KY - Carrier Can Pierce Corporate Veil of Former Insured
09/17/2026 | 0
A federal appellate court ruled that the workers’ compensation carrier for a now-defunct coal mine staffing company was entitled to pierce the corporate veil and void the transfer of the company’s assets to its three shareholder-directors.
Star Mine, a now-defunct Kentucky corporation, once operated as a coal mine staffing provider.
Kenneth Taylor Jr., Lee Bowles, and Todd P’Pool comprised the company’s board of directors and were its only corporate officers.
Star Mine obtained workers’ compensation coverage for which it would pay an estimated premium based on
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The Oregon Court of Appeals upheld the denial of a worker’s claim for benefits for his diagnosis of adjustment disorder.
Case: Hayes v. Trimet, No. 864, 09/10/2026, unpublished.
Facts: Ronald Hayes worked for Trimet. He filed a workers’ compensation claim seeking benefits for his diagnosis of adjustment disorder.
Dr. Donna Wicher diagnosed Hayes with adjustment disorder with depressed features.
She initially said that 60% of the cause of the adjustment disorder was a 2023 work event that occurred while Hayes was driving a bus for employer and 40% of the cause was preexisting pe
The Oregon Workers' Compensation Division said announced plans to review the timeliness and accuracy of payments for arbiter and interpreter services.
The division said it will audit a sample of medical billing payments issued from April 1, 2025, through March 31, 2026, for arbiter and interpreter services. The focus of the review will be to assess the timeliness and accuracy of payments and to identify systemic issues or noncompliance patterns.
Insurers could face civil penalties if the division finds they are not paying bills correctly.
The WCD said it will contact carriers soon to sc
A New York appellate court ruled that a worker who fell on a permanent staircase at a construction site should have been granted summary judgment on his Labor Law claim.
Case: Riley v. Memorial Sloan-Kettering Cancer Center, No. 156397/20, 595116/21, 09/10/2026, published.
Facts: Michael Riley suffered injuries while working on a construction project at the Memorial Sloan-Kettering Cancer Center when he fell down a permanent staircase.
Procedural history: Riley filed suit against MSK and the JGN Construction Corp., asserting claims for negligence and violations of the Labor Law.
JGN filed
SAN DIEGO, Calif. (September 11, 2026) On the 25th anniversary of September 11, Health & Safety Leadership Alliance and Institutes of Health (IOH) today issued five recommendations designed to reduce delays between a first responder's request for help and the start of coordinated treatment.
First responders are trained to take control of emergencies and keep functioning under pressure so they can protect others. Asking
If you are anything like the average individual, there is something uniquely fascinating about watching professional athletes showcase their extraordinary talent, skills and strengths, as they are the modern-day version of gladiators. But that also presents an interesting question that most people don’t think about: What about when these athletes get injured? What benefits are they entitled to?
Are professional athletes subject to specific rules or regulations within the workers’ compensation system? While they are evaluated under the standard workers’ compensation
The Louisiana Association of Self-Insured Employers is holding its annual conference Nov. 11-13 in Baton Rouge.
The conference will feature a legislative and legal update, as well as sessions exploring strategies for self-insured employers, best practices for handling high-stakes claims and a review of workers' compensation cost drivers including medical cost traps and provider practices.
LASIE said there will be 12 hours of continuing education credits in industry-related fields.
The 2026 conference is at the Crowne Plaza Hotel, 4728 Constitution Ave. in Baton Rouge.
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The Commonwealth Court of Pennsylania upheld the denial of a self-represented worker’s claim that she was injured by sitting in an uncomfortable position while working from home during the COVID-19 pandemic.
Sharon Graaf worked for the Scranton Counseling Center. She filed a workers’ compensation claim asserting she had suffered a work injury in August 2020.
Graaf asserted she had bilateral carpal tunnel syndrome and the aggravation of her cervical degenerative disc disease. She sought temporary total disability and partial disability benefits, plus medical bills and attorney fee
A New York appellate court dismissed an employer’s challenge to an employee’s psychological injury claim as moot.
Case: Parkinson v. Manhattan and Bronx Surface Transit Operating Authority, No. CV-25-0636, 09/10/2026, published.
Facts: Fritz-Michael Parkinson was a bus driver for the Manhattan and Bronx Surface Transit Operating Authority. He filed a claim for workers’ compensation benefits asserting that he suffered a psychological injury after he witnessed a box truck run over and kill a bicyclist.
Procedural history: A workers’ compensation judge established the c
The California Division of Workers' Compensation is holding a public hearing Oct. 16 to discuss what appears to be a proposal to update the treatment guidelines for knee injuries.
The division on Tuesday afternoon amended Newsline 2026-74 to indicate that the agency is proposing to amend Section 9792.23.6 to adopt the Knee Disorders Guideline that the American College of Occupational and Environmental Medicine revised July 8.
Section 9792.23.6 currently incorporates into the Medical Treatment Utilization Schedule a December 2019 version of ACOEM's knee guideline.
The DWC also said i
Sacramento, CA — September 15, 2026 — APEX Investigation® today named Jeff Kool as Chief Operating Officer. Kool was the company’s first employee nearly thirty years ago before departing for a career in law enforcement — one that concludes this year with his retirement from the Roseville Police Department after over 23 years of service.
“Jeff, who nearly three decades ago was APEX&
The National Council on Compensation Insurance said that the topics of interest in state and federal bills monitored in 2026 were mainly consistent with topics from prior years.
However, there was a noticeable increase in bills determining when workers are employees and when they're independent contractors, and a related increase in bills proposing portable benefits packages for independent contractors.
Louisiana, Oklahoma and Virginia enacted bills related to worker classification, NCCI said.
In Louisiana, HB 185 expands the definition of independent contractor to include employe
The Oklahoma Workers' Compensation Commission will hold its annual educational conference Oct. 27-28 in Stillwater.
The conference will feature a panel discussion of common procedural and substantive issues in cases, with an administrative law judge providing a perspective on case preparation and presentation. Another session will cover the administrative hearing process with tips for attorneys and workers' compensation professionals.
Sessions are scheduled to cover other topics including medical causation, independent medical exams and ethical considerations. One session will explor
The California Division of Workers' Compensation announced that its Pharmacy and Therapeutics Committee is meeting virtually Oct. 21.
Committee members are scheduled to discuss topical drug products, GLP-1 drugs and biologics during the meeting. The committee will also discuss proton pump inhibitors and H2 blockers, both of which reduce stomach acid production.
The P&T Committee was created to advise the DWC on evidence-based updates to the prescription drug formulary in the Medical Treatment Utilization Schedule.
The committee meets Oct. 21 from 12:30-2:30 p.m.
Instructions
The Kentucky Court of Appeals upheld a determination that a former firefighter was entitled to a total left knee replacement as treatment for a work injury.
Adam Middleton, a firefighter for the Lexington-Fayette Urban County Government, as a firefighter, He injured his left knee while at work in July 2017.
Middleton filed a workers’ compensation claim, which the county settled in November 2018,
As part of the settlement, Middleton received a lump-sum payment while preserving his right to future medical benefits associated with the injury. The settlement agreement described the compen
A New York appellate court upheld the summary dismissal of a workers’ compensation consultant’s breach of contract claim against a client of its alleged predecessor-in-interest.
Case: Compensation Guidance Inc. v. Aspro Plumbing Inc., No. 2024-12093, 09/02/2026, published.
Facts and procedural history: Compensation Guidance Inc. is a consulting firm that specializes in obtaining credits, refunds, and reduced premiums on workers' compensation policies and past audits.
The company sued filed suit against Aspro Plumbing Inc., alleging it is the successor-in-interest to Compensa
The Illinois Appellate Court ruled that an employer paid the correct amount of a worker’s award for medical benefits, and a circuit court judge erred in finding otherwise.
Case: Jenkins v. McLaughlin Body Co., No. 4-25-0962, 09/02/2026, published.
Facts and procedural history: Cory Jenkins worked for the McLaughlin Body Co. He filed a workers’ compensation claim for an alleged injury suffered in February 2016.
An arbitrator found the injury compensable. The arbitrator determined that all of the medical bills Jenkins had introduced into evidence were reasonable and necessary, exc
The Indiana Court of Appeals ruled that a worker was entitled to benefits for his injuries from an accident caused when he suffered a fainting spell behind the wheel of his employer’s vehicle while running a work-related errand.
Case: Harrison County Parks and Recreation v. Hussung, No. 26A-EX-780, 09/04/2026, published.
Facts: David Hussung worked for Harrison County Parks & Recreation. On Oct. 12, 2023, his supervisor sent him to drive to stores in Bedford and Bloomington to buy paint for a playground project.
Hussung left his house around 5:30 a.m. in a Harrison County Parks ve
