Top Story: Wednesday, December 17, 2025

Ill. - Insurance Carrier Has Duty to Defend General Contractor From Civil Suit

The Illinois Appellate Court upheld a determination that a subcontractor’s insurance carrier had a duty to defend the general contractor from a civil suit by the subcontractor’s injured employee. In March 2017, Greenscape Homes LLC was the general contractor for a residential development. Greenscape hired TBR Construction LLC as a carpentry and framing subcontractor under a standard trade contractor agreement. The agreement… Read more »

N.Y. - Court Upholds Partial Summary Dismissal of Worker's Labor Law Claim

A New York appellate court upheld the partial summary dismissal of a worker’s Labor Law claims. Case: Mitchell v. City of New York, No. 2022-04622, 12/03/2025, published. Facts: Brian Mitchell worked as a dock builder for a project in Flushing Bay on a property owned by the City of New York. Mitchell was tasked with removing old… Read more »

Iowa - Court Upholds Calculation of Nurse's Wages, Penalty Against Employer

The Iowa Court of Appeals upheld both the a calculation of a traveling nurse’s wages and the assessment of a penalty against her employer. Case: U.S. Nursing Corp. v. DeCormier, No. 25-0407, 12/03/2025, published. Facts: Cynthia DeCormier worked for U.S. Nursing Corp. as a traveling nurse. She fell and injured her wrist while… Read more »

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IL Insurance Carrier Has Duty to Defend General Contractor From Civil Suit

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WV Worsening of Worker's Occupational Pneumoconiosis Warrants Increase in PPD Award

W.Va. - Worsening of Worker's Occupational Pneumoconiosis Warrants Increase in PPD Award

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was entitled to an increase in his permanent partial disability award due to the worsening of his occupational pneumoconiosis. Case: Cliffs Logan County Coal LLC v. White, No. 25-ICA-250, 12/04/2025, published. Facts: Forrest White worked for 24… Read more »

Conn. - OSHA Fines Contractor $1.2 Million

The federal Occupational Safety and Health Administration fined a Connecticut contractor more than $1.2 million for allegedly failing to protect workers from cave-in and excavation hazards. OSHA said it cited Sound Construction in 2023 for violations discovered during an investigation into a workplace fatality. The agency entered a settlement with the company requiring the owner… Read more »

Wash. - State to Consider Expanding PTSD Presumption to Jail Employees

Washington lawmakers could consider a bill that would broaden workers' compensation coverage for post-traumatic stress disorder among employees at local correctional facilities, extending presumptive benefits given to most first responders and registered nurses in the state. SB 5882, prefiled Monday, would presume that PTSD suffered by local correctional facility workers is… Read more »

Ntl. - Tower MSA: Set-Aside Recommendations Decline, Amounts Hold Steady

Data from the U.S. Centers for Medicare and Medicaid Services show the average workers' compensation Medicare set-aside amount has held steady, even as the number of recommendations has decreased, according to Tower MSA. Data released in November shows the total number of reviews where CMS issued a recommended amount… Read more »

Calif. - Barthel: Is Dubon II on the Way Out?

by Donald R. Barthel

With the advent of new case law from the 2nd District Court of Appeal effectively ending the Patterson doctrine, defense attorneys have to question whether the WCAB's en banc decisions in Dubon I and II could eventually be challenged as well. The appellate court’s decision in Illinois Midwest Insurance Agency v. WCAB (Rodriguez) could impact… Read more »

Top Story: Wednesday, December 17, 2025

Ill. - Insurance Carrier Has Duty to Defend General Contractor From Civil Suit

N.Y. - Court Upholds Partial Summary Dismissal of Worker's Labor Law Claim

Iowa - Court Upholds Calculation of Nurse's Wages, Penalty Against Employer

News: Top

News: NORTH

News: SOUTH

W.Va. - Worsening of Worker's Occupational Pneumoconiosis Warrants Increase in PPD Award

Conn. - OSHA Fines Contractor $1.2 Million

Wash. - State to Consider Expanding PTSD Presumption to Jail Employees

Ntl. - Tower MSA: Set-Aside Recommendations Decline, Amounts Hold Steady

Calif. - Barthel: Is Dubon II on the Way Out?

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