NE - Supreme Court Upholds FELA Award Apportioning Fault to Worker, Denying Employer Offset
04/27/2026 | 0
The Nebraska Supreme Court upheld a jury verdict awarding benefits to a railroad dispatcher for her ankle injury that was largely apportioned to her own fault, and that denied the employer an offset to the short-term disability it had paid.
Chaylea Cramer worked as a dispatcher for Union Pacific Railroad Co. She twisted her left ankle at work in August 2017 while descending a flight of stairs leading toward a restroom.
Cramer cared for her ankle at home that night and wore a brace to work the next day. She then met with a superior who allegedly encouraged her not to report the incident....
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A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his injuries from a fall from a ladder.
Case: Bista v. State of New York, No. 2024-05540, 04/01/2026, published.
Facts: Krzystof Bista allegedly suffered injuries when he fell off a ladder while working on a construction project at Farmingdale State College.
Procedural history: Bista filed suit against the State of New York, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or ...
An Ohio appellate court outlined what a worker needs to allege to plead a viable employer intentional tort claim and ruled that the victim of a workplace shooting failed to satisfy the standard.
Case: Harris v. Tri-Tech Laboratories LLC, No. 2025 CA 00079, 03/31/2026, published.
Facts: Nicholas Harris worked for Tri-Tech Laboratories LLC. On Feb. 4, 2025, a gunman entered his workplace and opened fire, killing two people and wounding four, including Harris.
Tri-Tech employee Bruce Foster III stands accused of the crime. His trial is set to begin later this year.
Procedural history: Ha...
West Virginia’s Intermediate Court of Appeals ruled that the Board of Review erred in awarding attorney fees to a worker after finding that a claims administrator had unreasonably declared an overpayment of benefits to her.
Case: WVNH Emp LLC v. Swisher, No. 25-ICA-374, 04/07/2026, published.
Facts and procedural history: Maureen Swisher worked for WVNH Emp LLC as a certified nursing assistant. She injured her right shoulder at work in July 2023 and began collecting temporary total disability benefits.
In September 2024, a claims administrator for WVNH’s insurance carrier issued...
In workers’ compensation, the best file is often a closed file. But settling a case is not always straightforward.
One issue that arises when settling out future medical care is whether the parties should address Medicare’s future interests through a Medicare set-aside arrangement.
What is an MSA?
An MSA is a financial arrangement that allocates part of a workers’ compensation settlement to pay for future medical treatment related to the industrial injury that would otherwise be covered by Medicare. These expenses may include physician visits, hospital care, surge...
A California Senate committee passed a bill that would eliminate an "outdated" requirement that airport firefighters complete a state-mandated training program to be covered by workers' compensation presumptions.
The Senate Committee on Labor, Public Employment and Retirement on Wednesday voted 5-0 to pass SB 1444, a multifaceted measure written by the committee.
The bill includes a provision relating to a law enacted last year making firefighters at commercial airports regulated by the Federal Aviation Administration eligible for presumptions covering heart trouble, herni...
A California Assembly committee passed a bill that would create a mandatory certification process for companies engaged in fabrication activities involving manufactured stone.
The Assembly Labor and Employment Committee on Wednesday unanimously passed AB 2137, by Assemblymember Phillip Chen, R-Brea.
The bill would require the Department of Industrial Relations to develop an application and certification process by Jan. 1, 2028, and to develop an initial deposit process for shops to pay fees while applications are under review.
Fabrication shops would be required to post a fee determined by ...
The Texas Division of Workers’ Compensation approved a 2026 Medical Quality Review Annual Audit Plan that will focus on the prescriptions for topical analgesics.
In December, the division solicited feedback on whether to focus on evaluating utilization review agent peer review reports for compliance with the Official Disability Guidelines, accepted standards of care and appropriate reviewer selection, or the medical necessity and appropriateness of topical analgesic prescriptions.
The division on Thursday said it selected the topical analgesic audit based on stakeholder feedback. The a...
Second-injury fund reforms must apply to the backlog of about 30,000 unresolved claims to preserve the program and tackle skyrocketing costs, administration officials told California lawmakers Thursday.
Jaskiran “Jassy” Grewal, deputy secretary of legislation with the Labor and Workforce Development Agency, told a Senate budget subcommittee that imposing tighter eligibility standards on pending Subsequent Injuries Benefits Trust Fund claims is a critical provision of Gov. Gavin Newsom's proposed reforms.
"This provision is necessary to reduce liabilities and ensure l...
The Minnesota Supreme Court upheld a determination that a worker’s injuries from a fall while packing employer-owned equipment into her car to return to in-person work were compensable.
Case: Ludwig v. Dakota County, No. A24-1989, 04/22/2026, published.
Facts: Dakota County hired Cindy Ludwig in 2002 to perform full-time clerical and customer service duties out of its Hastings office.
Ludwig’s commute to Hastings was half an hour, so she typically left home around 7:30 a.m. to begin work by 8 a.m. The county owned all the equipment Ludwig used at the office.
In March 2020...
The Delaware Supreme Court ruled that a worker’s alleged report of a mental health injury before his termination was not enough to constitute a viable claim for workers’ compensation retaliation.
Case: Redic v. Interfaith Community Housing of Delaware Inc., No. 347, 2025, 04/22/2026, published.
Facts: Jewel Redic worked for Interfaith Community Housing of Delaware Inc., a non-profit organization that assists low-income families.
Interfaith’s offices are in a dangerous, high-crime area of Wilmington.
Interfaith also maintains a policy under which all new hires are subject ...
The Commonwealth Court of Pennsylvania ruled that the operator of a youth residential institution qualified as the statutory employer of a contractor’s injured employee.
Case: Edie v. George Junior Republic in Pennsylvania, No. 546 C.D. 2025, 03/27/2026, published.
Facts: George Junior Republic in Pennsylvania operates a youth residential institution in Grove City. GJRP contracted with Metz Culinary Management to provide food service at its facility.
Mark Edie worked for Metz. While he was at the facility, a grill fell on him, causing injuries.
Procedural history: Edie file...
A New York appellate court upheld the denial of summary judgment on a worker’s Labor Law action for his alleged injuries from a fall from a scaffold.
Case: Fuczynski v. 144 Division LLC, No. 2023-04222, 04/01/2026, published.
Facts: Antoni Fuczynski allegedly suffered injuries while performing construction work on a commercial renovation project at a building owned by 144 Division LLC.
According to Fuczynski, he was an employee of First Quality Group Inc., and on March 7, 2016, he was installing drywall and sound insulation at Division’s property.
He claimed that while disconne...
Widespread misconduct, fraud and abuse among New York state correctional workers "continues to plague the system," according to a 2025 annual report released by the Workers' Compensation Fraud Inspector General.
The report, released Tuesday, found that Department of Corrections and Community Supervision workers accounted for six of the 14 people arrested for alleged claimant fraud last year. The report attributes the ongoing problem to the state's failure to modify a provision in union contracts allowing six months of full pay upon the occurrence of an occupational injury.
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A pair of California legislative committees passed bills that would require employers to allow workers to schedule treatment for industrial injuries during the workday, and require staffing agencies to provide proof of workers' compensation as part of a new registration process.
The Assembly Insurance Committee on Wednesday passed AB 2098, by Assemblymember Ash Kalra, D-San Jose, which would require employers to provide time off when an injured worker's reasonable effort to schedule treatment outside of work hours is not successful.
The bill would allow employers to deny a reques...
