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Staffing Service Provider's Employee Can't Get Tort Remedy From Employer's Client

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.




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Court Overturns Summary Judgment for Labor Law Defendants on Indemnification Claims

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.




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Defendants Entitled to Trial, but Not on Damages

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…




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Worker Should Have Been Granted Summary Judgment on Labor Law Claim

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…




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Worker Gets Partial Summary Judgment on Labor Law Claim for Bridge Accident

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…




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WCB Opens Registration for 2024 Conference

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…




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Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries

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…




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Injury Fund Entitled to Reimbursement From Auto Insurance Carrier

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…




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Court: Property Owner Should Have Been Granted Summary Judgment on Labor Law Claim

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,…




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

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…




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Defendants Get Summary Dismissal of Suit Over Ladder Accident

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:…




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No Summary Judgment for Defendant; Court Lets Worker Amend Complaint

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…




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Court: Worker Should Have Been Allowed to File Late Claim

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:…




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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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WCB Reopening Most Offices

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…




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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 Motorized Bicycles After Happy Hour Event Gets Benefits

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…




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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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Worker's Labor Law Claim Dismissed; Defendant's Indemnification Claim Revived

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,…




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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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Surveillance Footage Doesn't Prove Employee Made False Statements

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.




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Worker Fails to Link Amputation of Leg to Prior Work Accident

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…




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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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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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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 Announces 10.4% Benefit Increase

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,…




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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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DIR Proposes Rules to Implement SB 274

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…




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Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien

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…




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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 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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Selection Committee Seeks Comments on IME Applicants

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…




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Fee Schedule Public Comment Period Opens

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…




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WCA Announces Judicial Appointment of Doug Christopherson

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…




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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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Bill Would Increase Cap on Contingency Fee

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…




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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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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…