DE - Carrier Not Required to Cover Medical Marijuana for Victim of Violent Robbery
05/05/2026 | 0
The Delaware Superior Court upheld the denial of authorization for the victim of a violent robbery to use medical marijuana to treat her psychiatric conditions.
Rhonda Toomey worked for Family Dollar Stores. She was the victim of a violent robbery at her workplace in March 2004.
During the incident, Toomey was restrained with duct tape, threatened and pistol-whipped.
She has not returned to gainful employment since the robbery.
Toomey received an award for a 37% permanent impairment to the brain and total disability benefits for a psychiatric injury.
In April 2024, Toomey filed a pet...
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West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s permanent partial disability award.
Case: Blackhawk Mining LLC v. Stover, No. 25-ICA-365, 04/07/2026, published.
Facts: Glenn Stover worked for Blackhawk Mining LLC. He filed a workers’ compensation claim asserting that he sustained an injury to the ulnar nerve of both wrists from years of using impact wrenches, hammer drills and hydraulic drills.
A claims administrator for Blackhawk’s insurance carrier accepted liability for bilateral carpal tunnel syndrome.
After Stover u...
A New York appellate court overturned the denial of summary judgment on a Labor Law claim by a worker struck by falling debris at a construction site.
Case: Jover v. 1540 Second Realty LLC, No. 21334/16, 04/14/2026, published.
Facts: Carlos Jover suffered injuries while working on a demolition project.
According to Jover, his employer had created holes in each floor of the building, which allowed his co-workers to dump construction debris from higher levels to the first floor.
Jover claimed that his foreman ordered him to clean debris that had clogged the hole on the se...
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: Amancha v. 720-730 Fort Washington Avenue Owners Corp., No. 159285/20, 04/14/2026, published.
Facts: Luis Amancha suffered injuries when he fell from a ladder while working on a renovation project. According to Amancha, he was working atop an unsecured A-frame ladder when it suddenly moved and caused him to fall.
Procedural history: Amancha filed suit against 720-730 Fort Washington Avenue Owners Corp. and Gumley-Haft LLC, ass...
Diclofenac is becoming an increasingly popular medication in workers’ compensation and auto accident cases. It is a nonsteroidal anti-inflammatory drug available as a pill or as a topical medication.
The U.S. Food and Drug Administration approved 1% diclofenac as a topical treatment to provide pain relief. The 1% concentration is sold over the counter under a variety of generic labels or under the brand name Voltaren, usually selling for about for $12-$25 per tube.
In workers’ compensation and auto accident cases, an alarming trend is sweeping the market. Instead of telling p...
The Oregon Workers’ Compensation Division announced that the maximum attorney fee and the threshold used to determine when employment is casual are increasing July 1.
The maximum attorney fee that can be awarded without extraordinary circumstances is increasing to $6,556 from $6,358 to align with the 3.116% increase in the state’s average weekly wage.
The average weekly wage in Oregon increased to $1461.21 from $1,417.06.
The threshold used to determine whether employment is casual and whether the employer is required to carry workers’ compensation will also increase July ...
NATL. - Report: First-Year Workers, Older Employees Pose Highest Injury Risks
While workplace injury rates are declining, those that do happen are becoming more severe, more expensive and are keeping employees off the job longer, with new hires and older workers posing the greatest risks, according to an “injury impact” report released Monday by Travelers.
The annual report, based on more than 1.2 million workers' compensation claims filed between 2021 and 2025, found injured employees missed an average of 80 workdays per claim, even as overall injury frequency trended downward.
First-year employees accounted for roughly 37% of all workplace injuries a...
Sedgwick has named Suzanne Dann as group president, placing her in charge of the company’s major global business lines, including casualty, property Americas, workforce absence and international operations.
The appointment is intended to unify Sedgwick’s core operations under a single global leader while allowing functional teams to further expand capabilities across markets, Sedgwick said. CEO Mike Arbour said the move supports the company’s long-term strategy and global growth ambitions.
Dann joins Sedgwick from Wipro, where she served as CEO of the Americas, overseei...
An Ohio appellate court ruled that a worker’s payment of the Bureau of Workers’ Compensation’s asserted subrogation lien on his third-party settlement did not bar him from demanding a refund for the amount he overpaid.
Lamar Thomas suffered injuries in a work-related car accident. The Bureau of Workers’ Compensation allowed Thomas’ claim for a cervical and lumbar sprain.
Thomas also brought a negligence action against a third party for causing the accident that resulted in his injuries. Following the settlement of his third-party claim, the BWC asserted a right ...
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim of injury to his neck and shoulder.
Case: Crampton v. Express Services Inc., No. 25-ICA-393, 04/07/2026, published.
Facts: In October 2024, Jack Crampton went to the hospital and complained of severe pain in his left arm that went all the way down to his hand. He reported waking up with shoulder pain radiating down to his wrist about 12 days prior and denied any precipitating injury. Crampton said his symptoms came on suddenly and worsened.
Physician assistant Stephanie Hamilton assessed Crampton...
A New York appellate court ruled that the defendants in a Labor Law action were not entitled to summary judgment dismissing the claims against them or on their claims against each other.
Case: Simone v. Colin Development LLC, No. 2022-07309, 04/08/2026, published.
Facts: Russell Simone Sr. worked for Hauppauge Office Park Associates LLC as an office building's superintendent. HOP owned the complex where the office was located.
HOP had an oral contract with Colin Development LLC whereby Colin was to act as the property manager for the office buildings.
F.W. Sims Group Inc. pro...
A New York appellate court ruled that some of a salesman’s Labor Law claims for his injuries were properly dismissed on summary judgment, and his employer was entitled to summary judgment dismissing the third-party claims against it.
Case: Lardiere v. Site 6 DSA Owner LLC, No. 153260/18, 595818/18, 595217/20, 596072/21, 595014/24, 04/14/2026, published.
Facts: Rosario Lardiere worked as a salesman for Gil-Bar Industries. He allegedly suffered injuries while visiting a construction site where he had brokered the sale of air handlers to Peepels Mechanical Corp.
Peepels was the heating, ...
Transportation network companies such as Uber and Lyft would be the statutory employer of drivers who are actively picking up or transporting passengers, under a bill introduced in Ohio.
To secure workers' compensation coverage for their drivers during the periods they're classified as employees, HB 840 would require TNCs to make quarterly payments to the Bureau of Workers' Compensation. The amount due would be set by the administrator and based on the total amount of time company drivers are actively engaged in transporting passengers.
The administrator would also be allowed to ...
Hawaii lawmakers voted to send a bill to the governor clarifying processes relating to vocational rehabilitation services.
HB 1514 would require injured workers who elect to enroll in a vocational rehabilitation program to select a certified provider within 30 days. If the injured worker doesn't select a provider within 30 days, the employer would be required to make a selection. There does not appear to be a deadline for the employer to select a voc rehab provider in the bill.
Providers would be required to automatically approve vocational rehabilitation services for injured worker...
A Washington state appeals court has cleared the way for the Department of Labor and Industries to recover nearly $150,000 in overpayments from a vocational school with a job placement rate of 3.9%.
The Washington Court of Appeals on Wednesday rejected an appeal from Office Careers, affirming that L&I was within its rights to recoup funds and to terminate the school's provider status.
L&I revoked Office Careers' authorization and stopped sending it injured workers after a 2019 audit found that the percentage of students employed after completing a training program was well ...
An Ohio appellate court upheld the dismissal of a worker’s challenge to the administrative denial of his claim for benefits.
Case: Larrick v. W&S Construction LLC, No. 8-25-14, 04/13/2026, published.
Facts and procedural history: Jeremy L. Larrick filed a workers’ compensation claim, asserting that he had suffered injuries while working for W&S Construction LLC in November 2023.
The Bureau of Workers’ Compensation denied Larrick’s claim. A district hearing officer affirmed, finding that Larrick had not met his burden of proof by a preponderance of the evidenc...
