TX - Employer Had No Duty to Protect Worker From Icy Sidewalk
03/09/2026 | 0
A Texas appeals court affirmed summary judgment for a senior living facility in a nurse’s slip-and-fall case, finding the employer had no duty to protect her from naturally accumulated ice and did not assume such a duty by attempting to clear the sidewalks.
As a general rule, property owners don't have a duty to clear naturally occurring ice and snow, and state law imposes no general duty to be a "good Samaritan," the Court of Appeals for the 7th District of Texas said in a decision handed down Wednesday.
However, a duty can arise when a defendant voluntarily provides ser...
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The Illinois Appellate Court ruled that a worker’s voluntary dismissal of a retaliatory discharge claim, though taken to avoid adverse pretrial rulings, did not trigger expense-shifting.
Case: Anderson v. Greif Packaging LLC, No. 3-25-0100, 02/17/2026, published.
Facts and procedural history: Taievion Anderson worked for Greif Packaging LLC. Greif terminated him after he failed to return a questionnaire form directed at his physician.
Anderson then filed a retaliatory discharge action against Greif, alleging that he was terminated for exercising his rights under the Workers’ Com...
The Kentucky Supreme Court overturned a decision of the Court of Appeals directing an administrative law judge to revisit a determination that a worker’s surgery was not compensable.
Case: Graybar Electric v. Starr, No. 2025-SC-0204-WC, 02/19/2026, published.
Facts and procedural history: Jeremy Starr worked as a delivery driver for Graybar Electric. He injured his back at work in March 2018.
Before this incident, Starr had a 2004 motor vehicle accident. He underwent a magnetic resonance imaging scan in January 2005, which showed a left paracentral disc herniation at L5-S1 and hypertr...
A New York appellate court upheld an award of benefits to the widow of a truck driver who died of COVID-19.
Case: Matter of Hogan v. ABF Freight System Inc., No. CV-24-1493, 01/22/2026, published.
Facts: Thomas Hogan worked for ABF Freight System Inc. as a truck driver.
In March 2020, Hogan began suffering from a fever and flu-like symptoms. After developing a high fever and respiratory distress, Horgan went to the emergency room. He tested positive for COVID-19 and was discharged.
Hogan was readmitted to the hospital on April 2, 2020, after experiencing a syncopal episode. He died the nex...
In most high-dollar workers’ compensation settlements (and in some liability cases), a Medicare set-aside is considered.
The intent of the MSA is to provide a fund from which future medical expenses will be paid on behalf of the injured person so that Medicare won’t be on the hook for payments if the person burns through the settlement money and has no other insurance to pay medical bills.
The parties typically submit proposed MSAs to the Centers for Medicaid and Medicare Services for approval, and these submissions include estimated future costs for drugs for the worker&rsqu...
The West Virginia Supreme Court upheld the denial of temporary total disability benefits to a truck driver, as well as a determination that his compensable injury was limited to a low-back sprain.
Case: Johnson v. Blackhawk Mining, Nos. 24-516 and 24-517, 01/28/2026, published.
Facts: Billy Johnson began working for Blackhawk Mining as a rock truck driver in May 2022.
On June 28, 2022, when Johnson raised the bed of the truck he was driving to unload 300 tons of rock, the truck rolled backward and down a 40-foot embankment. Johnson was taken to the hospital, where he reported back pai...
TN - Board Affirms Benefits in Infection Case That Led to Arm Amputation
A Tennessee appeals board on Thursday affirmed a ruling that a truck driver who developed a severe infection after suffering a cut at work is likely entitled to workers' compensation benefits, including medical care related to an arm amputation, but failed to prove disability.
In Gandy v. Marten Transport Ltd., the Tennessee Workers’ Compensation Appeals Board upheld a trial court’s finding that the employee’s infection and resulting amputation were primarily caused by a workplace injury, though it modified parts of the order and vacated a preliminary award of tempo...
An Illinois appellate court on Thursday revived a wrongful death lawsuit filed by the estate of a municipal water worker who drowned after being sent alone into an underground vault, ruling that the claims are not barred by workers' compensation exclusivity at the pleading stage.
In Heiden v. Village of Westmont, the Illinois Appellate Court for the 3rd District reversed a lower court’s dismissal of the case and remanded for further proceedings.
The case stems from the February 2023 death of Matthew Heiden, a 20-year-old employee of the Village of Westmont’s water depart...
Cannabis can't qualify as reasonable and necessary medical treatment under the Longshore Harbor and Workers' Compensation Act because it remains a Schedule I drug under federal law, the U.S. 2nd Circuit Court of Appeals ruled Thursday.
Growing acceptance of cannabis having some medicinal value — and an apparent willingness of the federal government to entertain rescheduling — are irrelevant in Luis Peña Garcia's request for reimbursement for edibles recommended to treat chronic pain. All that matters is that Schedule I drugs have no accepted medical use under th...
Multi-Year sponsorship Expands Across Texas and California with Educational Resources, Community Leadership, and Patient Support
BAKERSFIELD, Calif. / AUSTIN, Texas - Centre for Neuro Skills (CNS) and the American Heart Association/American Stroke Association have extended their strategic relationship through 2027. CNS support of the Association launched in 2023 to forge stronger connections with...
The Kentucky Supreme Court ruled that a manufacturer that contracts for the delivery and transportation of raw materials qualifies as a contractor entitled to “up-the-ladder” immunity from tort liability under the workers’ compensation law.
Case: Minova USA Inc. v. Jolly, No. 2024-SC-0169-DG, 02/19/2026, published.
Facts: Minova USA Inc. manufactures resin capsules and other products for use in the mining, construction and energy industries.
The resin capsules are primarily composed of resin mastic and catalyst paste. Resin mastic and catalyst paste, in...
The Delaware Superior Court overturned an administrative finding that an injured forklift driver was not a displaced worker.
Case: Smith v. Allen Foods, No. S25A-08-002 CAK, 02/11/2026 unpublished.
Facts: Leon Smith worked for Allen Foods as a forklift driver. He suffered injuries at work in October 2024 in an accident.
Smith’s doctor kept him off work until April 2025. At that point, the doctor released him to part-time sedentary work.
Procedural history: Allen filed a petition to terminate Smith’s total disability benefits after he was cleared for part-time work.
The Industr...
The West Virginia Supreme Court upheld an award of benefits for a worker with noise-induced hearing loss.
Case: ACNR Resources Inc. v. Miller, No. 25-662, 02/13/2026, published.
Facts: Ronald Miller worked for the West Virginia Department of Highways from 1990 to 2010. He was exposed to occupational noise from heavy equipment and jackhammering during this time.
After Miller left this job, he underwent an audiogram by Katherine Cain, whose qualifications were not indicated on the audiogram form.
Miller worked for ACNR Resources Inc. from 2012 through 2015. During this time, Miller was expos...
A New York appellate court upheld a 20% schedule loss of use award for a worker’s bilateral carpal tunnel syndrome.
Case: In the Matter of Laboccetta v. Consolidated Edison Co. of New York Inc., No. CV-24-1858, 02/11/2026, published.
Facts: Vincent Laboccetta worked for Consolidated Edison Co. of New York Inc. He established a workers' compensation claim for bilateral carpal tunnel syndrome stemming from his job as an energy service representative.
Laboccetta underwent carpal tunnel release surgery by Dr. Daniel Wilen. After the surgery, Wilen opined that Laboccetta had a 30% sche...
Montana State Fund proposed a 5% average rate reduction that would take effect July 1.
If approved, the cut would bring rates to their lowest level in the carrier's 35-year history.
Montana State Fund said the latest reduction would result in a cumulative 64.6% rate cut over the last 20 years and a combined 18.8% decrease over the last three years.
MSF President and CEO Holly O’Dell said in a statement that persistent rate cuts benefit employers and workers alike.
“Lower costs and stable rates help businesses grow, create new jobs and invest in safer workpla...
Bills introduced in New York would allow injured workers to obtain prescription medications from pharmacies outside employer or insurer networks when delays or authorization issues occur.
S 9931 and companion measure A 10413 seek to amend the state’s workers' compensation law relating to access to medically necessary prescriptions. The bills were referred to labor committees in their respective chambers.
The legislation would permit claimants to use a pharmacy outside a contracted network under certain circumstances, including when an authorized medication is not dispensed by ...
The Delaware Supreme Court ruled that a sole proprietor was not entitled to coverage under his company’s workers’ compensation policy for his injuries from being attacked by an employee.
Robert Bayly was the sole proprietor of Red House Motors and Bayly’s Garage. He purchased a workers’ compensation insurance policy from Federated Reserve Insurance Co. for his employees, and an executive personal liability policy for himself.
Bayly was named in the workers’ compensation policy, but only as the sole proprietor of the businesses and not as an employee.
Delaware C...