c No Summary Judgment for Defendant; Court Lets Worker Amend Complaint By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 A New York appellate court upheld a denial of summary judgment to a Labor Law defendant and ruled that the worker was entitled to amend his complaint to add more… Full Article
c Court: Worker Should Have Been Allowed to File Late Claim By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 A New York appellate court ruled that a worker should have been granted leave to belatedly file a claim for injuries allegedly received while working on a school construction project. Case:… Full Article
c Worker Not Entitled to Summary Judgment on Labor Law Claims By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claims for an alleged fall from a ladder. Case: Injai v. Circle F… Full Article
c Court: Board Employee's Termination Justified By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A New York appellate court upheld an arbitrator’s determination that a Workers' Compensation Board employee was properly terminated for misconduct. Case: Matter of Henry v. New York State Workers' Compensation Board, No. Full Article
c Labor Law Defendants Get Summary Dismissal of Claim By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 A New York appellate court upheld summary judgment for the defendants in a Labor Law case involving a worker’s fall from the roof of a home undergoing renovations. Case: Argueta v… Full Article
c Employer of Allegedly Injured Worker Gets Dismissal of Third-Party Claim By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a third-party suit against an allegedly injured worker’s employer should have been summarily dismissed. Case: Hernandez v. Opera Owners Inc., No. 32526/19, 09/24/2024, published. Facts:… Full Article
c Worker Gets Summary Judgment on Labor Law Claim for Slip and Fall By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was properly granted summary judgment on his Labor Law claim for a workplace slip-and-fall injury. Case: Oliveira v. Top Shelf Electric Corp., No. Full Article
c WCB Reopening Most Offices By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The New York State Workers’ Compensation Board is reopening most offices for in-person services today. The board said the reopening of the Manhattan and Queens offices will be delayed because of… Full Article
c Defendant Gets Summary Judgment Dismissing Claims, Granting Cross-Claim By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing an injured worker’s claims against it and for its breach of contract cross-claim against… Full Article
c Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was entitled to summary judgment for his injuries from a falling while painting a bathroom. Case: Mosquera v. TF Cornerstone Inc., No. 23663/16,… Full Article
c Worker Struck by Motorized Bicycles After Happy Hour Event Gets Benefits By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 A New York appellate court upheld a finding that a worker was entitled to benefits for his injuries from being struck by two motorized bicycles after he left a happy… Full Article
c Worker Struck by Falling Object Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries from being struck by a falling object. Case: Tejada-Rodriguez v. 76… Full Article
c Triable Issues Preclude Summary Judgment By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 A New York appellate court ruled that an injured worker was not entitled to summary judgment on his Labor Law claims because there were triable issues as to whether his… Full Article
c Worker's Labor Law Claim Dismissed; Defendant's Indemnification Claim Revived By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 A New York appellate court upheld the summary dismissal of a worker’s Labor Law claim and revived a defendant’s third-party indemnification claim. Case: Pitang v. Beacon Broadway Co. LLC, No. 27350/17, 10/01/2024,… Full Article
c No Summary Judgment for Worker Struck by Falling Materials By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker struck by falling materials was not entitled to summary judgment on his Labor Law claim. Case: Shewprasad v. KSK Construction Group LLC, No. Full Article
c Court Upholds 45% SLU for Worker's Knee Injury By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A New York appellate court upheld a 45% schedule loss of use award for a worker’s knee injury. Case: Matter of Wright v. Elmer W. Davis Inc., No. CV-23-0342, 10/03/2024, published. Facts… Full Article
c Surveillance Footage Doesn't Prove Employee Made False Statements By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A New York appellate court ruled that an employer’s video surveillance footage of an injured worker did not establish that he ever made a false statement about his condition. Case: Linane v. Full Article
c Worker Fails to Link Amputation of Leg to Prior Work Accident By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker failed to prove the amputation of his leg was related to his injuries from a fall in 2006. Case: Matter of DiPippo… Full Article
c Court Upholds Award for Worker's Collapsed Lung By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was entitled to benefits for a collapsed lung from an on-the-job exposure. Case: Matter of Bonitto v. Vivid Mechanical LLC, No. CV-23-0192,… Full Article
c Worker Hit by Falling Tree Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 A New York appellate court upheld a grant of summary judgment in a Labor Law claim by a worker injured by a falling tree. Case: Ells v. City of Niagara Falls, No. 644… Full Article
c Worker, Defendant Get Summary Judgment on Claims By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim and that the defendant was entitled to summary judgment on its… Full Article
c Worker Gets Benefits for Ladder Fall Injuries Despite Intoxication By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 A New York appellate court upheld an award of benefits for a worker even though he was heavily intoxicated when he fell from a ladder. Case: Matter of Lujan-Espinzo v. Electrical Illuminations by… Full Article
c Report: WCB Says Patriots Owe $24,000 for Not Having Comp By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The New York State Workers' Compensation Board is trying to collect a $24,000 fine from the New England Patriots for not having workers' compensation coverage, according to a report by… Full Article
c Carrier Liable for Worker's Claim After Coverage Ended By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a carrier was liable for a worker’s claim even though her date of disablement fell after the coverage ended. Though Travelers Indemnity Co. of America's… Full Article
c Worker Fails to Prove Exacerbation of PTSD From Job Stress By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 A New York appellate court upheld the denial of a worker’s claim for the exacerbation of her preexisting psychological condition by alleged workplace stress. Case: Matter of Gorbea v. Verizon New… Full Article
c Annuity Interest Rate Increases to 4.36% By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Nevada Division of Industrial Relations announced an increase in the interest rate to calculate permanent partial disability lump-sum settlements. The division said the interest rate will increase to 4.36% from… Full Article
c WCS Announces 10.4% Benefit Increase By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Nevada Workers’ Compensation Section reported that maximum monthly benefits increased by 10.4% on Monday. The maximum benefit increased to $5,630.43 for the fiscal year that runs through June 30, 2025,… Full Article
c WCS Opens Registration for Training Session By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Nevada Workers’ Compensation Section is holding a basic orientation training session online on Aug. 1. The free educational program covers the basic work comp regulatory processes and a review of… Full Article
c WCS Graduated Fine Schedule Takes Effect By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Nevada Workers’ Compensation Section announced that its Audit Unit will implement and enforce a new graduated fine schedule for subsequent violations. Nevada law authorizes penalties of up to $375 for… Full Article
c Annual Comp Conference Set for Sept. 12-13 By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The 12th Annual Nevada Workers' Compensation Educational Conference is scheduled for Sept. 12-13 at the Tuscany Suites & Casino in Las Vegas. This year's featured presenters include Victoria Carreón, administrator of the state Division… Full Article
c Worker's Claim for Attorney Fees Moot By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an injured worker’s claim for fees for the work her attorney did in securing benefits she was owed under the Longshore and… Full Article
c DIR Moving Las Vegas Office By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Nevada Division of Industrial Relations announced that its Las Vegas office and the last day business will be conducted in the current location is Tuesday. Starting Thursday, the DIR will… Full Article
c Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on… Full Article
c WCS Posts Guidance on New Claims Administrator Law By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Nevada Workers' Compensation Section posted a sheet of answers to frequently asked questions about new requirements for claims administrators. Lawmakers last year passed Senate Bill 274, which enacted a host… Full Article
c Court Overturns Denial of Hotel Housekeeper's Claim for Knee Injury By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The New Mexico Court of Appeals overturned the denial of a hotel housekeeper’s claim for a knee injury. Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished. Facts: Irene Moorhead worked… Full Article
c WCA Accepting Applications for Judge By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration is accepting applications from attorneys who want to serve as judges. Judge Leonard Padilla Judge Leonard Padilla is retiring on Aug. 30 after more than… Full Article
c Governor Reappoints Sonya Carrasco-Trujillo as Work Comp Judge By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 New Mexico Gov. Michelle Lujan Grisham reappointed Sonya Carrasco-Trujillo to a five-year term as a judge for the Workers’ Compensation Administration. Carrasco-Trujillo was initially appointed to a one-year term in June… Full Article
c WCA Extends Deadline for Judicial Applications By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration extended the deadline to apply for a soon-to-be vacant judicial seat until Aug. 5. The WCA in May announced that it would accept applications through… Full Article
c Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 The New Mexico Court of Appeals ruled that an injured worker pleaded his retaliation claims in such a way as to remove his case from the jurisdiction of the state… Full Article
c Selection Committee Seeks Comments on IME Applicants By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration announced that an advisory committee seeks comments on two independent medical examiner applicants. The IME Provider Selection Committee is considering authorizing Drs. Alan Altman and… Full Article
c WCA Interviews Prospective Judges Sept. 10 By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration will interview applicants for a vacant judicial position Sept. 10 at its main office in Albuquerque. Judge Leonard Padilla The WCA in May started accepting… Full Article
c WCA Seeks Public Review of Rule Changes By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 New Mexico's Workers' Compensation Administration says rule changes will take effect on Jan. 1, and the agency invites the public to take part in a webinar and to submit comments… Full Article
c Fee Schedule Public Comment Period Opens By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The New Mexico Workers' Compensation Administration is accepting public comments on the 2025 fee schedule and billing instructions. Written public comments will be accepted until the close of business on Nov. 1 and should be… Full Article
c WCA Proposes Package of Rule Changes By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration proposed a package of rule changes that would increase food and lodging reimbursements and double the payment owed to doctors for deposition testimony. The rules… Full Article
c Federal Court Upholds Damage Award for Carrier's Breach of Contract By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The U.S. 10th Circuit Court of Appeals ruled that an employer was entitled to more than $541,000 in damages for its insurance carrier’s breach of contract. Case: MVT Services LLC v. Great… Full Article
c WCA Announces Judicial Appointment of Doug Christopherson By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The New Mexico Workers' Compensation Administration announced that Doug Christopherson was appointed as the agency's newest judge. Doug Christopherson Christopherson will fill the vacancy created by the retirement of Leonard Padilla in… Full Article
c Bill Would Increase Cap on Contingency Fee By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 New Jersey lawmakers are considering raising fees for attorneys who represent injured workers. The Senate last week voted 27-9 to pass bill S2822/A3986, which would increase the cap on attorney fees… Full Article
c Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case:… Full Article
c DOL Announces $13,500 Settlement With Contractor for Preventable Death By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The U.S. Department of Labor announced a $13,500 settlement with a New Jersey contractor it says could have prevented a fatal fall. The department said a 39-year-old worker fell five stories… Full Article
c Contractor Faces $819,417 in Penalties for Fall Hazards By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The federal Occupational Safety and Health Administration proposed $819,417 in penalties for a New Jersey contractor that it says has a history of exposing workers to potentially deadly fall hazards. OSHA… Full Article