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Worker Not Entitled to Summary Judgment on Labor Law Claims

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…




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Worker Not Entitled to Relief From Adverse Summary Judgment

A New York appellate court ruled that an injured worker could not obtain relief from an adverse grant of summary judgment. Case: Benegas v. Ardsley Country Club Inc., Nos. 2020-04106 and…




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Labor Law Defendants Get Summary Dismissal of Claim

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…




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Worker Gets Summary Judgment on Labor Law Claim for Slip and Fall

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.




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Labor Law Defendants Get Summary Judgment

A New York appellate court ruled that the defendants in a Labor Law action should have been granted summary judgment on an additional aspect of the plaintiff’s claim, but part…




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Defendant Gets Summary Judgment Dismissing Claims, Granting Cross-Claim

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…




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Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident

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,…




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Worker Struck by Falling Object Gets Summary Judgment on Labor Law Claim

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…




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Triable Issues Preclude Summary Judgment

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…




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No Summary Judgment for Worker Struck by Falling Materials

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.




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No Summary Judgment for Labor Law Defendants

A New York appellate court ruled that none of the defendants in a Labor Law action was entitled to summary judgment dismissing the claims against them or on their claims…




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Worker Hit by Falling Tree Gets Summary Judgment on Labor Law Claim

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…




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Worker, Defendant Get Summary Judgment on Claims

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…




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Court Upholds Summary Dismissal of Civil Claim From Ladder Accident

The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s civil claim for injuries he allegedly sustained on a construction project. Case: Gjana v. Daibes Enterprises…




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Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall

The New Jersey Superior Court’s Appellate Division overturned a grant of summary judgment dismissing a hospital worker’s suit for damages from a fall in a parking garage. Case: Barrett v. Hackensack…




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Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer

A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:…




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Court Upholds Summary Dismissal of Retaliation Claim

A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008.




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CWCI Posts Summary of 2024 Legislation

The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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Berkshire Names Marj Hutchings CIO

The Workers’ Compensation Division of Berkshire Hathaway Homestate Cos. appointed Marj Hutchings as its chief information officer. Marj Hutchings Hutchings brings 35 years of technology experience, 27 of which are in…




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WCC Commissioner Marshall Elected Chairman

The Virginia Workers’ Compensation Commission announced that Wesley G. Marshall was elected to a three-year term as chairman, effective Monday. Wesley G. Marshall Marshall succeeds Commissioner Robert A. Rapaport, whose term…




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Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…




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Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…




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Property Owner Not Entitled to Summary Dismissal of Suit

The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to…




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Almaraz/Guzman: Past, Present & Future (2 of 3)

This one-hour session will provide an overview and analysis of recent case law focused on Almaraz/Guzman ratings.




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Work Comp Matters - Free Weekly Podcast - Episode 13: Marketing and Advertising

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Free Weekly Podcast - Episode 18: Marijuana

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Litigation and Trial Procedures - Marina del Rey

WCAB Marina del Rey issues will be discussed in depth. …




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Work Comp Matters - Free Weekly Podcast - Episode 62: Mark Reed

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting…




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Work Comp Matters - Free Weekly Podcast - Episode 64: March for Our Lives

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Free Weekly Podcast - Episode 66: Mark Zuckerberg

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Free Weekly Podcast - Episode 84: 30th Congressional District with Mark Reed

Mark Reed is the pragmatic candidate for the 30th US Congressional District. In this edition of Work Comp matters Steve and the guys talk to Mark about the homeless, a…




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2018 Comp Laude®: Research to Action to Research: How Public Policy Research Can Inform Legislative and Market Behavior

Workers' compensation public policy research is thriving. Big data and next generation analytics have created new insights into all corners of the national workers' compensation system. The best research can…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Court Overturns Summary Judgment on Defendant's Indemnification Claim

A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18,…




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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




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Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




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Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim. Case: Ruiz v. BOP 245…




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Carrier Not Entitled to Summary Judgment on Claim for Offset

The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts…




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Court Upholds Award of PTD Benefits for Former Walmart Worker

The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a…




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Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer

An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder…




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Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:…