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Court Upholds Award for Worker's Collapsed Lung

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,…




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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 Gets Benefits for Ladder Fall Injuries Despite Intoxication

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…




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Report: WCB Says Patriots Owe $24,000 for Not Having Comp

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…




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Carrier Liable for Worker's Claim After Coverage Ended

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…




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WCS Opens Registration for Training Session

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…




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Annual Comp Conference Set for Sept. 12-13

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…




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Worker's Claim for Attorney Fees Moot

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…




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Court Overturns Denial of Hotel Housekeeper's Claim for Knee Injury

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…




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WCA Accepting Applications for Judge

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…




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WCA Extends Deadline for Judicial Applications

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…




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Federal Court Upholds Damage Award for Carrier's Breach of Contract

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…




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Worker on Snow-Removal Duty Gets Benefits for Injuries From Fall

The New Jersey Superior Court’s Appellate Division ruled that a worker was entitled to benefits for his injuries from falling while taking a dip in a hotel pool. Case: Terhune v.




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Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims

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:…




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DOL Announces $13,500 Settlement With Contractor for Preventable Death

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…




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Contractor Faces $819,417 in Penalties for Fall Hazards

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…




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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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Widow Gets Award for Delivery Driver's Death from Being Crushed by Own Cargo

The New Jersey Superior Court’s Appellate Division upheld an award of benefits to the widow of a worker who was crushed to death by the cargo he was delivering. Case: Urena…




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Worker Fails to Allege Viable Claims for Discrimination, Retaliation

A federal appellate court ruled that an injured worker failed to allege a viable claim of disability discrimination or workers’ compensation retaliation. Case: Wraith v. Wayfair Inc., No. 23-2400, 09/11/2024, unpublished. Facts:…




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Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement

The Delaware Superior Court ruled that the attorney for an injured worker was not entitled to demand a fee from a settlement that did not provide a payment to him. Case:…




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Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection

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,…




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Governor Signs Bill Allowing Commissioner to Adopt Criteria for Safety Program Discount

Delaware Gov. John Carney signed a bill allowing the insurance commissioner to adopt criteria for employers to qualify for a workplace safety program that aims to provide lower workers’ compensation…




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Report: Former Postal Worker Sentenced to Probation for Fraud

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,…




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Court Upholds Denial of Coverage for Amazon Employee's Back Surgery

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…




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New Law Expands Eligibility for Safety Program, Premium Discounts

More Delaware employers will be able to participate in the state’s Workplace Safety Program and earn premium discounts, under a new law. Senate Bill 306, enacted by Gov. John Carney in…




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Court Upholds Finding on Compensability for Knee Injury, Overturns PTD Award

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:…




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Injury Claims Increase Slightly for Third Year

The total number of reported injuries increased for a third consecutive year in 2023, according to the latest annual statistical report published by the Nebraska Workers’ Compensation Court. The WCC said…




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Court Upholds Award for Assembly Line Worker With Neck, Finger Injuries

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,…




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WCC Activates Web-Based Data Entry App for DRG Reports

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…




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Supreme Court Upholds Award for Housekeeper's Respiratory Injury

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.




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Grain Operator Fined $536,965 for Combustible Dust Hazards

Federal workplace safety inspectors fined a grain operator in Nebraska $536,965 for exposing workers to fire and explosion risks by allowing combustible dust to accumulate. U.S. Occupational Safety and Health Administration…




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Court Revives Health Care Worker's Claim for Tuberculosis

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…




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Court Rejects Worker's Bid for Increase in PPD Award

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…




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How Cryptographic 'Secret Sharing' Can Keep Information Safe

One safe, five sons and betrayal: this principle shows how shared knowledge can protect secrets—without having to trust anyone




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Inside Mathematicians' Search for the Mysterious 'Einstein Tile'

The quest for the einstein tile—a shape never seen before in mathematics—turned up even more discoveries than mathematicians counted on




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WCD Adds 'Physician Associate' to Change of Provider Form

The Oregon Workers’ Compensation Division on Friday announced that it updated the form used to request a change of provider to replace the term “physician assistant” with “physician associate.” The WCD…




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Roofing Material Supplier Fined $92,226 for Fall Hazards

The Oregon Occupational Safety and Health Division fined a building materials supplier $92,226 for repeatedly failing to protect workers from potential fall hazards that it said could seriously injure or…




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No Change in Premium Assessment Rate for 2025

The Oregon Workers' Compensation Division announced that premium assessment rates will remain unchanged in 2025. The division said the premium assessment rate for 2025 will be 9.8%, the same as it…




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Court Upholds Denial of Benefits for Worker Injured in 'Arduous Trek' to Office

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.




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.




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High Court Suspends Attorney for Nine Months

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…




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Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits

A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years…




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High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim

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…




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Worker Gets PTD for Loss of Vision, Additional PPD for Nonschedule Injuries

The Illinois Appellate Court ruled that a worker was entitled to permanent total disability benefits for the loss of use of the eyes, plus additional permanent partial disability benefits for…




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

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…




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Chamber, Self-Insurers' Association Open Registration for Work Comp Conference

The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law…




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Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations

A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,…




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Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot

A Pennsylvania appellate court on Monday ordered a workers’ compensation judge to determine whether an employer should be penalized for failing to reimburse an injured worker for medical cannabis. The Commonwealth…




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Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack

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,…




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Court Upholds Denial of Worker's Claim for Lead-Exposure Injury

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,…