NM - Court Reduces Death Benefit Award to Align With Cap on Duration
08/21/2026 | 0
The Court of Appeals of the State of New Mexico ruled that the aggregate 700-week limit on benefits requires reducing the death benefit awarded to the widow of a firefighter who died from a form of cancer.
Frank Clark Di Luzio had worked as a firefighter in Santa Fe for more than 20 years when he retired in August 2001. In January 2012, he was diagnosed with mantle cell non-Hodgkin's lymphoma. He became physically unable to work and was disabled from working until he died June 2, 2021, at 66.
Di Luzio filed a workers' compensation claim in June 2012 and was awarded permanent total di
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A New York appellate court revived a worker’s negligence claim for his injuries from an alleged fall from a defective ladder.
Case: Liu v. J.H. Electric of New York Inc., No. 2024-10763, 08/12/2026, published.
Facts: James Liu worked for the American Museum of Natural History. The museum hired J.H. Electric of New York Inc. as an independent contractor for a project.
Liu allegedly suffered injuries while climbing a ladder owned by J.H. Electric when one of the rungs cracked, causing him to fall and sustain injuries.
Procedural history: Liu filed suit against J.H. Electric, asserting
A divided Illinois appellate court ruled that a worker did not exceed his allowable selection of two physicians to treat his compensable injury.
Case: Heartland Coca-Cola Bottling Co. v. IWCC, No. 5-25-0964WC, 08/13/2026, unpublished.
Facts: Brian McClanahan worked for Heartland Coca-Cola Bottling Co. He reported an injury to his arm from pulling a dolly while working in June 2022.
McClanahan went on a previously scheduled vacation the two weeks following the alleged accident. He sought medical treatment when he returned.
A nurse practitioner diagnosed McClanahan with a rupture of the righ
West Virginia’s Intermediate Court of Appeals upheld a determination expanding a worker’s claim to include additional conditions.
Case: Townley Engineering & Manufacturing Co. Inc. v. Austin, No. 26-ICA-167, 08/06/2026, published.
Facts: Richard Austin worked for Townley Engineering & Manufacturing Co. Inc. He filed a workers’ compensation claim in October 2022, asserting that he had injured his back in a fall.
Austin had a history of lower back problems, including mild degenerative disc disease at L3-4 with minimal mid levoscoliosis that was revealed in
An injured worker picked up her prescription for diclofenac 2% gel, a common generic topical nonsteroidal anti-inflammatory drug used to treat pain, at her local Walgreens. Walgreens charged $53.64 for the drug.
But the worker was urged to switch pharmacies. She was steered to a “workers’
compensation” pharmacy that charged the employer $2,955.02 for the same drug — more than 55 times the Walgreens price.
There is nothing exceptional about this scenario. Some workers’ compensation pharmacies charge up to 100 times more than normal retail pharmacies.
Workers
The cap on the amount that Oregon employers can reimburse carriers for medical costs on accepted, nondisabling claims will stay at $2,600 next year, the Division of Workers' Compensation announced.
Insured employers can pay carriers for medical expenses incurred on medical-only claims to offset the effect that the claim might have on their experience rating modification.
Carriers must send employers a notice of their reimbursement rights before the start of each policy year.
"Reimbursed medical costs cannot in any way be used to affect the employer's experience rati
A federal judge dismissed with prejudice a proposed class action complaint alleging that a workers' compensation carrier's website collected data in violation of California's online privacy laws.
Emily Rodriguez initially alleged that Accident Fund Holdings Inc. violated the California privacy laws by using undisclosed tracking cookies on its website in her lawsuit filed in Los Angeles County Superior Court. Accident Fund removed the case to federal court.
"Because plaintiff denies entering any genuinely private information — either demographics, interests and preferen
The Superior Court of New Jersey’s Appellate Division upheld an award of temporary total disability benefits to a worker for a knee injury after his treating surgeon had cleared him to return to full-duty work.
Case: Munoz v. Costco, No. A-3829-24, 08/12/2026, unpublished.
Facts: Ricardo Munoz was working part time at Costco in January 2022 when he injured his right knee while helping a customer lift a generator into a truck.
Munoz immediately reported the injury to a manager and sought medical treatment. He was diagnosed with a right knee medial meniscal tear and extensive chondromal
West Virginia’s Intermediate Court of Appeals overturned a finding of compensability for a first responder’s psychological conditions.
Case: Cabell County Commission v. D.E., No. 26-ICA-34, 08/06/2026, published.
Facts: An individual, identified in court documents by the initials D.E., worked for the Cabell County Commission as a first responder.
In November 2013, he saw his primary care provider. This doctor noted that D.E. was suffering from anxiety, attention deficit hyperactivity disorder and bipolar II disorder.
In August 2023, the doctor added affective disorder
A Texas appellate court ruled that a state trial court lacked jurisdiction over an out-of-state attorney who had represented a claimant in a Longshore and Harbor Workers’ Compensation Act case before the claimant moved to Texas.
Case: Weltin v. Homeport Insurance Co., No. 01-25-00155-CV, 08/13/2026, published.
Facts and procedural history: Daniel Weltin, a California attorney with the Law Offices of Daniel Weltin, represented Veronica Gray-McRae in a federal administrative claim filed in California and seeking benefits under the Longshore and Harbor Workers’ Compensation Act for
The California Division of Workers' Compensation on Wednesday said it posted a Rand study examining the impact of SB 1160 on utilization review and medical treatment during the first 30 days after a work injury.
SB 1160 exempted certain treatment provided by doctors in an employer's medical provider network from prospective utilization review during the first 30 days of treatment starting Jan. 1, 2018.
The DWC said Rand found that UR approval rates for treatment requests submitted during the first 30 days after an injury exceeded 90% both before and after the bill took effect. Rand&#
The Combined Claims Conference program committee is accepting proposals for sessions for its 2027 conference in May.
The conference will feature three educational tracks covering property, liability and special investigations units.
"We welcome proposals addressing emerging issues, innovative strategies, case studies, regulatory and legal developments, technology, best practices and other topics relevant to today’s claims and SIU professionals," the program committee said in a statement. "Sessions should provide meaningful education and actionable information atten
The Massachusetts Supreme Court affirmed an award of summary judgment dismissing negligence and negligent hiring claims brought against a general contractor by an employee of a subcontractor who suffered serious injuries when he fell from a roof.
The high court, in Monday's decision, said case law requires a general contractor to actually retain control over safety practices at a worksite to incur any liability. The court also said state law does not recognize a negligent hiring claim by an employee of a subcontractor against the project's general contractor.
Luis Contento Suquilanda
A recently amended bill would explicitly allow the agency commonly known as Cal/OSHA to share information obtained during inspections with law enforcement officers and local prosecutors.
Language allowing the Division of Occupational Safety and Health to share information with law enforcement was amended into AB 2321, a broader workplace safety measure.
AB 2321, by Assemblymember Liz Ortega, D-San Leandro, would require Cal/OSHA's Bureau of Investigations to immediately review inspection reports involving allegations of serious violations and make appropriate referrals to prosecutors. Cu