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…

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,…

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…

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…

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 Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished.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…

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…

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…

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:…

The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s tort claims arising from an attack by his colleague.   Case: Scott v. City of Newark, No.

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…

The New Jersey Superior Court’s Appellate Division ruled that a carrier had no duty to defend an employer against an injured worker’s intentional tort claims. Case: De Tapia v. 74 Industries…

The Appellate Division of New Jersey’s Superior Court affirmed a trial court’s decision granting summary judgment that dismisses an intentional harm case, saying the injured worker failed to clear the high…

The New Hampshire Supreme Court ruled that a group of injured police officers were obligated to repay the sick leave benefits they received while awaiting a determination of their eligibility…

The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,…

A former U.S. Postal Service worker in Delaware was sentenced to three years of probation and ordered to pay nearly $94,000 in restitution for defrauding the federal workers’ compensation program,…

The Delaware Superior Court upheld the denial of coverage for an Amazon employee’s back surgery, finding that his workplace injury did not necessitate the operation. Case: Hoskins v. Amazon.com, No. N23A-06-004…

The Delaware Superior Court overturned a determination that an injured worker failed to exhaust reasonable conservative measures to treat his knee injury before opting for surgery. Case: Baxter v. Verizon Communications,…

The Delaware Superior Court said the Industrial Accident Board did not err when it held that a truck driver was a farmworker and therefore not entitled to workers’ compensation benefits…

The Delaware Department of Labor adopted rules allowing it to post the Workers’ Compensation Oversight Panel’s health care practice guidelines on its website. In May, the department proposed repealing regulations that…

The Nebraska Court of Appeals upheld a finding of compensability for a worker’s knee injury, but overturned the award of permanent total disability benefits as unsupported by adequate factual findings. Case:…

The Nebraska Court of Appeals upheld an award of benefits to an assembly line worker for her neck and finger injuries. Case: Mendoza v. Honeywell American Meter Co., No. 23-807, 05/28/2024,…

The Nebraska Workers’ Compensation Court activated its web-based data entry application for diagnostic related group reports. The Nebraska Workers’ Compensation Act requires covered hospitals, workers’ compensation insurers, self-insured employers and risk…

The Nebraska Supreme Court upheld an award of benefits to a housekeeper for a respiratory injury brought on by wearing a used face mask during the COVID-19 pandemic. Case: Prinz v.

Hawaii’s Intermediate Court of Appeals overturned the denial of a worker’s claim for permanent partial disability benefits, finding that the Labor and Industrial Relations Appeals Board imposed the wrong standard…

The Hawaii Court of Appeals revived an injured health care worker’s untimely claim for her tuberculosis infection. Case: Weis v. Pali Momi Medical Center, No. CAAP-19-0000575, 06/04/2024, unpublished. Facts: Teresa L. Weis…

Hawaii’s Intermediate Court of Appeals upheld an award of permanent partial disability benefits for a worker’s knee injuries. Case: Noborikawa v. Host International Inc., No. CAAP-20-0000172, 09/20/2024, unpublished. Facts: Carrie N. Noborikawa…

Here’s a look at the $1-million math problem at the heart of computation

The Oregon Workers’ Compensation Division reported that covered employment and the number of accepted disabling claims increased in 2022, resulting in the claims rate per 100 workers remaining the same as…

The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by…

The Oregon Court of Appeals overturned a jury’s $10 million verdict in favor of a worker’s widow for his asbestos exposures. Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished. Facts…

The Oregon Department of Consumer and Business Services said it received notice of seven fatalities accepted for workers’ compensation benefits in the first three months of 2024, one less than…

The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at…

The Oregon Department of Consumer and Business Services reported that it received notice of 42 fatalities accepted for workers’ compensation benefits in 2023. The 42 compensable workplace fatalities represent a 40%…

The Indiana Court of Appeals upheld a denial of benefits for a university employee with significant preexisting health problems for her alleged injuries from walking to her workplace. Case: Ostrowski v.

A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was…

The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of…

The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk…

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…

The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,…

The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her…

The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager.

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…

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:…

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…

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.

The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No.  406 C.D. 2023,…

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…

The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,…

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,…