Top Story: Tuesday, April 28, 2026

Calif. - Court: Determining Responsibility for Concealed Hazard Not Suited for Summary Judgment

Whether a subcontractor hired to line a pit with concrete was responsible for assessing the safety of the excavation work performed by the hiring party is a question of fact that precludes summary judgment, a California appeals court ruled in an unpublished decision. The owner of De Jong's Dover Dairy LLC excavated a pit and hired Supreme Construction Inc. to pour and install concrete walls. Supreme employee Luis Felipe Diaz Ornelas was… Read more »

Iowa - Worker's Settlement With Employer Bars Her Second-Injury Fund Claim

A divided Iowa Supreme Court ruled that a worker could not continue to pursue a claim against the state Second Injury Fund after entering a compromise settlement with her employer that did not establish the employer’s liability for her injury. Case: Kingsbury v. Second Injury Fund of Iowa, No. 25–0717, 04/24/2026,… Read more »

Fla. - Exclusivity Doesn't Shield General Contractor From Liability for Worker's Death

A Florida appellate court ruled that exclusivity did not shield a general contractor from liability for a worker’s death resulting from a fall that occurred when he came to the project site in preparation to bid on a subcontract. Case: Willis A. Smith Construction Inc. v. Keathley, No. 2D2025-1900, 04/24/2026, published. Facts: Willis A.… Read more »

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AZ Amended Presumption Bill Would Apply Retroactively to 2021

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W.Va. - Court Upholds Expansion of Worker's Claim, TTD Award

West Virginia’s Intermediate Court of Appeals upheld the expansion of a worker’s claim to include additional conditions and an award of temporary total disability benefits. Case: Mastec Inc. v. Blackwell, No. 25-ICA-344 and No. 25-ICA-406, 04/07/2026, published. Facts: In August 2022, Brett Blackwell saw Dr. Robert Johnston with complaints of bilateral… Read more »

N.Y. - Worker Gets Partial Judgment on Labor Law Claim; Employer Gets Dismissal of Third-Party Claim

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and his employer was entitled to summary judgment dismissing the third-party claims against it. Case: Speechio v. Starbucks Corp., No. 161323/18, 04/02/2026, published. Facts: Joseph Speechio worked for Eclipse Contracting Corp., a… Read more »

Ariz. - Amended Presumption Bill Would Apply Retroactively to 2021

Members of the Arizona House of Representatives added five years of retroactive effect to a bill intended to close a loophole that carriers have allegedly used to deny cancer claims from first responders that are presumed to arise from employment under state law. The House on Monday voted 53-4 to send an amended SB 1215 back to the Senate. The amended bill would apply… Read more »

Ill. - IWCC Announces Arbitrator Transfers

The Illinois Workers' Compensation Commission announced a pair of arbitrator transfers taking effect May 1. Arbitrators Linda Cantrell and Brad Gillespie will switch dockets, the commission announced. Cantrell will hear all matters previously set for hearing in May by Gillespie, while Gillespie will hear all matters previously set to be heard by Cantrell. Cantrell will be assigned to… Read more »

Top Story: Tuesday, April 28, 2026

Calif. - Court: Determining Responsibility for Concealed Hazard Not Suited for Summary Judgment

Iowa - Worker's Settlement With Employer Bars Her Second-Injury Fund Claim

Fla. - Exclusivity Doesn't Shield General Contractor From Liability for Worker's Death

News: WEST

News: NORTH

News: SOUTH

W.Va. - Court Upholds Expansion of Worker's Claim, TTD Award

N.Y. - Worker Gets Partial Judgment on Labor Law Claim; Employer Gets Dismissal of Third-Party Claim

Ariz. - Amended Presumption Bill Would Apply Retroactively to 2021

Ill. - IWCC Announces Arbitrator Transfers

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