CA - WCAB: Deductions for Attorney Fees End When Award Is Satisfied
01/12/2026 | 0
The California Workers' Compensation Appeals Board held in a significant panel decision that deductions from an applicant's permanent and total disability benefits were limited under the terms of the award to the amount of the approved attorney fees.
"Accordingly, we conclude that the lateral commutation of attorney fees from an award of lifetime benefits is limited to the specific amount of attorney fees approved by the WCJ or the appeals board in the first instance," the board said. "Once defendant has deducted an aggregate amount commensurate with the specified ...
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The Appellate Court of Maryland affirmed a circuit ruling holding that Chesapeake Employers' Insurance Co. failed to prove it was entitled to punitive damages from an employer that underreported payroll.
Case: Chesapeake Employers' Insurance Co. v. SCD Premier Staffing Agency et al., No. 1840, 01/06/2026, unpublished.
Facts: Chesapeake Employers Insurance Co. in 2021 wrote a workers' compensation policy for SCD Premier Staffing and assessed an annual premium of $2,944, based on the company reporting 30 workers and a total payroll of $100,000.
After a subsequent audit identified ...
The Oregon Court of Appeals said there was no evidence to support a finding that a carrier's interpretation of a doctor's ambiguous statement about an injured worker's condition was unreasonable.
Case: SAIF Corp. et al v. Eric R. Krusenstjerna, A185508, 01/07/2026, published.
Facts: Eric R. Krusenstjerna injured his right hand while working for Holte Manufacturing. His treating physician performed surgery, and SAIF Corp. accepted a claim for injury to two fingers on the hand.
Krusenstjerna was released to return to work without restrictions in May 2023.
During an exam in August...
The Iowa Court of Appeals held that the commissioner did not apply prohibited expertise by modifying an expert's impairment rating to conform with case law and rating guidelines.
Case: Brian Dale Klein v. Whirlpool Corp., No. 25-0458, 01/07/2026, published.
Facts: Brian Klein aggravated a preexisting shoulder condition while working for Whirlpool Corp.
A doctor performed an arthroscopy, debridement, distal clavicle excision and other surgical procedures. A couple of months later, Klein received a corticosteroid injection.
Klein reported a reduction in everyday pain but complained ...
Now that 2025 has faded to 2026, it’s time for a look at what stood out last year in the world of California workers’ compensation. If you had not been following the system carefully, what signal stood out amid the noise?
For the comp system, 2025 was not a blockbuster year. Still, there are always issues percolating to the forefront. Below, in no particular order, is a list of system developments and some comments on each.
1. No major system changes emerged from the 2025 California legislative session. Gov. Gavin Newsom vetoed two prominent bills, AB 1329...
OH - Appeals Court Revives Comp Claim on 'Substantial Aggravation'
An Ohio appellate court on Thursday reversed a summary judgment that had blocked a juvenile corrections officer from pursuing additional allowances in a workers' compensation claim, ruling that he presented enough evidence for trial on whether a workplace incident “substantially aggravated” preexisting conditions.
In Taye v. Cuyahoga Hills Juvenile Corr. Facility, the dispute centered on whether the claimant met Ohio’s requirements for establishing a substantial aggravation of a preexisting condition.
The worker suffered an injury in an April 2021 wo...
Lawmakers in the Mississippi Legislature are weighing two approaches to expanding workers' compensation benefits, setting up a policy debate over benefit levels versus duration.
H.B. 80, introduced Wednesday, would significantly raise weekly benefits by increasing compensation for disability and death cases to 100% of the state’s average weekly wage, up from the current 66 2/3%. The bill also lifts the cap on total recovery by tying it to 450 weeks at the higher rate and broadens eligibility and payout levels for death benefits to spouses, children and other dependents. Th...
Injured workers receiving permanent total disability benefits, and dependents receiving survivor’s benefits, should receive a 2.3% increase in their monthly benefit rate this month, the Nevada Workers’ Compensation Section announced.
State lawmakers in 2019 enacted bills requiring an annual 2.3% cost-of-living adjustment for PTD and survivors’ benefits.
Carriers can request reimbursement for COLAs applied to PTD claims with a date of injury or disablement before Jan. 1, 2004. They can request reimbursement for adjustments to death benefit claims with dates of injury before ...
A Texas appellate court upheld the summary dismissal of a claim for exemplary damages against an employer for a worker’s fatal grain bin accident.
Michael Molden worked for Heartland Co-Op Corp. as a grain bin cleaner. In September 2021, Molden entered a running grain bin to recover a vacuum hose and was engulfed by corn, causing his death.
The mother of Molden’s child brought suit against Heartland, seeking exemplary damages pursuant to Texas Labor Code Section 408.001(b).
Section 408.001(b) creates an exception to workers’ compensation exclusivity, allowing for exe...
Sacramento, CA [December 10, 2025] Today, POWER proudly announced its official launch as a laser-focused non-profit organized to take direct action against fraud and criminal activity in California's temporary staffing industry.
"One of the biggest crimes taking place in California's workforce is hiding in plain sight. The temporary staffing industry has become a largely unregulated playground for cri...
A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim and that one defendant should have had some of the claims against it dismissed as well.
Case: Llerena v. 975 Park Avenue Corp., No. 27073/20, 12/11/2025, published.
Facts: Jonathan Llerena was performing exterior building facade repairs when the suspended scaffold on which he was standing suddenly moved approximately 1 foot away from the building, causing the tip of the chipping hammer he was using to slip into a hole where a brick had been removed. This caused him to injur...
The New Hampshire Supreme Court upheld a determination that a worker’s injuries from a motorcycle accident while he was on a personal errand were not compensable.
Case: Appeal of Messina, No. 2024-0712, 01/06/2026, unpublished.
Facts: Michael Messina worked for Baroody & Greenwood LLC as a handyman and maintenance worker. He received assignments from his employer during the workday by phone and considered himself “always on call.”
On Nov. 10, 2020, Messina requested and received permission from his supervisor to leave work and retrieve his motorcycle from home, ap...
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim for a knee injury.
Case: Underwood v. ACNR Resources Inc., No. 25-ICA-219, 12/04/2025, published.
Facts: Aaron Underwood worked for ACNR Resources Inc. He filed a workers’ compensation claim, alleging that he twisted his right knee at work on July 31, 2024, when he was going through a door.
Before the alleged injury, Underwood was diagnosed with and treated for right knee pain and swelling, and osteoarthritis of the right knee.
In April 2023, a magnetic resonance imaging scan revealed a fr...
Florida employers could lose their business license if they shift the costs of treating undocumented workers' occupational injuries to workers' compensation carriers or public health programs such as Medicare or Medicaid, under bills introduced this week.
HB 1307 and its identical companion measure, SB 1380, would hold employers that knowingly hire or employ someone who is not authorized to work in the country personally and fully liable for medical treatment costs and related expenses resulting from a workplace injury.
The bills would authorize a penalty of up to $50,000 if emp...
The Texas Division of Workers' Compensation repealed rules that have expired or that it says are no longer valid.
The division repealed a rule that required the Industrial Accident Board to publish quarterly reports, saying the board no longer exists and the authority for the required report was repealed in 1989.
Rules concerning informal and voluntary networks and medical disputes were also repealed. The division said in notices published in the Jan. 2 Texas State Register that the network rules expired in 2011, and the Court of Appeals in Austin declared the medical dispute rules inval...
The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths increased 4.2% to match an increase in the state's average weekly wage.
The state's average weekly wage increased to $1,128.66 from $1,083.46.
Temporary total disability, permanent total disability and death benefits are all capped at the state's average wage and increased to $1,128.66 for injuries occurring in 2026.
The maximum permanent partial disability benefit is set in statute and remains unchanged at $375.
More information, including charts of benefit amou...
Orange County Superior Court Judge Israel Claustro on Wednesday agreed to plead guilty to a felony mail fraud charge for knowingly paying a provider suspended from California's workers' compensation system to write medical-legal reports connected to claims involving the Subsequent Injuries Benefits Trust Fund.
According to documents filed with the federal court in Santa Ana, Claustro will plead guilty to one count of mail fraud for allegedly paying Dr. Kevin T. Do, of Pasadena, to perform exams, review medical records and write reports after Do's suspension from the work comp syst...
