TX - Worker Establishes Negligence Claim Against Nonsubscribing Employer
11/10/2026 | 0
A divided Texas appellate court ruled that a worker established a negligence claim against her nonsubscribing employer, though the jury’s award of future medical expenses was excessive.
Nicole Tarpley worked for Red Bluff LLC at a nursing and rehabilitation facility. She allegedly suffered injuries while attempting to move a morbidly obese patient from a bed to a wheelchair.
After conservative treatment, Tarpley underwent a discectomy and fusion surgery at two levels in her neck.
Tarpley filed suit against Red Bluff, a workers’ compensation nonsubscriber. She asserted claims for
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A New York appellate court partially overturned a grant of summary judgment for a worker on his Labor Law claims.
Case: Ramos v. Lendlease (US) Construction LMB Inc., No. 802098/22, 10/29/2026, published.
Facts: Noland Ramos Jr. allegedly suffered injuries when he slipped and fell on a staircase at a construction site.
Procedural history: Ramos filed suit against Lendlease (US) Construction LMB Inc., asserting claims for violations of Labor Law Sections 240(1) and 241(6).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to
The Idaho Supreme Court ruled that an injured worker’s judgment against her former attorney expired before she filed a motion to renew it in 2025.
Case: Cheung v. Pena, No. 52986, 11/05/2026, published.
Facts and procedural history: Leanne Cheung was seriously injured in a work-related automobile collision. She hired attorney Raymundo G. Pena to pursue a workers’ compensation claim on her behalf.
Pena also negotiated a settlement with the auto insurer for the other driver and secured medical payment coverage for Cheung through her parents’ auto insurance policy.
After set
A New York appellate court ruled that a carrier waived its defenses to a worker’s claim by failing to timely serve his attorney with its prehearing statement.
Case: Matter of McDonell v. CJ Banach Inc., No. CV-25-0750, 10/29/2026, published.
Facts and procedural history: Jason McDonell worked for CJ Banach Inc. He slipped and fell while at work in December 2023.
After Banach contested the claim, the Workers’ Compensation Board issued a notice of prehearing conference.
McDonell’s counsel filed a prehearing conference statement 10 days before the scheduled conference and se
Recently, we unpacked the impact of a federal program introducing artificial intelligence-driven prior authorization models into Medicare, with newly erected barriers to treatment potentially harming patients’ health.
Before committing Medicare more fully to the Wasteful and Inappropriate Service Reduction (WISeR) model, currently being piloted in six states, the federal government should look to California workers’ comp, where the consequences of excessive obstacles to care have been on display for years.
California workers’ comp is a
Kids’ Chance of America and Workers’ Compensation, Risk Management, Managed Care & Claims have announced a new partnership to help students whose parents have been seriously injured or killed on the job.
The partnership will give these students opportunities to learn about careers in the insurance industry, connect with experienced professionals, receive career guidance and develop the skills they need to enter the workforce.
Through the program, students involved with Kids’ Chance will meet professionals in workers’ compensation, risk management, managed care
The Illinois Workers' Compensation Commission announced that arbitrators Daniel Swanson and Magda Derisma-Oyewole will switch dockets, effective Dec. 1.
Derisma-Oyewole will be assigned to Chicago and Cook County, while Swanson will be assigned to Zone 2, covering Springfield, Quincy and Urbana, the commission announced.
Matters previously set for hearing in December will be transferred to and heard by the appropriate arbitrator.
The commission said all settlement contracts, motions and petitions submitted for these dockets will be directed to the new arbitrator and that its CompFile sy
The Oklahoma Workers' Compensation Commission announced that maximum temporary total disability and permanent total disability benefits are increasing by 3.93%, effective Jan. 1.
The increases align with the Oklahoma Employment Security Commission increasing the state's average weekly wage to $1,172.96 from $1,128.66.
Both temporary and permanent total disability benefits are capped at 70% of the worker's average weekly wage, not to exceed 100% of the state's average weekly wage.
As a result, the maximum TTD and PTD benefit will increase to $1,172.96 for injuries occurring o
A California appeals court affirmed a prejudgment interest award of more than $907,000 six months after upholding a trial judge's entry of a judgment notwithstanding a jury's verdict finding that State Compensation Insurance Fund was entitled to more than half a million in premium from an employer.
The Court of Appeal for the 4th District of California on Thursday rejected ReadyLink Healthcare's contention that the prejudgment interest award was not warranted, saying the carrier's damages resulting from the policy breach were certain and that the award was nondiscretionary.
T
The Virginia Court of Appeals upheld the denial of a school employee’s claim for benefits arising from two alleged incidents.
Case: Robinson v. Hanover County Public Schools, No. 1598-25-2, 10/27/2026, unpublished.
Facts: Brooke Robinson worked as a positive-behavior-support coach and interventionist for Hanover County Public Schools. She fell to the floor while trying to assist a child in November 2022.
Afterward, Robinson felt pain in her pubic bone, pelvic bone, groin area and lower back. She sought treatment from several care providers. Nurse practitioner Stacy Jones diagnose
The Missouri Court of Appeals ruled that the workers’ compensation reduction provision in an automobile insurance policy was void as against public policy.
Case: Beaver v. American Family Insurance Co., No. ED114224, 10/27/2026, published.
Facts: In November 2023, Zachary Beaver was working in a roadway construction zone when he was struck by an uninsured motorist.
Beaver’s employer opened an administrative claim for his work-related injuries, and he received benefits from his employer’s workers' compensation carrier exceeding $500,000.
Beaver had an automob
A New York appellate court ruled that a worker struck by a falling object should have been granted partial summary judgment on his Labor Law claim.
Case: Magpantay v. New York City School Construction Authority, No. 2025-02465, 10/28/2026, published.
Facts: Bienvenido Magpantay allegedly sustained injuries while working on a construction site when a 20- to 25-pound U-head fell from above and struck him.
The New York City School Construction Authority was the general contractor for the project on property owned by the New York City Department of Education.
Procedural history: Magpantay file
A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim for an alleged slip-and-fall accident.
Case: Schmeisser v. 685 First Realty Co. LLC, No. 2024-09687, 10/28/2026, published.
Facts: Edward Schmeisser allegedly suffered injuries when he slipped and fell while working at a construction site owned by 685 First Realty Co. LLC and managed by Second Ave. Solow Development Corp.
Procedural history: Schmeisser filed suit against First Realty and Solow, asserting a claim for a violation of Labor Law Section 241(6).
Section 241(6) imposes nonde
A Pennsylvania lawmaker announced plans to introduce legislation that would increase the minimum weekly workers' compensation payment to $200 from $100 for certain workers.
State Rep. Tim Brennan, D-Doylestown, announced his plans to introduce the legislation last week in a co-sponsorship memorandum circulated to members of the state House of Representatives.
The Workers' Compensation Advisory Council, a labor-management panel, unanimously recommended that the minimum benefit under Section 306(h) be increased to $200 a week for injuries occurring before Jan. 1, 2010.
Curre
In a high-profile case, a Florida appellate court applied a recent ruling that conditions disrupting electrical functions of the heart are covered by the state's heart disease presumption for firefighters.
The 1st District Court of Appeal on Thursday set aside the decision of a judge of compensation claims who found that Joseph Durden's atrial fibrillation was not covered by the presumption in Section 112.18(a). The court referred to its September decision in Village Center Community Development District v. Illeck, where it explained that it has long held that the presumptio
The Wyoming Supreme Court upheld a determination that a worker had reached maximum medical improvement for a back injury and that he was no longer entitled to temporary total disability benefits.
Case: Martinez v. State ex rel. Department of Workforce Services, No. S-26-0117, 11/04/2026, published.
Facts and procedural history: David Martinez was a maintenance worker for a veterinary clinic. He injured his back at work in March 2022.
Dr. Vincent Ross diagnosed a lumbar sprain, a thoracic sprain and muscle spasms.
The Workers’ Compensation Division accepted Martinez’s
