TX - Injured Worker's Default Judgment Upheld
06/22/2026 | 0
A Texas appellate court upheld a worker’s $973,522.24 default judgment for his injuries that happened while he was performing construction work.
Eleazar Alvarado alleged that he worked for Kerry D. Nowell, who did business as K-Industries.
Fortress Iron LP allegedly hired Nowell to do work at its warehouse in October 2021. According to Alvarado, Fortress provided plans for the work, which included tearing out the ceiling and other walls.
While Alvarado was performing his tear-out, the roof collapsed, and he fell more than 20 feet onto the concrete floor, fracturing his
Read More
A Louisiana appellate court overturned a finding that a worker’s industrial exposure to benzene more likely than not caused him to develop lung cancer.
Case: Pizzuto v. Chalmette Refining LLC, No. 2024 CA 0524, 05/19/2026, published.
Facts: Joseph Michael Pizzuto filed a workers’ compensation claim in 2021 after he was diagnosed with adenocarcinoma, a form of lung cancer.
Pizzuto asserted that his cancer came from his exposure to benzene while employed by Chalmette Refining LLC.
Procedural history: The Office of Workers’ Compensation found that Pizzuto carried his burden
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim for a foot injury.
Case: Erskine v. Whitecap Waste Holdings LLC, No. 25-ICA-423, 06/02/2026, published.
Facts: Anthony Erskine worked for Whitecap Waste Holdings LLC. He allegedly slipped and fell at work on Dec. 24, 2024, striking his head on a dumpster.
Erskine went to the hospital on Dec, 27, 2024, complaining of bilateral foot pain. He reported he had suffered a ground-level slip and fall at home three days earlier. Erskine reported that he also hit his head.
He was diagnosed with metat
A New York appellate court partially revived a worker’s Labor Law claims for his alleged injuries from a demolition project.
Case: Fahey v. Worship House & Outreach Ministries Inc., No. 2022-07581, 06/03/2026, published.
Facts: The New York City Department of Buildings issued emergency declarations directing the demolition of two abutting buildings on the same lot in Brooklyn. DOB provided notice of the emergency declarations to the owner of the premises, Worship House & Outreach Ministries Inc.
DOB informed Worship House that if it did not take action to remediate the dangero
Pennsylvania employers and insurers pay more for medications under workers’ compensation than do payers in any other state. Drug payments under workers’ compensation can be 100 times higher than payments for the same drugs under Medicare, Medicaid or private health insurance.
Pennsylvania lacks many of the cost controls common in other states, such as formularies, employers' ability to keep injured workers within PBM networks, or fee schedules with stated prices. Instead, charges in Pennsylvania workers’ compensation are based on inflated figures included in an
A New York appellate court reinstated a worker’s Labor Law and negligence claims against a homeowner for his injuries from an alleged fall into a hole.
Case: Antunez v. Denoia, No. 2024-00176, 06/03/2026, published.
Facts: Santos Antunez allegedly suffered injuries while renovating a bathroom in a house owned by Carmine Denoia.
Antunez claimed that his employer, the contractor hired by Denoia, directed him to demolish a wall in the bathroom. According to Antunez, there was a hole in the bathroom floor approximately 5 to 6 inches from the wall he was told to demolish.
Antune
A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing the claim against it.
Case: Beaton v. Tamco Mechanical Corp., No. 2025-03619, 06/03/2026, published.
Facts and procedural history: Shelly Beaton filed suit against Tamco Mechanical Corp. to recover damages for personal injuries she allegedly sustained while working at Riker's Island.
She asserted a claim for a violation of Labor Law Section 200.
Section 200 is a codification of the common-law duty to provide a safe workplace.
Tamco moved for summary judgment dismissing the
Tower MSA has scheduled a webinar for Wednesday to help shed light on Section 111 reporting for claims professionals.
The addition of workers' compensation set-aside fields to the Medicare Section 111 reporting process has received significant attention over the past year, Tower said. Questions remain around core reporting obligations, including ongoing responsibility for medicals and terminations, and total payment obligation to claimants.
Dan Anders, Tower’s chief compliance officer, and Anthony Segrich, vice president of technology, will break down t
May 20, 2026
A divided Pennsylvania Supreme Court ruled that the statutory prohibition on self-dealing in the Workers’ Compensation Act does not include referrals for prescription drugs and pharmaceutical services.
Section 306(f.1)(3)(iii) makes it illegal for physicians to refer patients for specific services if the provider has a financial interest with the person or in the entity receiving the referral. The statute explicitly applies to lab services, rehabilitation, chiropractic treatment, radiation oncology, psychometric services, diagnostic imaging and other goods or services.
The proper appli
A Louisiana appellate court upheld an award of supplemental earning benefits for an injured contract nurse, as well as her award of penalties, but partially overturned her award of attorney fees.
Case: Solis v. Baton Rouge General Health Systems, No. 2025 CA 0455, 05/20/2026, published.
Facts: Tonya Solis worked as a contract, part-time nurse at Baton Rouge General Medical Center. She slipped and fell at work in November 2021.
Solis worked the remainder of her shift, which was Friday and Saturday, and continued to work her weekend shifts until Dec. 11, 2021, when she was restricted from reg
West Virginia’s Intermediate Court of Appeals upheld a worker’s 14% permanent partial disability award.
Case: West Virginia Division of Highways v. Gauvin, No. 26-ICA-10, 06/02/2026, published.
Facts: Rodney Gauvin worked for the West Virginia Division of Highways. After he suffered an on-the-job injury in June 2022, a claims administrator for the division’s insurance carrier accepted liability for a biceps strain, neck tendon strain, arm strain, bicipital tendonitis and superior glenoid labrum lesion.
In December 2022, the claims administrator authorized a request by Dr.
A New York appellate court ruled that the guardian of a worker who fell through an unprotected opening at a construction site was entitled to summary judgment on her Labor Law claim.
Case: Graves v. Sava Serbian Orthodox Church, No. 157595/19 595231/20 595121/23, 06/02/2026, published.
Facts: Gregory Graves fell 11 feet through an unprotected opening at a construction site at a property owned by the Sava Serbian Orthodox Church. He was incapacitated as a result of his injuries.
Procedural history: Graves’ guardian filed suit against the church, asserting a claim for a violation of Lab
A New York appellate court ruled that the administrator of a worker’s estate was entitled to partial summary judgment on his Labor Law claim for the worker’s fatal fall at a construction site.
Case: Chang v. 37 Plaza LLC, No. 153252/20 595598/21 595312/23, 06/02/2026, published.
Facts: Deok Hyun Ko suffered fatal injuries at a building construction project in 2019. Ko was attempting to fix a forklift that had stalled when he lost his balance and fell through an opening in the second floor.
Procedural history: The administrator of Ko’s estate filed suit against the owner of
A New York appellate court ruled that a worker struck by a falling object should have been granted summary judgment on his Labor Law claim.
Case: Lapinski v. MIP One Wall Street Acquisition LLC, No. 150585/22, 06/02/2026, published.
Facts: Krzysztof Lapinski suffered injuries when an object fell on his head while he was working as a garbage truck driver at a construction site.
The property was owned by MIP One Wall Street Acquisition LLC, and J.T. Magen & Co. Inc. was the general contractor.
Lapinski worked for Independence Carting, which had contracted with J.T. Magen to perform
NATL. - Litigated Comp Claims Climb as More Injured Workers Lawyer Up
Litigation is creeping deeper into workers' compensation claims, adding cost and complexity for employers, even as the line remains broadly profitable and protected by exclusive remedy.
“We’re operating in a more adversarial claim environment than we ever have,” said Matt Hannon, New York-based national casualty practice leader for Aon in North America. “Litigation is being driven by both economic pressures and shifting societal attitudes toward liability. In other words, ‘I got hurt; someone needs to pay for this.’”
Recent Aon data shows that th
