Louisiana Jury’s $411M Could Be Biggest WC Award

• A Louisiana jury has awarded $411 million to a Texas scaffolding contractor who was hit on the head by a heavy metal pipe while working at a Lake Charles refinery, according to local media.
• The damages the Baton Rouge jury awarded included $109 million for future care, pain and emotional distress and another $154 million for future loss of enjoyment of life.
  Jose Valdivia worked at a Phillips 66-owned refinery that was contracted by Brock Services (see below) in Lake Charles.
• Brock’s contracted occupational physician determined the case was a minor one that did not require OSHA reporting even though Valdivia had potential triggers for OSHA reporting as he was in the hospital, had to be put on intravenous fluids and lost consciousness.
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Texas Court Vacates Exxon’s $25M Recovery From Contractor’s Policy

• A Texas appellate court vacated an order directing a Brock Services’ insurer to contribute $25 million toward a settlement Exxon entered with three workers who had also accepted workers compensation benefits stemming from injuries in a 2013 refinery explosion.
• The court said a workers’ compensation exclusion wasn’t applicable because Exxon wasn’t seeking coverage under the policy for an obligation it owed the Brock employees under Texas’ workers’ compensation laws.
• However, the exclusion stating that the employer liability coverage doesn’t apply to bodily injuries that arise out of and in the course of employment did apply.
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NY WCB Updates Section 32 Waiver Agreement Process

• The New York State Workers’ Compensation Board has updated forms related to its waiver agreement process used in determining WCB’s liability for medical bills involving treatment of established sites in cases being settled by a Workers Compensation Law.
• Updates to Section 32 WCL (Form C-32) and Section 32 Waiver Agreement: Claimant Release (Form C-32.1) mean that beginning July 7, 2025, WCB will no longer accept those forms with earlier version dates.
• Among the updates is the addition of a Resolution of Outstanding Medical Bills section to Form C-32 to resolve all issues related to liability for medical treatment in any WCL Section 32 waiver agreement that waives medical treatment.
• This will require the parties to agree to a date by which all medical treatment bills for established sites.
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