IA - State Employee's Gross Negligence Claim Against Co-worker Gets Reinstated
11/24/2025 | 0
The Iowa Court of Appeals reinstated a state employee’s gross negligence claim against a co-worker.
John Larson was an inmate at the Newton Correctional Facility, and he worked as an employee for the State of Iowa. Chad Holmes was also a state employee working as a correctional trades leader within the correctional facility.
Holmes borrowed a skid loader from a local business when the one owned by the state and used at the facility stopped working. He then instructed Larson to help move a snowplow blade with the skid loader.
Holmes used the forks of the skid loader to lift the sn...
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An Ohio appellate court ruled that a worker was entitled to writ relief returning her case to the Industrial Commission to reevaluate her entitlement to permanent total disability benefits.
Case: State ex rel. Davis v. Industrial Commission, No. 24AP-431, 11/13/2025, published.
Facts: Peggy Davis worked for the Ohio Department of Transportation. She suffered injuries from a workplace fall in July 2013.
The Bureau of Workers’ Compensation accepted Davis’ claim for an aggravation of her preexisting spinal stenosis and central cord syndrome, as well as adjustment disorder.
Procedu...
A New York appellate court revived a worker’s Labor Law action against a residential property owner.
Case: Reyes v. Rahman, No. 2024-01041, 11/19/2025, published.
Facts: Jose Cuervo Reyes allegedly suffered injuries while working on a property owned by Mohammad Rahman when he fell from a ladder.
Procedural history: Reyes filed suit against Rahman, asserting claims for violations of the Labor Law.
He moved for summary judgment on the issue of liability under Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing t...
The Arizona Court of Appeals overturned a trial judge’s grant of relief from a defendant’s default to an injured worker’s civil suit.
Case: Godoy v. Wilmot Apartments Enterprises LLC, No. 2 CA-SA 2025-0071, 11/12/2025, unpublished.
Facts: Jose Godoy worked for Transpacific Asset Management. In February 2023, he was working at the Wilmot Vista Apartments when he fell off a ladder that was bolted to the building.
Procedural history: Godoy filed suit against Wilmot Apartments Enterprises LLC and Wilmot Vista Apartments LLC, asserting a claim for premises liability.
He served...
San Diego, California - 11/14/2025 - Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers' compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct claims, promotes Peter M. Golden, Esq. to Partner.
Mr. Golden is a Partner based out of the San Diego office of Die...
In 1952 (over 73 years ago) the California Supreme Court upheld the constitutionality of the Subsequent Injuries Benefits Trust Fund in the Patterson case (17 CCC 142). But not only did the court uphold SIBTF constitutionally, they therein set forth the basis of how SIBTF benefits would be paid.
The court gives the example of the one-eyed man, stating:
“Workers’ Compensation laws of various states and the federal government contain provisions for additional compensation to be paid from a fund (rather than by the employer or his workers’ compensation insurance ca...
Total disability benefits will increase nearly 5% next year to match the rise in the state's average weekly wage, according to the California Workers' Compensation Institute.
The average weekly wage grew to $1,789 in the first quarter of 2025, up 4.99% from $1,704 in the first quarter of 2024.
As a result, the maximum temporary total disability benefit and permanent total disability benefit will increase $83.82 to $1,764.11 per week for injuries occurring on or after Jan. 1 from $1,680.28.
Minimum TTD and PTD benefits will increase $12.58 to $264.61 from $252.03.
Other benefits, in...
The California Division of Workers' Compensation posted proposed changes to its disability accommodation rules to the online forum for public comments.
The rules would create a new form to file disability discrimination complaints and clarify that somebody should be prepared to attend in-person proceedings when a request for a remote appearance is not submitted at least five days in advance.
Existing rules say when a request for a remote appearance is made less than five days before a proceeding, the division will provide an accommodation unless it is unreasonable. The new rules would sa...
The National Council on Compensation Insurance said it doesn't anticipate an imminent reversal in the financial health of workers' compensation carriers or the adequacy of rates.
The national ratemaking organization said its 25th annual survey of workers' compensation insurance executives revealed concerns about the steady decline in rates and loss costs throughout the country, and the potential implication for rate adequacy.
Rates and loss costs have generally decreased for more than a decade due to falling claim frequency, moderate changes in medical and indemnity claim costs a...
A Florida lawmaker introduced legislation that would double the number of consent-to-rate policies that workers' compensation carriers are allowed to write.
State law currently allows carriers to use excess rates for up to 10% of their policies.
SB 618, filed Thursday by Sen. Keith L. Truenow, R-Tavares, would allow carriers to use excess rates for up to 20% of their annual workers' comp policies.
The 10% limit on excess rates for other commercial lines would remain in place.
SB 618 would also reduce the Florida Workers' Compensation Insurance Guaranty Association to nine m...
The Special Investigative Unit of RJN Investigations, Inc. was recently notified of a felony arrest based upon a documented fraud referral. In this case, the claimant was employed as a caretaker of the California Department of Social Services - I.H.S.S. At the time of the claimant's deposition, he appeared wearing a back support and ambulating with the aid of a cane. Proactively,...
Southern California continues to have higher frequency and a higher concentration of more complex claims involving medical-legal services and litigation, the Workers' Compensation Insurance Rating Bureau said in its 11th annual study of regional differences in claim characteristics.
The WCIRB said the pattern of significant regional differences in indemnity claim frequency, even after adjusting for wages and industry mix, has remained generally stable. While differences widened slightly in the latest analysis, the 2025 Geo Study shows the same fundamental pattern as prior years.
Claim fr...
A New York appellate court overturned a finding that a worker was only entitled to a 12.5% schedule loss of use award for a knee injury due to a prior SLU award he received to an earlier injury to the same knee.
Case: Matter of Krein v. Green Haven Correctional Facility, No. CV-24-1994, 11/13/2025, published.
Facts and procedural history: Kevin Krein worked for the Green Haven Correctional Facility. He injured his right knee at work in 1999 and received a 12.5% schedule loss of use award for his right leg.
In 2003, Krein sustained another work-related injury to his right knee; however, no f...
The Washington Court of Appeals upheld the denial of a worker’s protest to an order closing his claim as untimely.
Case: Mercier v. Department of Labor and Industries, No. 59483-8-II, 11/12/2025, unpublished.
Facts and procedural history: In August 2000, Raymond Mercier injured his back and ankle while working as a bakery manager.
Mercier filed an incident report with the Department of Labor and Industries and began receiving workers’ compensation benefits.
In October 2000, L&I mailed Mercier a notice closing his claim. The notice was mailed to Mercier’s address, but ...
The Indiana Court of Appeals upheld the denial of a worker’s claim for benefits for a fall as she was exiting a car after returning from lunch.
Case: Krutzsch v. Franciscan Alliance, No. 25A-EX-1705, 11/07/2025, unpublished.
Facts: Staci Krutzsch worked as a nurse manager for Franciscan Alliance. On Sept. 23, 2022, Krutzsch fell while exiting the passenger side of a coworker’s vehicle returning to work after lunch.
Procedural history: A single member of the Workers’ Compensation Board found Krutzsch’s injuries from her fall were compensable.
The board reversed, find...
A federal appellate court overturned an award of damages for a worker’s death from an overdose of illegal drugs after he ran out of his prescription pain medications for his work-related injuries.
Case: Bommarito v. Belle Chasse Marine Transportation LLC, No. 22-30382, 11/13/2025, published.
Facts: Belle Chasse Marine Transportation LLC transports people and goods to and from vessels on the Mississippi River. Belle Chasse Land Transportation Inc. builds Marine’s launch sites. Land is a wholly owned subsidiary of Marine — the two companies share insurance policies, a human r...
The Oregon Workers' Compensation Division adopted changes to its employer and insurer coverage responsibility rules it said are needed to revoke self-insurance authorization when an employer's security deposit expires and to implement legislation exempting school districts from posting a security deposit.
Rules that take effect Jan. 1. require self-insured employers to replace a security deposit at least 15 days before it expires or is nonrenewed by the issuing surety company or bank.
The division said the rules clarify what a self-insured employer that is exempt from security requir...
Officials at the Nevada Occupational Safety and Health Administration rescinded citations levying more than $425,000 in penalties on Elon Musk's The Boring Co. less than a day after they were issued because they failed to assess the reasonableness of the company's mitigation efforts, according to a memo a state attorney wrote earlier this week.
The Nov. 17 memo addressed to the director the Department of Business and Industry, was released along with other documents and a statement from Nevada OSHA denying that Gov. Joe Lombardo, a Republican who endorsed Donald Trump for president in...
