CO - Court: Employers Can't Limit Maintenance Medical in Final Admissions of Liability
03/16/2026 | 0
The Colorado Court of Appeals ruled that employers cannot limit maintenance medical benefits to specific treatments in a final admission of liability.
At the same time, the court held that Section 8-42-107(8)(f), which addresses information that employers can include in a final admission of liability, does not prohibit referring to a physician's report recommending specific medical treatment.
As a result, the court said the Industrial Claim Appeals Panel did not err in affirming an administrative law judge's decision denying Fredy Barba's request for penalties.
Barba injured his...
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The Oregon Court of Appeals ruled that a worker was not entitled to a penalty for the premature closure of his claim for an ankle injury.
Case: Calvi v. Gallagher Bassett Services Inc., No 115, 02/19/2026, published.
Facts and procedural history: John Calvi worked for Progressive Roofing. He injured his ankle at work and filed a workers’ compensation claim.
The Workers’ Compensation Board established a claim for a disabling right ankle sprain and right talar chondral lesion. The claim was closed on May 25, 2023.
That same day, Calvi filed a request for reconsideration.
The App...
A New York appellate court upheld a finding that an injured worker knowingly made false statements about his work activities after retiring, but his conduct was not so egregious as to warrant the forfeiture of future wage replacement benefits.
Case: Matter of Belcher v. Dominican Village Inc., No. CV-24-1475, 02/19/2026, published.
Facts: Albert Belcher worked for Dominican Village Inc. He injured his back at work in June 2022.
Belcher continued to work after his injury, with restrictions and accommodations.
In November 2022, after Dominican denied Belcher’s request for an additional...
A New York appellate court ruled that the defendant in a Labor Law action was entitled to summary judgment dismissing the claims by a worker allegedly struck by a cart while attempting to lift it overhead.
Case: Williams v. City of New York, No. 2024-07160, 02/18/2026, published.
Facts: Antonio Williams worked for Venture Solar. The New York City Housing Authority hired Venture to install solar panels on the rooftops of structures at the Queensbridge Housing Project in Queens.
According to Williams, he was instructed to move a "moon cart" from one rooftop to an adjacent rooftop th...
The infamous QME template legislation, Assembly Bill 1293, has been signed into law but will not take effect immediately.
In fact, the thus far unseen templates and their accompanying regulations have until Jan. 1, 2027, to be effectuated. Before then, the Division of Workers' Compensation will design the proposed QME template forms and request public comments.
The stated goal of this legislation is to reduce litigation by standardizing how QME reports are requested and written. However, there are specific legal limitations built into the text (Labor Code § 4062.4) that aff...
West Virginia’s Intermediate Court of Appeals upheld an award of attorney fees to a worker, finding that an administrator’s failure to include a back strain as a compensable component of the claim was unreasonable.
Case: Stonerise Healthcare v. Dewitt, No. 25-ICA-306, 02/27/2026, published.
Facts: Kimberly Dewitt worked for Stonerise Healthcare. She saw Dr. Lindsay Weglinski in October 2023 with complaints of pain in her knee and back.
Dewitt reported that she had tripped at work on an uneven floor and landed on her left knee.
Weglinski diagnosed a contusion of the left kn...
TX - Judge Vacates OSHA Citation in Railcar Injury Case
A federal administrative law judge has vacated an Occupational Safety and Health Administration citation issued to a cold-storage warehouse operator after a railcar unloading accident that left a worker paralyzed.
The case stemmed from a March 30, 2023, incident at a La Porte, Texas, facility in which workers were unloading pallets of frozen chicken feet from a refrigerated railcar when stacked boxes weighing 40 to 50 pounds each collapsed onto them. One employee was knocked unconscious, and another suffered catastrophic injuries and was left paralyzed, according to Secretary of Lab...
A forthcoming federal audit will examine how well the Occupational Safety and Health Administration is addressing workplace violence.
According to the recently released U.S. Department of Labor Office of Inspector General’s fiscal year 2026 audit work plan, the review will assess OSHA’s actions to prevent and respond to workplace violence, which the agency defines as any act or threat of physical violence, harassment, intimidation or other disruptive behavior occurring at a worksite.
Workplace violence remains a significant occupational safety concern, the inspector general&rsquo...
Los Angeles County District Attorney Nathan J. Hochman launched an advertising campaign on county buses to warn the public that lying or misrepresenting facts to obtain workers’ compensation benefits is a felony.
“Knowingly making a false statement to collect workers’ compensation benefits is textbook fraud, and we are filing charges against anyone who engages in it — employees, medical providers, attorneys or any other participants in the schemes,” Hochman said in a statement. “If you choose to falsify a claim, exaggerate an injury or create false med...
BATON ROUGE, La. (March 11, 2026) The Retailers Casualty Insurance Company board of directors has declared a $1 million distribution payable for policies with effective dates in 2024, and distributions to qualifying policyholders have been issued.
Each distribution is in proportion to qualifying policyholder premium and loss ratio-the better their record, the higher ...
A Texas appellate court ruled that a trial judge should have granted the motion of a defendant in a civil suit for leave to designate the plaintiff’s employer a responsible party.
Faith Lawson worked for United Parcel Service Inc. as a delivery driver. Christopher J. Hudspeth Jr. worked for PVF Industrial Supply Inc.
Hudspeth’s truck collided with Lawson’s parked delivery van on April 22, 2016. Hudspeth was acting within the course and scope of his employment with PVF at the time of the accident.
Lawson sued Hudspeth and PVF before the statute of limitations expired, but P...
The Pennsylvania Superior Court turned down collateral review of the denial of summary judgment on an employer’s exclusivity defense to a worker’s personal injury action.
Case: Hailu v. Giorgio Fresh Co., No. 2988 EDA 2024, 02/25/2026, published.
Facts and procedural history: Samuel Hailu filed a personal injury action against the Giorgio Fresh Co. for an accident that occurred at Giorgio’s warehouse in Chester County.
Hailu sought damages for the injuries he allegedly sustained while working at the warehouse as an employee from Temp Staffing/ACCU Staffing.
Giorgio f...
A New York appellate court ruled that a worker’s special employer was entitled to summary judgment dismissing the civil claims against it for the worker’s alleged injuries from an exploding keg of kombucha.
Case: Samuel v. Petainer, No. 2024-02870, 02/18/2026, published.
Facts: Ori Samuel allegedly was injured when a plastic keg containing kombucha exploded at a facility owned by Gotham Mini Storage and leased by GT's Living Foods LLC.
According to Samuel, he was hired by GTLF as a brand ambassador. He claimed he was trained by employees of GTLF and given work...
A New York appellate court ruled that a defendant in a Labor Law action should have been granted partial summary judgment dismissing the claims against it and on its indemnification claim.
Case: Scanlon v. South Street Seaport Limited Partnership, No. 155345/20 and 595494/22, 02/17/2026, published.
Facts: Michael Scanlon worked for Kenvil United Corp. He allegedly suffered injuries from a fall off a ladder while working at a property owned by South Street Seaport Limited Partnership, as part of a project overseen by Plaza Construction LLC.
Procedural history: Scanlon filed suit against...
The Washington Senate approved amendments to a bill addressing medical treatment, voting to allow the measure to be transmitted to the governor.
The Senate on Tuesday voted 30-19 to concur with amendments made to SB 5847 while the measure was in the state House of Representatives.
The amended bill would allow network providers to deviate from coverage decisions issued by the Department of Labor and Industries, as well as the agency's medical treatment guidelines and medical policies, "when medically appropriate." The bill would also allow network providers to esc...
Virginia lawmakers gave final approval to a bill modifying provisions that allow coverage of certain mental health conditions suffered by firefighters and law enforcement officers.
The House of Delegates on Wednesday unanimously signed off on amendments to HB 1313 that were made by the Senate to reduce its scope.
The bill heading to the governor's desk would allow so-called "mental-mental" claims for post-traumatic stress disorder on or after Jan. 1, 2027.
When the House unanimously passed the bill in February, it would have allowed claims for PTSD, anxiet...
The Hawaii House of Representatives passed a handful of workers' compensation bills addressing vocational rehabilitation, treatment plans and prescription drugs.
The House on Tuesday passed HB 1514, which would require providers to approve vocational rehabilitation services if the doctor determines an injured worker is likely to require rehabilitation to return to gainful employment, and if an initial evaluation finds that the worker can participate in the program.
Additionally, the bill would clarify the process for selecting a provider of rehabilitation services, including allowing the...
