A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…

For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or…

A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…

The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin…

The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at…

The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her…

The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical…

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…

A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day…

A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.

A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South…

A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…

The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under…

The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained…

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…

A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal…

A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley…

The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,…

The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v.

The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v.

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…

A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in…

The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and…

The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community…

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…

The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela…

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…

A divided West Virginia Supreme Court upheld the closure of a worker’s claim for temporary total disability benefits and the denial of his request to expand the scope of his…

The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…

The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.

The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott…

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…

The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for…

The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked…

West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No.

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…

The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…

The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…

The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,…

The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for…

The West Virginia Supreme Court upheld a denial of permanent partial disability benefits to an injured worker. Case: Underwood v. West Virginia Department of Health and Human Resources, No. 23-118, 08/01/2024,…

A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining…