VA - Regular, Short-Term Use of Subcontractors Sufficient to Establish Jurisdiction
02/25/2026 | 0
The Virginia Court of Appeals on Tuesday held that the regular use of subcontractors to complete projects was sufficient to give the Workers' Compensation Commission jurisdiction over an injured worker's claim against his employer.
While subcontractors or their employees worked for only a few days on Gencon projects in the year before Jose A. Zacarias Perez was injured, the fact that they were present at three of five jobsites was sufficient for the commission to consider them statutory employees.
"Since this was Gencon's regular and recurrent practice, it does not matter &#...
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An Ohio appellate court revived a nanny’s claims for disability discrimination and workers’ compensation retaliation against her former employers.
Case: Ungerbuehler v. Kelly, No. C-250201, 02/11/2026, published.
Facts: Kayla Ungerbuehler worked for James and Kristen Kelly as a nanny. In February 2023, she was injured in a car accident.
Within 90 days of the accident, Ungerbuehler provided the Kellys with a written notification of her intent to pursue a workers’ compensation claim.
On Oct. 15, 2023, Ungerbuehler informed the Kellys that she needed surgery for her inj...
A federal appellate court upheld a worker’s award under the Black Lung Benefits Act.
Case: Island Creek Kentucky Mining v. OWCP, No. 25-3200, 02/04/2026, unpublished.
Facts: Eddie Stewart worked in underground coal mines for just fewer than 15 years. He was last employed by Island Creek Coal Co.
Procedural history: Stewart filed four compensation claims under the Black Lung Benefits Act between 1996 and 2011.
Each claim was denied, either because Stewart was found not to have pneumoconiosis or that he had the disease but was not totally disabled by it.
Stewart filed a...
The West Virginia Intermediate Court of Appeals upheld an award for a worker’s carpal tunnel syndrome, finding he developed the condition after suffering a crush injury to his hand.
Case: Coronado Coal Corp. v. Stewart, No. 25-ICA-268, 02/03/2026, published.
Facts: Anthony Stewart worked for Coronado Coal Corp. He suffered injuries at work in May 2023 when a rock fell on his hand.
A claims administrator for Coronado’s insurance carrier accepted liability for a hand contusion and right ring finger fracture.
Dr. Luis E. Bolano recommended surgery, which he performed in May 2...
Arizona lawmakers are considering legislation that would require the Industrial Commission to operate a public-facing database with information about workers' compensation policies.
HB 2680 would require that the database provide information, including the name of the insured, the name of the insurer and the expiration date of the policy.
The bill would also require the commission to maintain records of all workers' compensation policies sold by each broker or agent, and it would require insurers to provide the commission with a copy of the declaration page for each workers' comp...
A New York appellate court upheld a determination that a worker’s claim for treatment, filed more than two years after his accident, was timely.
Case: Matter of Foster v. Monadnock Construction Inc., No. CV-24-1581, 02/05/2026, published.
Facts: John Foster worked for Monadnock Construction Inc. He suffered injuries at work in May 2020 when a ladder struck him in the face.
Monadnock accepted liability for Foster’s injuries.
In 2023, Foster’s doctors sought authorization for various medications and treatment to tackle what they diagnosed as a traumatic brain injury, p...
California Gov. Gavin Newsom's administration included the administrative director of the Division of Workers' Compensation on its monthly list of positions that his appointments unit is actively working to fill.
The opening was listed in the governor's monthly appointment opportunities notice on Monday.
The administrative director leads the DWC, supports the judicial functions of the Workers' Compensation Appeals Board, and guides the projects of the Medical, Audit, Legal and Research units.
The AD also oversees the division's 23 district offices and works with...
Lawmakers in Vermont are considering legislation that would allow injured workers to request vocational rehabilitation services if their employer does not do so.
S173 would order the Department of Labor to revise the information and employee rights form to include a notice of the right to request vocational rehabilitation services if a work injury affects the worker's ability to earn preinjury wages.
The bill would eliminate a statute allowing initial screenings for voc rehab services to be performed by a person with "sufficient knowledge or experience to perform adequately the voca...
The Commonwealth Court of Pennsylvania ruled that the Workers’ Compensation Security Fund cannot be subjected to attorney fees because it does not fall within the statutory definition of an “insurer.”
Randall Parrish worked for Yeager Supply Inc. He suffered injuries at work in August 1998.
Ten years later, he entered into a compromise and release agreement with Yeager in which the company agreed to pay for all reasonable and necessary medical treatment concerning Parrish’s injury.
Yeager requested a review of the reasonableness and necessity of chiropracti...
West Virginia’s Intermediate Court of Appeals upheld a 12% permanent partial disability award to a worker for his loss of grip strength due to a compensable injury.
Case: Alliance Coal LLC v. Carte, No. 25-ICA-284, 02/03/2026, published.
Facts: Ashley Carte worked for Alliance Coal LLC as an underground fire boss. He injured his arm at work in May 2022, but he did not seek medical treatment until October 2022 because he had thought his injury would resolve on its own.
Carte then filed a workers’ compensation claim for a left biceps strain/tear.
In November 2022, Dr. Michael D. ...
A New York appellate court upheld the establishment of a worker’s occupational disease claim for her elbows.
Case: Matter of Moe v. America Ootoya Chelsea, No. CV-24-0962, 02/05/2026, published.
Facts and procedural history: Than Moe worked for America Ootoya Chelsea as a line cook. She filed a workers’ compensation claim in December 2022, asserting that she had sustained injuries to her elbows resulting from her employment duties.
The Workers' Compensation Board assembled the claim and sent a notice that it was indexed to the parties of interest, including America&rsqu...
The Georgia Supreme Court this month disbarred a claimants’ attorney who forged his clients’ signatures on checks and stole $159,615 in proceeds for his own purposes.
Bryan Matthew Pritchett failed to participate in the disciplinary proceedings, so he was deemed to have admitted the factual allegations and disciplinary violations charged.
He was primarily represented injured workers in workers’ compensation cases. In three cases, Pritchett received checks made out to his clients. He forged their signatures, deposited the proceeds into his personal or business accounts, and ...
State Compensation Insurance Fund president and CEO Vern Steiner is among the handful of California state executives earning more than $1 million a year, according to a report by the Sacramento Bee.
The newspaper reports that a spokesperson said the carrier's board of directors determines the president's salary based on several factors, including an analysis of salaries offered to chief executives for comparable insurance and financial services companies. The latest study found that Steiner's salary was below the 25th percentile, according to the Bee.
The spokesperson also sa...
The California Department of Insurance on Monday announced that people associated with two vocational schools, and the chief executive of one of the largest vocational counseling centers in the state, are facing dozens of felonies for alleged Supplemental Job Displacement Benefit voucher fraud.
The department said Hazel Ortega, 54, Gemi Bertran, 54, and Elbert Irving, 41, were arraigned on 31 felony counts for allegedly orchestrating a kickback and forgery scheme.
The SJDB voucher program helps pay for retraining and some tools for workers with a permanent disability who have not been offere...
NV - Loss Costs Increasing 21.6%
The Nevada Division of Insurance has approved a 21.6% increase in workers' compensation loss costs, effective March 1, according to the National Council on Compensation Insurance.
The change reflects Nevada-specific cost pressures rather than a broader market shift, the NCCI said in a statement. The Nevada Department of Insurance did not respond to requests for comment.
“Nevada’s experience is unique, shaped by a combination of elevated large losses, flattening claim frequency, rising claim severity and a payroll limitation that adds pressure on loss ratios during pe...
