CO - Court: Compensability Determination or Admission Required to Reopen Claim for Change in Condition
09/21/2026 | 0
The Colorado Court of Appeals in a case of first impression held that a workers' compensation claim can be reopened for a change in condition only if there was an admission or determination that the injury was compensable before it was closed.
Because there was no determination on the compensability of Lusia Murillo's claim before it was closed for failure to prosecute, the court said it affirmed the Industrial Claim Appeals Office decision that it was not eligible to be reopened.
Murillo claimed she injured her lower back working as a housekeeper for the Ritz-Carlton, Bachelor Gulch
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The Washington Court of Appeals rejected a worker’s challenge to a trial judge’s dismissal of his claim for alleged injuries to his hands while working at a shipyard.
Case: West v. Fishermen’s Finest Holdings LLC, No. 88505-7-I, 09/08/2026, unpublished.
Facts: Fishermen’s Finest Holdings LLC manages fishing vessels, including the American No. 1. During fishing seasons, the American No. 1 makes various fishing trips to Alaska.
American No. 1 crewmembers are contracted by FFH on a single-trip basis. In between fishing seasons, FFH employs laborers to perform maintenanc
The Workers’ Compensation Insurance Rating Bureau of California is holding a virtual meeting Wednesday at 9:30 a.m.
Committee members are slated to review proposed revisions to the WCIRB's Premium Audit Accuracy Program.
The committee will also receive an update on current and pending legislative, regulatory and judicial developments and hear status reports on the Sept. 1 regulatory and pure premium rate filings.
A link to register for the meeting webinar is provided on the agenda, available here.
Regional workers' compensation services provider Summit announced that it is expanding its operations into Maryland and Washington, D.C.
Summit announced Thursday that its carriers, Bridgefield Casualty Insurance Co. Bridgefield Employers Insurance Co. and Bridgefield Indemnity Insurance Co. received regulatory approval to begin offering workers’ compensation coverage in both jurisdictions.
Summit also provides workers’ compensation coverage and related services to businesses in Alabama, Arkansas, Delaware, Florida, Georgia, Indiana, Illinois, Kentucky, Louisiana, Mississippi
SAN DIEGO, Calif. (September 11, 2026) On the 25th anniversary of September 11, Health & Safety Leadership Alliance and Institutes of Health (IOH) today issued five recommendations designed to reduce delays between a first responder's request for help and the start of coordinated treatment.
First responders are trained to take control of emergencies and keep functioning under pressure so they can protect others. Asking
If you are anything like the average individual, there is something uniquely fascinating about watching professional athletes showcase their extraordinary talent, skills and strengths, as they are the modern-day version of gladiators. But that also presents an interesting question that most people don’t think about: What about when these athletes get injured? What benefits are they entitled to?
Are professional athletes subject to specific rules or regulations within the workers’ compensation system? While they are evaluated under the standard workers’ compensation
A New York appellate court ruled that a worker’s malpractice claim against his former counsel in a workers’ compensation action was properly dismissed, and that his claim against the firm he consulted for a personal injury action should have been dismissed as well.
Case: Pires v. Daniella Levi & Associates PC, No. 2024-11101, 09/16/2026, published.
Facts: Manuel Pires allegedly suffered injuries while working on a construction project for the City of New York.
Pires hired the law firm of Ugalde & Rzonca LLP to represent him in pursuing workers' compensation ben
The California Workers' Compensation Institute reported that the pandemic temporarily disrupted loss cost trends but did not curtail the persistent growth in medical and indemnity claim costs.
The pandemic temporarily moderated initial loss costs, CWCI reported. Average total paid losses measured 6 months and 12 months after injury rose steadily through accident year 2020 before leveling off in 2021 when more than 82,000 COVID-19 claims entered the system. The influx of relatively low-cost COVID claims had a brief moderating effect on paid losses, especially during the first year of devel
A divided panel of the District of Columbia’s high court ruled that a worker’s claim for additional benefits was properly dismissed as untimely.
Case: Crutchfield v. DOES, Nos. 24-AA-1000 & 24-AA-1046, 09/10/2026, published.
Facts: Teresa Crutchfield worked for the Carolyn Boone Lewis Health Center as a certified nursing assistant. In March 2011, she injured her back while lifting a patient. Carolyn Boone filed a report of injury six days later.
Crutchfield filed a claim for workers’ compensation benefits with the Department of Employment Services Office of Workers&rsq
The Kentucky Court of Appeals ruled that a distillery was not entitled to up-the-ladder immunity from liability for injuries sustained by a fuel delivery driver while making a delivery.
Case: Norman v. Jim Beam Brands Co., No. 2024-CA-0332-MR, 09/11/2026, unpublished.
Facts: Rickey Norman worked for Premier AG, delivering diesel fuel and gasoline to its customers.
Norman suffered injuries in a fall from a ladder while making a delivery to a distillery owned by Jim Beam Brands Co.
He filed a workers’ compensation claim against Premier, and a premises liability claim against Beam.
Pro
Sacramento, CA — September 15, 2026 — APEX Investigation® today named Jeff Kool as Chief Operating Officer. Kool was the company’s first employee nearly thirty years ago before departing for a career in law enforcement — one that concludes this year with his retirement from the Roseville Police Department after over 23 years of service.
“Jeff, who nearly three decades ago was APEX&
A federal appellate court upheld the dismissal of claims for maritime-law negligence and subrogation against a liftboat operator.
Case: Aries Marine Corp v. American Longshore Mutual Association Ltd., No. 26-30226, 09/14/2026, unpublished.
Facts: The Aries Marine Corp. operates liftboats and offshore supply vessels. The L/B RAM XVII was part of its fleet.
Aries chartered the liftboat to Fieldwood Energy LLC. While it was being used in connection with work at one of Fieldwood’s offshore platforms, the liftboat’s port leg started to sink into the seabed, and it eventually capsized
The Illinois Workers' Compensation Commission announced that it is moving hearings to Springfield because of significant water damage at its building in Collinsville.
Remediation work has started in Collinsville, but the commission said it is uncertain when it will be allowed to return to the building.
"It is our hope that the needed work will be completed quickly and our return to Collinsville will be soon," the commission said. "In the interim, we will make certain that sufficient space is made available in our Springfield office at 9th & Capitol, for hearings. There
A federal appellate court ruled that the workers’ compensation carrier for a now-defunct coal mine staffing company was entitled to pierce the corporate veil and void the transfer of the company’s assets to its three shareholder-directors.
Star Mine, a now-defunct Kentucky corporation, once operated as a coal mine staffing provider.
Kenneth Taylor Jr., Lee Bowles, and Todd P’Pool comprised the company’s board of directors and were its only corporate officers.
Star Mine obtained workers’ compensation coverage for which it would pay an estimated premium based on
The Oregon Court of Appeals upheld the denial of a worker’s claim for benefits for his diagnosis of adjustment disorder.
Case: Hayes v. Trimet, No. 864, 09/10/2026, unpublished.
Facts: Ronald Hayes worked for Trimet. He filed a workers’ compensation claim seeking benefits for his diagnosis of adjustment disorder.
Dr. Donna Wicher diagnosed Hayes with adjustment disorder with depressed features.
She initially said that 60% of the cause of the adjustment disorder was a 2023 work event that occurred while Hayes was driving a bus for employer and 40% of the cause was preexisting pe
The Oregon Workers' Compensation Division said announced plans to review the timeliness and accuracy of payments for arbiter and interpreter services.
The division said it will audit a sample of medical billing payments issued from April 1, 2025, through March 31, 2026, for arbiter and interpreter services. The focus of the review will be to assess the timeliness and accuracy of payments and to identify systemic issues or noncompliance patterns.
Insurers could face civil penalties if the division finds they are not paying bills correctly.
The WCD said it will contact carriers soon to sc
A New York appellate court ruled that a worker who fell on a permanent staircase at a construction site should have been granted summary judgment on his Labor Law claim.
Case: Riley v. Memorial Sloan-Kettering Cancer Center, No. 156397/20, 595116/21, 09/10/2026, published.
Facts: Michael Riley suffered injuries while working on a construction project at the Memorial Sloan-Kettering Cancer Center when he fell down a permanent staircase.
Procedural history: Riley filed suit against MSK and the JGN Construction Corp., asserting claims for negligence and violations of the Labor Law.
JGN filed
The Louisiana Association of Self-Insured Employers is holding its annual conference Nov. 11-13 in Baton Rouge.
The conference will feature a legislative and legal update, as well as sessions exploring strategies for self-insured employers, best practices for handling high-stakes claims and a review of workers' compensation cost drivers including medical cost traps and provider practices.
LASIE said there will be 12 hours of continuing education credits in industry-related fields.
The 2026 conference is at the Crowne Plaza Hotel, 4728 Constitution Ave. in Baton Rouge.
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