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January 3, 2026 What Do You Think? A carrier or employer may be able to issue a “back-up denial” of a claim it has already accepted if it turns out that it was misled by the claimant. A case involving a foreman who fell from a ladder at work, and from his son’s roof, on the same day – but only reported one of the falls – illustrates what it might take for a carrier or employer to revoke its acceptance of a claim. They say lightning rarely strikes twice. Falls, however, sometimes come in pairs. Take the case of a foreman who fell from a ladder at work on Aug. 9, 2021, and filed a claim for injuries. After accepting the claim, the adjuster finally received some additional records she had been trying to get. They showed that on Aug. 9, after he went home, the worker fell off a roof. The carrier issued a back-up denial. In doing so, it relied on the recently arrived records: 1) an ambulance report relating to the fall from a roof; 2) an emergency room report (stating the claimant “was up on the roof installing his son's AC unit when he slipped and fell off the roof onto the grass"); and 3) a 911 call placed by the claimant's wife. There was, however, evidence that while working on Aug. 9, the claimant did indeed slip and fall while climbing an access ladder. The claimant challenged the revocation of his claim, arguing that the carrier based its decision on its incorrect view that there had only been one fall–the one at his son’s home. The Workers' Compensation Board affirmed the denial, and the claimant appealed. A workers’ carrier may revoke its acceptance of a claim and issue a denial at any time when the denial is for misrepresentation by the worker. The insurer must establish that the misrepresentation was material by showing that its decision to accept the claim "could reasonably have been affected" if the true facts had been disclosed. This is known as a "back-up" denial. Was the carrier entitled to retrospectively deny foreman’s claim? A.   Yes . The new information might reasonably have affected the adjuster’s decision. B. No.  Because the claimant actually fell at work as well, the carrier had no basis for revoking its acceptance. If you selected A, you agreed with the court in Alvarez v. Safe Corporation, No. A184005 (Or. Ct. App. 12/17/25) , which affirmed the board’s decision. The court pointed out that the carrier accepted the claim based on the claimant’s statements that he had been injured at work. His failure to mention that he had also fallen off the roof of his son’s house led the carrier astray. If the carrier had known of the other fall, that information likely would have impacted its decision. Further, this was not a situation where the adjuster knew about the claimant’s misrepresentation before she accepted the claim. At the time that the adjuster made her decision, she did not have the ambulance report and other documentation that would have alerted her to the other fall.  The carrier thus established that the claimant misrepresented the true cause of his injuries and that the carrier’s decision to accept the claim could reasonably have been affected by that misrepresentation.

One of the most challenging areas for any EHS professional is conducting effective safety training across a variety of operational hazards. Join our experts as they share the key training elements of the most common safety topics.    Training topics include:   Hazard communication  Forklifts  Lockout/tagout  Walking-working surfaces  Bloodborne pathogens  And more    Time will also be reserved for a live Q&A session, so be sure to bring your questions! Event type:   Live Webinar        Cost:           Free Date:              Feb. 24 2026          Time:           2:00 PM ET Event Host:   JJ Keller                  Duration:   1 hour   Click here to Register

True expertise starts with the basics—and OSHA compliance is no exception. Before you can achieve mastery, you need to identify every requirement that applies to your organization. With so many regulations and details to manage, it’s easy to overlook something critical. Whether you’re new to OSHA compliance or a seasoned professional, this webcast will help you uncover common gaps and strengthen your foundation. A solid understanding of the essentials not only helps you avoid costly citations but also ensures a safer workplace for your employees. What You'll Learn: A summary of OSHA and State Plans programs The most common OSHA violations How OSHA inspections work Determining training obligations Identifying required written plans How to conduct self-inspections for compliance   We'll wrap up with 10–15 minutes of Q&A to address your specific questions. Event type:   Live Webinar        Cost:           Free Date:              Feb. 23, 2026         Time:           2:00 PM ET Event Host:   JJ Keller                  Duration:   1 hour   Click here to Register

Inadequate training, lack of documentation, and missed inspections are compliance issues that apply across regulations and are easily avoidable. Whether the issue is forklifts, safety data sheets, fire extinguishers, or personal protective equipment, employers need a consistent and effective approach for identifying and addressing workplace hazards. Some simple issues can increase the risk of injuries and result in expensive fines!    During this informative webcast we’ll explore common violations in: Training and retraining: When it is (and is not) the solution Inspections: Creating and following a comprehensive schedule Clearance distances: Getting employees actively involved Documentation: Not only what you completed, but what you’re going to do next!   We will reserve time at the end of the webcast for questions. Register now to learn what OSHA mistakes you may be making and how to fix them.   Event type:   Live Webinar        Cost:           Free Date:              Feb. 16, 2026         Time:           2:00 PM ET Event Host:   JJ Keller                  Duration:   1 hour   Click here to Register