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Workers' Compensation News

 

High Court: Attorney Fee Cap Applies Per Injury 07/11/2025
State: NM | Segment: Top | 0 | Popular with Insurance
The New Mexico Supreme Court ruled that injured workers are entitled to an award of reasonable attorney fees, up to the statutory cap, for each accidental injury they suffer rather than for each accident or claim. ...Read More
 
 

High Court Invalidates Cap on Attorney Fees in Appeals 07/08/2025
State: NM | Segment: Top | 0 | Popular with Legal
The New Mexico Supreme Court ruled that a statutory cap on attorney fees enacted in 1987 does not apply to appeals. The high court said the ...Read More
 
 

High Court: Insurers in Run-Off, Insolvent Fund Both Eligible for Reimbursements 07/03/2025
State: MA | Segment: Top | 0 | Popular with Insurance
The Massachusetts Supreme Court issued a pair of decisions finding that insurers in run-off are not precluded from receiving second-injury reimbursements, and the state's insolvent carrier fund is eligible for cost-of-living adjustments from the Workers' Compensation Trust Fund. ...Read More
 
 

Heat-Related Injuries Increase as Temperatures Clear 80 Degrees 06/27/2025
State: NA | Segment: Top | 0 | Popular with Insurance
Heat-related workplace injuries double when temperatures rise to just 80 or 85 degrees Fahrenheit and increase more than sevenfold when temperatures exceed 90 degrees, according to a new report by the Workers Compensation Research Institute. ...Read More
 
 

High Court Says Retaliatory Firing Illegal Only if Employer is Trying to Avoid Liability for Claim 06/26/2025
State: IN | Segment: Top | 0 | Popular with Insurance
The Indiana Supreme Court held that a trial court should have dismissed a teacher's case alleging she was fired in retaliation for contemplating filing a workers' compensation claim because she failed to allege the district was exclusveily motivated by a desire not to pay the claim. ...Read More
 
 

High Court Decision on Occupational Diseases May Doom SIF Claim 06/20/2025
State: MO | Segment: Top | 0 | Popular with Insurance
A Missouri appeals court said a recent decision from the state's Supreme Court holding that occupational diseases are not compensable preexisting disabilities for Second Injury Fund Claims could derail an injured worker's claim for benefits. ...Read More
 
 

High Court: Worker Not Required to File Comp Claim Before Suing Employer 06/18/2025
State: TX | Segment: Top | 0 | Popular with Insurance
The Texas Supreme Court said the Division of Workers' Compensation does not have exclusive jurisdiction to determine whether an injury was work-related in a dispute arising outside of the context of compensability and when the relief requested by the injured worker does not depend on entitlem...Read More
 
 

Hawaii Unseats New Jersey as Most Expensive State in DCBS Study 06/18/2025
State: NA | Segment: Top | 0 | Popular with Insurance
Hawaii completed a 10-year march to become the most expensive jurisdiction for workers' compensation coverage in the semi-annual interstate rate comparison published by the Oregon Department of Consumer and Business Services. ...Read More
 
 

High Court Adopts New Standard for Intentional Harm Exception in Latent Disease Claims 06/09/2025
State: WA | Segment: Top | 0 | Popular with Legal
The Washington state Supreme Court said a worker who developed mesothelioma from repeated occupational exposure to asbestos can pursue a personal injury case without first having to prove his employer had actual knowledge that an injury was certain to occur. ...Read More
 
 

Hospital Presumption, Bill Review and Fraud Reporting Measures Pass 06/06/2025
State: CA | Segment: WEST | 0 | Popular with Legal
California lawmakers voted to pass bills to create a presumption that certain injuries are compensable for hospital workers, allow independent bill review to resolve disputes over contractual discounts and require certain entities to report suspected premium fraud to the state. ...Read More
 
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