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Top Story: Wednesday, February 11, 2026
A unanimous Oklahoma Supreme Court held that exclusivity prohibits a man from suing his employer for negligence even after he dismissed his workers' compensation claim.
James B. Faulkner suffered a traumatic brain injury when a 30-pound piece of machinery fell from about 40 feet and hit his hard hat while he worked on a drill line at an oil rig in 2019.
He initiated a workers' compensation action and ultimately received about $265,000 in… Read more »
The Colorado Court of Appeals vacated the calculation of an injured worker’s average weekly wage.
Case: Hargon v. Industrial Claim Appeals Office, No. 25CA0977, 01/22/2026, unpublished.
Facts: Mary D. Hargon worked as a contract intelligence analyst, performing short-term contracts for various employers.
In February 2024, Hargon suffered a debilitating injury… Read more »
The California 6th District Court of Appeals on Wednesday published its decision holding that the Workers' Compensation Appeals Board cannot grant petitions for reconsideration long after the 60-day statutory deadline without demonstrating a factual basis for equitable tolling.
Zenith Insurance Co. et al. v. WCAB (Chan) involved a petition for reconsideration filed in… Read more »News: WEST
News: NORTH
California Gov. Gavin Newsom is proposing to permanently adopt changes to the 60-day deadline for the Workers' Compensation Appeals Board to act on petitions for reconsideration.
A bill attached to the budget in 2024 amended Labor Code Section 5909 to declare that a petition for reconsideration is deemed denied unless it is… Read more »
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claims against a property owner and its construction manager, but summary judgment was premature on the third-party claims by the defendants against the worker’s employer.
Case: Garcia v. CityMeals-On-Wheels Property LLC, No.… Read more »
The Wisconsin Court of Appeals ruled that the made-whole doctrine did not apply to the cross-claims asserted by an insurance carrier after it abandoned its original cross-claims based on subrogation.
Case: Mani v. Selective Insurance Co. of America, No. 2023AP905, 01/21/2026, published.
Facts: In 2015, Jack Mani suffered injuries in a car accident caused by an… Read more »
A divided West Virginia Supreme Court upheld the denial of authorization for a worker’s requested shoulder surgery.
Case: Mayer v. City of Clarksburg, No. 25-576, 01/21/2026, published.
Facts: Frank Mayer worked for the City of Clarksburg. He fell while at work in May 2023.
Mayer went to the hospital, where he reported left… Read more »Advertisements
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