Blog - Lastest News from Work Comp Staffing Solutions
Court Upholds Establishment of Occupational Disease Claim
A New York appellate court upheld the establishment of a worker’s occupational disease claim for her elbows. Case: Matter of Moe v. America Ootoya Chelsea, No. CV-24-0962, 02/05/2026, published. Facts and procedural…
Workers’ Compensation Security Fund Not Subject to Assessment of Attorney Fees
The Commonwealth Court of Pennsylvania ruled that the Workers’ Compensation Security Fund cannot be subjected to attorney fees because it does not fall within the statutory definition of an “insurer.” Case:…
Benefit Increase, Revised Process for Failed RTW Proposed
Legislation introduced in Georgia would increase temporary disability and death benefits and revise the process for reinstating benefits when an effort to return an injured worker to employment fails. HB 1355…
Split Supreme Court Cites Triable Issues in Worker’s Tort Suit
A divided Pennsylvania Supreme Court upheld a determination that triable issues precluded summary judgment on a worker’s tort suit for his injuries from a skid loader accident against the owner…
Denial of Benefits for Nurse’s Parking Lot Fall Overturned
West Virginia’s Intermediate Court of Appeals overturned a denial of benefits for a nurse injured in a fall in her employer’s parking lot as she was returning from her lunch break. Case: Perrine…
Court Dismisses Claim by Worker Who Was Retrieving Personal Belongings
A New York appellate court upheld the summary dismissal of a Labor Law action by an individual who fell from a pallet rack while retrieving personal belongings from a warehouse…
Worker Fails to Provide Objective Findings of Injury to Support Claim
The Arkansas Court of Appeals upheld the denial of benefits to a worker who failed to present evidence of a compensable injury supported by objective findings after a workplace fall. Case:…
Court: Employer Didn’t Rebut Heart-Lung Presumption
A judge of compensation claims erred in finding that an employer rebutted a presumptive claim because the Citrus County Sheriff's Office and Florida Sheriff's Risk Management Fund failed to carry…
Unemployable Truck Driver Gets PTD Award
An Ohio appellate court upheld an award of permanent total disability benefits to a truck driver, finding that the combined effect of his injuries, advanced age, limited education, job history and…
No Relief for Employer That Failed to Oppose Worker’s Petition
The Nevada Court of Appeals upheld the denial of relief to an employer that failed to oppose a worker’s petition challenging the suspension of her benefits. Case: Nye County v. Amland,…
Board’s Insufficient Analysis Leads to Vacatur of PPD Award
West Virginia’s Intermediate Court of Appeals vacated an award of permanent partial disability benefits to a miner because of deficiencies in the Board of Review's analysis. Case: Bolen v. Brooks Run South Mining…
Court Rejects Property Owner’s ‘Integral-to-the-Work’ Defense
A New York appellate court rejected a property owner’s “integral-to-the-work” defense to a worker’s Labor Law claim. Case: Padilla v. 76 Eleventh Avenue Property Owner LLC, No. 32816/19, 02/03/2026, published. Facts: Arcadio…