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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 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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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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Worker Fails to Prove Exacerbation of PTSD From Job Stress

A New York appellate court upheld the denial of a worker’s claim for the exacerbation of her preexisting psychological condition by alleged workplace stress. Case: Matter of Gorbea v. Verizon New…




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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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WCS Posts Guidance on New Claims Administrator Law

The Nevada Workers' Compensation Section posted a sheet of answers to frequently asked questions about new requirements for claims administrators. Lawmakers last year passed Senate Bill 274, which enacted a host…




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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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Governor Reappoints Sonya Carrasco-Trujillo as Work Comp Judge

New Mexico Gov. Michelle Lujan Grisham reappointed Sonya Carrasco-Trujillo to a five-year term as a judge for the Workers’ Compensation Administration. Carrasco-Trujillo was initially appointed to a one-year term in June…




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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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Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim

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…




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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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Worker Can't Maintain Tort Claim Over Attack by Colleague

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.




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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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Carrier Has No Duty to Defend Employer From Intentional Tort Claims

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…




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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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Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment

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,…




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Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp

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…




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Labor Department Posts Practice Guidelines Online

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…




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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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Dispute Over Worker's MMI Status Doesn't Allow Employer to Dodge Penalty

The Nebraska Supreme Court ruled that an employer was properly penalized for failing to make an indemnity payment to an injured worker because of a dispute over when and if…




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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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Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim

The Nebraska Court of Appeals upheld the denial of a worker’s claim because she failed to demonstrate a causal connection between her alleged injuries and her workplace accident. Case: Chavez v. Tyson…




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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 Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim

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…




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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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The Most Important Unsolved Problem in Computer Science

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




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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