en Staffing Service Provider's Employee Can't Get Tort Remedy From Employer's Client By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 A New York appellate court ruled that an employee of a staffing service provider could not pursue a civil remedy against her employer’s client for injuries she sustained. Case: Miolan v. Full Article
en Court Overturns Summary Judgment for Labor Law Defendants on Indemnification Claims By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 A New York appellate court ruled that some defendants in a Labor Law action were not entitled to summary judgment on their indemnification claims against an injured plaintiff’s employer. Case: Lamarr v. Full Article
en Defendants Entitled to Trial, but Not on Damages By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 A New York appellate court ruled that the defendants in a Labor Law action were entitled to a trial, but they could not have a jury’s determination on damages set… Full Article
en Worker Should Have Been Granted Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for falling from a scaffold. Case: Amaro v. New York City… Full Article
en Worker Gets Partial Summary Judgment on Labor Law Claim for Bridge Accident By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 A New York appellate court ruled that an injured worker should have been granted partial summary judgment on his Labor Law claims for a bridge construction accident. Case: Chiarella v. New… Full Article
en WCB Opens Registration for 2024 Conference By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The New York State Workers’ Compensation Board opened registration for its 2024 conference, set for Oct. 18 in Albany. Clarissa Rodriguez The full-day program will feature a state-of-the-system report from WCB Chair… Full Article
en Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 A New York appellate court ruled that a worker was properly denied leave to file a late notice of claim. Case: Matter of Polak v. MTA Long Island Railroad, Nos. 2022-00039… Full Article
en Injury Fund Entitled to Reimbursement From Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A New York appellate court ruled that an injury compensation fund was entitled to reimbursement from an insurance carrier of a motorist who caused an accident. Case: In the Matter of State Farm Mutual Automobile Insurance… Full Article
en Court: Property Owner Should Have Been Granted Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 A New York appellate court ruled that a property owner should have been granted summary judgment dismissing an injured worker’s claims against it. Case: Miranda v. 1320 Entertainment Inc., No. 2022-09472,… Full Article
en Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 A New York appellate court upheld a grant of summary judgment for a worker who fell from a scaffold. Case: Ramirez v. Pace University, No. 2022-04811, 08/28/2024, published. Facts: Jonathan Ramirez allegedly fell from… Full Article
en Defendants Get Summary Dismissal of Suit Over Ladder Accident By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 A New York appellate court upheld a grant of summary judgment for the defendants in a Labor Law case. Case: Acevedo-Espinosa v. RH 250 Sherman Avenue LLC, No. 2023-01248, 09/11/2024, published. Facts:… Full Article
en 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
en 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
en 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
en Worker Not Entitled to Relief From Adverse Summary Judgment By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 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… Full Article
en 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
en 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
en 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
en Labor Law Defendants Get Summary Judgment By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
en 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
en 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
en 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
en 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
en 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
en 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
en 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
en 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
en 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
en No Summary Judgment for Labor Law Defendants By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 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… Full Article
en 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
en 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
en 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
en 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
en 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
en 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
en 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
en DIR Proposes Rules to Implement SB 274 By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Nevada Division of Industrial Relations proposed rules to implement the various provisions of a multifaceted 2023 bill that made a host of changes to the state’s workers’ compensation law. The… Full Article
en 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
en 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
en 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
en 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
en 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
en 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
en Worker on Snow-Removal Duty Gets Benefits for Injuries From Fall By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 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. Full Article
en 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
en 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
en 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
en 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
en Court Upholds Summary Dismissal of Civil Claim From Ladder Accident By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 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… Full Article
en Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 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… Full Article