WI - Police Officer's Duty Disability Benefits Not Subject to Offset
03/10/2026 | 0
The Wisconsin Court of Appeals, in an unpublished decision, ruled that a police officer’s duty disability benefits could not be offset by the workers' compensation benefits he already received.
Kurt Lacina worked as an officer for the Milwaukee Police Department.
In January 2008, Lacina suffered a broken back and neck in a duty-related police squad accident.
Lacina underwent two spinal surgeries and returned to limited-duty work in 2009. Lacina then applied for duty disability retirement benefits based on his physical injuries. Benefits were denied in July 2010.
Lacin...
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West Virginia’s Intermediate Court of Appeals upheld a determination that a health care worker was entitled to benefits for injuries to his left shoulder from being shoved by a patient into a doorway.
Case: Mountain Memories Assisted Living & Retirement Center v. Martin, No. 25-ICA-335, 02/27/2026, published.
Facts: Ricky Martin worked for Mountain Memories Assisted Living & Retirement Center as a patient care assistant.
According to Martin’s supervisor, on the morning of Feb. 2, 2025, Martin told him that about having been pushed by a patient into a door. The supervisor...
A New York appellate court upheld a determination that a worker’s injuries were more amenable to a permanent partial disability classification than a schedule loss-of-use award.
Case: Matter of Foster v. New York State Office of Children and Family Services, No. CV-24-1104, 02/11/2026, published.
Facts and procedural history: Vincent Foster worked for the New York State Office of Children and Family Services as a youth division aide.
He sustained injuries to his right knee, right elbow, right index finger, right shoulder and low back in 2015, as well as injuries to both of his elbows,...
A New York appellate court upheld a finding that a worker who suffered two back injuries remained disabled by his symptoms from the latter.
Case: Matter of Hummer v. Riccelli Enterprises Inc., No. CV-25-0026, 02/22/2026, published.
Facts and procedural history: Robert Hummer worked for Riccelli Enterprises Inc. He allegedly suffered a back injury at work in May 2022 when a paving machine ran into him as he was raking asphalt.
Hummer filed a workers’ compensation claim, which Riccelli contested. The company denied that the accident had occurred, and even if it had, Riccelli insist...
SACRAMENTO, CA - The Association of Workers' Compensation Professionals (AWCP) is proud to announce a new strategic partnership with WorkCompCentral, the leading online news and information resource dedicated to the workers' compensation...
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...
Utah lawmakers are sending the governor a bill that would create a Firefighter Cancer Benefit Trust Fund that, among other things, aims to reduce workers' compensation costs.
The fund created by HB 416 would be governed by an 11-member board that would be required to consult with firefighters, fire departments and workers' compensation carriers on a study of funding mechanisms.
The board would also be asked to study mechanisms for distributing funds in a way that reduces workers' compensation premiums for policies covering firefighters and provides funding for a firefighter diagn...
The South Carolina Senate confirmed the reappointment of John "Gabe" Coggiola to serve a six-year term on the Workers' Compensation Commission.
Coggiola, who was originally appointed by Gov. Henry McMaster in October 2024, will serve a term running through June 30, 2032.
After receiving his bachelor's and law degrees from the University of South Carolina, Coggiola started his legal career as a law clerk for a federal judge.
After that, he spent more than 16 years in private practice representing employers, insurers and injured workers in workers' compensation matte...
Washington state lawmakers voted to send the governor a bill that would allow the Department of Labor and Industries to implement a pilot program to expedite treatment for post-traumatic stress disorder.
HB 2405, introduced at the request of the department, would allow L&I to work with subject matter experts to create the pilot project that would run through 2030.
Under the pilot, L&I and self-insured employers could authorize treatment for PTSD after an occupational disease claim is filed but before the claim is adjudicated.
On state fund claims, costs incurred for treatment on cla...
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...
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...
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...
