TN - High Court Creates Employment Test for Vendor Relationships
12/26/2025 | 0
The Tennessee Supreme Court, in reversing lower court decisions dismissing a sales representative's negligence action, created an initial test to assess the nature of a vendor agreement before delving into whether a vendor can be considered a statutory employer.
To determine whether Section 50-6-113 applies, the high court formally adopted the predominant purpose test for business relationships involving goods and services, with the warning that the written contract doesn't necessarily dictate the outcome. Courts must assess whether services rendered are incidental to the sale of good...
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TN - Court Orders Psychiatric Care After Cement Truck Rollover
A Tennessee workers' compensation judge ordered a concrete supplier to provide a panel of psychiatrists to an injured truck driver, finding that she is likely to prevail at trial on her claim that a traumatic rollover crash caused compensable mental injuries.
In an expedited order issued Tuesday, a judge with the Tennessee Court of Workers’ Compensation Claims ruled that the employee, who survived a downhill brake failure and rollover in a cement mixer, is entitled to psychiatric treatment for post-traumatic stress disorder and major depressive disorder linked to the accident, accor...
A New York appellate court upheld a grant of summary judgment for a worker on his Labor Law claim for a fall from a ladder.
Case: Aguilar v. 58 Gerry St. LLC, No. 2024-06611, 12/10/2025, published.
Facts: Jose Aguilar allegedly sustained injuries when he fell from a ladder while working on a construction project.
Procedural history: Aguilar filed suit against 58 Gerry St. 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 to provide safety devices to protect worker...
A federal appellate court said an administrative law judge sufficiently explained the medical opinions and evidence that supported a finding that a worker was totally disabled by pneumoconiosis arising from working in a coal mine.
Case: Clinchfield Coal Co. et al. v. Director Office of Workers' Compensation Programs et al., No. 24-1875, 12/23/2025, unpublished.
Facts and procedural history: Johnny L. Wallace filed a claim for black lung benefits in July 2019. Clinchfield Coal Co. disputed a proposed order awarding benefits and requested a hearing.
After the hearing, an administrative la...
Summaries and analyses of new case law dominated Bradford and Barthel’s list of top 10 blogs of the year, as practitioners saw more noteworthy decisions than usual in 2025.
We at the Law Offices of Bradford and Barthel write about many topics, ranging from “how to” and educational pieces to blogs about breaking news and developments. This past year, we saw more citable and noteworthy decisions from the powers that be than we have in prior years.
The other notable trend that was a common theme among our blogs was rising costs at the Subsequent Injuries Benefits Trus...
Injured workers would be allowed to enter settlements regardless of their age, and the Washington State Department of Labor and Industries would be required to disclose more information relating to its annual rate proposal, under a pair of bills introduced by a Spokane Valley Republican.
Rep. Suzanne Schmidt on Tuesday introduced HB 2189, which would eliminate the requirement that injured workers be at least 50 to initiate a claim resolution settlement.
Reforms enacted in 2011 allowed workers 55 and older to enter structured settlements and included provisions automatically lowering the ...
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 ...
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...
Sacramento, CA – [December 10, 2025] – Today, POWER proudly announced its official launch as a laser-focused non-profit organized to take direct action against fraud and criminal activity in California’s temporary staffing industry.
“One of the biggest crimes taking place in California’s workforce is hiding in plain sight. The temporary staffing industry has become a largely unregulated playground for criminals—one ...
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...
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.
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