rn

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.




rn

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…




rn

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 Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished.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…




rn

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…




rn

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:…




rn

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…




rn

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:…




rn

Casual Employment Threshold, TD Benefit and Attorney Fees to Increase

The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is…




rn

Court Overturns Jury's $10 Million Verdict to Worker's Widow

The Oregon Court of Appeals overturned a jury’s $10 million verdict in favor of a worker’s widow for his asbestos exposures. Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished. Facts…




rn

Court Overturns Denial of University Employee's Claims

The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk…




rn

High Court Suspends Attorney for Nine Months

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…




rn

High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee

The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,…




rn

High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim

The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her…




rn

Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim

The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager.




rn

Multifaceted Comp Bill Heads to Governor

The Illinois General Assembly sent the governor a recently amended bill including provisions that would increase surcharges by 8% and charge the state attorney general with collecting unpaid penalties for…




rn

Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…




rn

Governor Announces Arbitrator Reappointments

Gov. J.B. Pritzker on Monday announced several arbitrator reappointments to the Illinois Workers' Compensation Commission. The reappointed arbitrators are: Joseph Amarilio. Crystal Caison. Paul Cellini. Ana Vazquez Diaz. Gerald Granada. Jessica Hegarty. Adam Hinrichs. Jeffrey Huebsch. Nina Mariano. Maureen Pulia. Pritzker has also appointed…




rn

Governor Appoints Magda Derisma-Oyewole as Arbitrator

Illinois Gov. J.B. Pritzker on Monday appointed Magda Derisma-Oyewole as an arbitrator for the state Workers’ Compensation Commission. Magda Derisma-Oyewole Derisma-Oyewole has been a practicing attorney since 2015 and focused on…




rn

Comp Attorney James Keefe Sr. Dies at 68

Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said…




rn

Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City…




rn

Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an…




rn

Goldberg Segalla Adds Attorney in Philadelphia

Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and…




rn

Direct Deposit, PTSD Measures Head to Governor

Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits…




rn

Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…




rn

Bill to Mandate In-State Licensing for UR Docs Returns

A bill that would require some doctors performing utilization review to be licensed in the state was brought back to life after spending roughly a year on the California Assembly’s…




rn

Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators

The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended…




rn

WCAB Consolidates Cases in Attorney Fee Dispute

The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former…




rn

DWC Reopens San Bernardino District Office

The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The…




rn

WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting

The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual…




rn

Governor Signs Electronic Signature Bill

California Gov. Gavin Newsom signed a bill allowing electronic signatures in the state’s workers’ compensation system. Newsom on Sunday signed AB 2337, by Assemblymember Diane Dixon, R-Newport Beach. As introduced, the…




rn

Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




rn

Governor Vetoes 4850 Time for Rangers

California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of…




rn

Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption

California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill…




rn

Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…




rn

Governor Approves Legacy Court, Mental Health Bills

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…




rn

Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims

A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…




rn

Attorney Can't Seek Fees After Client Settles LHWCA Claim

A federal appellate court ruled that the former attorney for a claimant seeking benefits under the Longshore and Harbor Workers’ Compensation Act could not seek an award of fees after…




rn

DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns

Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk…




rn

DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver…




rn

Rail Company Owes $453,510 to Workers Fired Over Safety Concerns

A federal judge ordered CSX Transportation Inc. to pay $453,510 to two railroad workers who were fired after raising workplace safety concerns in 2017. The judge also ordered the company to…




rn

Goldberg Segalla Adds Attorneys in Philadelphia, Baltimore

Goldberg Segalla announced the addition of new attorneys to its workers' compensation defense offices in Philadelphia and Baltimore. Beteley T. Mulatu The firm added Angelina Nordeman to its work comp practice…




rn

Supreme Court Overturns Finding of No Liability for Second Injury Fund

The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v.




rn

Supreme Court Suspends Attorney Who Mishandled Comp Cases

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…




rn

Court Overturns Award for Second of Identical Injuries

The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela…




rn

Supreme Court Overturns PPD Award on Deficiencies in Apportionment Opinion

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…




rn

Court Overturns PPD Award, Finds No Valid Impairment Rating

West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid…




rn

Labor Department Hiring Attorney

The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff…




rn

Governor Approves Benefit Increase

Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on…




rn

Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits

A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident…




rn

OSHA Fines Furniture Maker Following Serious Injury

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…