w 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
w 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
w 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
w 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
w 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
w 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
w 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
w Court Upholds 45% SLU for Worker's Knee Injury By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A New York appellate court upheld a 45% schedule loss of use award for a worker’s knee injury. Case: Matter of Wright v. Elmer W. Davis Inc., No. CV-23-0342, 10/03/2024, published. Facts… Full Article
w 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
w Court Upholds Award for Worker's Collapsed Lung By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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,… Full Article
w 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
w 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
w 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
w 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
w Report: WCB Says Patriots Owe $24,000 for Not Having Comp By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 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… Full Article
w 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
w 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
w 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
w 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
w WCS Graduated Fine Schedule Takes Effect By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Nevada Workers’ Compensation Section announced that its Audit Unit will implement and enforce a new graduated fine schedule for subsequent violations. Nevada law authorizes penalties of up to $375 for… Full Article
w Worker's Claim for Attorney Fees Moot By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
w 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
w 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
w 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
w 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
w 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
w WCA Interviews Prospective Judges Sept. 10 By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration will interview applicants for a vacant judicial position Sept. 10 at its main office in Albuquerque. Judge Leonard Padilla The WCA in May started accepting… Full Article
w WCA Seeks Public Review of Rule Changes By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 New Mexico's Workers' Compensation Administration says rule changes will take effect on Jan. 1, and the agency invites the public to take part in a webinar and to submit comments… Full Article
w WCA Proposes Package of Rule Changes By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration proposed a package of rule changes that would increase food and lodging reimbursements and double the payment owed to doctors for deposition testimony. The rules… Full Article
w 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
w 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
w 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
w 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
w 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
w Worker Can't Maintain Tort Claim Over Attack by Colleague By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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. Full Article
w 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
w Widow Gets Award for Delivery Driver's Death from Being Crushed by Own Cargo By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 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… Full Article
w 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
w Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 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:… Full Article
w 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
w 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
w 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
w 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
w Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 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… Full Article
w New Law Expands Eligibility for Safety Program, Premium Discounts By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 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… Full Article
w 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
w Court Upholds Award for Assembly Line Worker With Neck, Finger Injuries By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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,… Full Article
w Dispute Over Worker's MMI Status Doesn't Allow Employer to Dodge Penalty By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 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… Full Article
w WCC Activates Web-Based Data Entry App for DRG Reports By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 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… Full Article
w 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