekly workers' compensation payment to $200 from $100 for certain workers.
State Rep. Tim Brennan, D-Doylestown, announced his plans to introduce the legislation last week in a co-sponsorship memorandum circulated to members of the state House of Representatives.
The Workers' Compensation Advisory Council, a labor-management panel, unanimously recommended that the minimum benefit under Section 306(h) be increased to $200 a week for injuries occurring before Jan. 1, 2010.
Curre
In a high-profile case, a Florida appellate court applied a recent ruling that conditions disrupting electrical functions of the heart are covered by the state's heart disease presumption for firefighters.
The 1st District Court of Appeal on Thursday set aside the decision of a judge of compensation claims who found that Joseph Durden's atrial fibrillation was not covered by the presumption in Section 112.18(a). The court referred to its September decision in Village Center Community Development District v. Illeck, where it explained that it has long held that the presumptio
The Wyoming Supreme Court upheld a determination that a worker had reached maximum medical improvement for a back injury and that he was no longer entitled to temporary total disability benefits.
Case: Martinez v. State ex rel. Department of Workforce Services, No. S-26-0117, 11/04/2026, published.
Facts and procedural history: David Martinez was a maintenance worker for a veterinary clinic. He injured his back at work in March 2022.
Dr. Vincent Ross diagnosed a lumbar sprain, a thoracic sprain and muscle spasms.
The Workers’ Compensation Division accepted Martinez’s
An Ohio appellate court upheld the denial of a worker’s claim for benefits, finding that his employer established that he was intoxicated at the time of his injury and that his intoxication was the cause of his injury.
Case: Stephens v. U.S. Tsubaki Power Transmission, No. E-26-018, 10/27/2026, published.
Facts: Todd Stephens worked for U.S. Tsubaki Power Transmission. In August 2022, he was disassembling metal parts, using a vise and a hammer. Stephens told his supervisor that the vise was becoming loose. Stephens was tightening the vise when it slipped. He fell, injuri
A New York appellate court ruled that a worker’s failure to timely comply with a discovery order did not warrant the dismissal of his claim.
Case: Leader v 85 Quay Street LLC, No. 2025-06265, 10/28/2026, published.
Facts: Jamison Leader allegedly suffered injuries from a fall while working at a construction site owned by 85 Quay Street LLC.
Procedural history: In a preliminary conference order, Kings County Supreme Court Justice Leon Ruchelsman directed Leader to provide authorizations for medical treatment.
After Leader’s deposition, Quay served a post-deposition demand for su
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries from being struck by a falling beam.
Case: Oliveira v. 5462th Realty LLC, No. 150949/20 and 595539/24, 10/27/2026, published.
Facts: Edvaldo Nunes Oliveira suffered injuries while working on a construction project when an unseen object struck him in the back, causing him to fall.
Oliveira’s foreman testified that the object was a beam, and he took a video showing it lying on the ground.
One of Oliveira’s co-workers also testified that he accidentally hit
Registration for the California Division of Workers' Compensation's 34th annual Educational Conference, set for March, is now open.
Northern and Southern California regions will be covered by two events: Conferences will be held March 4-5, 2027, at the Oakland Marriott City Center Hotel and March 18-19, 2027, at the Los Angeles Airport Marriott.
DWC says the conferences are California’s largest workers’ compensation training sessions for claims administrators, medical providers, attorneys, employers, human resources professionals and others. Guests can
The California Workers' Compensation Institute on Wednesday reported that meloxicam has become the largest source of anti-inflammatory drug spending, with its share of payments jumping from less than 2% in 2020 to 30.8% last year, largely because of a small number of high-cost formulations.
CWCI also reports that the committee that advised the Division of Workers' Compensation on changes to the prescription drug formulary in 2020 and 2021 considered requiring prospective utilization review for the high-cost, novel formulations of the drug that appear to be driving the recent
The Pennsylvania Superior Court upheld a jury’s verdict finding a contractor liable for a catastrophic workplace injury suffered by a subcontractor’s employee struck by a train.
Case: Hernandez v. Independence Construction Corp., No. 1911 EDA 2023, 10/28/2026, published.
Facts: Jesse Hernandez worked for Minority Services Inc., a subcontractor of Independence Construction Corp. Both companies were owned by Steven Hare.
ICC had long-standing contracts with the South Eastern Pennsylvania Transportation Authority to perform janitorial services and maintenance work. ICC also co
The Kansas Court of Appeals ruled that the two-year period for an employer to invoke a statutory presumption that an injured worker no longer needs medical care begins to run on the date of the award of future medical benefits.
Case: Suarez-Cirino v. Menard Inc., No. 128,618, 10/23/2026, published.
Facts: Betzaida Suarez-Cirino worked for Menard Inc. She injured her left shoulder at work in February 2014.
Suarez-Cirino underwent conservative treatment, then surgery to repair a torn rotator cuff.
Suarez-Cirino returned to work on light duty. She was assigned to an inventory position, which
