on 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
on Carrier's Failure to Issue Disclaimer of Liability to Additional Insureds Can't Avoid Coverage By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier’s failure to issue notice of its disclaimer of liability to two additional insureds prevented it from relying on an exclusion to defeat demands… Full Article
on 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
on WCB to Require Electronic Submission of CMS-1500 Form By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The New York State Workers’ Compensation Board said part of its ongoing modernization initiatives will require health care providers to contract with an electronic submission partner to submit the CMS-1500… Full Article
on 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
on 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
on 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
on 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
on 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
on 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
on Court: Board Employee's Termination Justified By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A New York appellate court upheld an arbitrator’s determination that a Workers' Compensation Board employee was properly terminated for misconduct. Case: Matter of Henry v. New York State Workers' Compensation Board, No. Full Article
on 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
on 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
on 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
on 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
on 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
on 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
on 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
on 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
on Worker Fails to Prove Exacerbation of PTSD From Job Stress By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 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… Full Article
on 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
on 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
on 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
on WCS Posts Guidance on New Claims Administrator Law By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article
on WCA Accepting Applications for Judge By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 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… Full Article
on Governor Reappoints Sonya Carrasco-Trujillo as Work Comp Judge By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 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… Full Article
on 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
on Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 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… Full Article
on 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
on Federal Court Upholds Damage Award for Carrier's Breach of Contract By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 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… Full Article
on 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
on 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
on 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
on 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
on 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
on 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
on Carrier Has No Duty to Defend Employer From Intentional Tort Claims By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
on Court Says Violation of Safety Rules Alone Doesn't Constitute Intentional Harm By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 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… Full Article
on Worker Fails to Allege Viable Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 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:… Full Article
on Employers Denied Reimbursement From Second Injury Fund Must Get Hearing By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Supreme Court of New Hampshire ruled that an employer or insurance carrier that has been denied reimbursement from the Special Fund for Second Injuries is entitled to a hearing before… Full Article
on Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 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,… Full Article
on Governor Signs Bill Allowing Commissioner to Adopt Criteria for Safety Program Discount By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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… Full Article
on Report: Former Postal Worker Sentenced to Probation for Fraud By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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,… Full Article
on Court Upholds Denial of Coverage for Amazon Employee's Back Surgery By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 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… Full Article
on Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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,… Full Article
on Labor Department Posts Practice Guidelines Online By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 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… Full Article
on Commissioner Announces 8.4% Loss Cost Decrease By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 Delaware Insurance Commissioner Trinidad Navarro on Wednesday announced that voluntary market loss costs will decrease by an average of 8.4% on Dec. 1. At the same time, the commissioner announced an… Full Article
on Court Upholds Finding on Compensability for Knee Injury, Overturns PTD Award By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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:… Full Article
on Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 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… Full Article
on Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 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… Full Article