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:…

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…

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…

The New Hampshire Supreme Court ruled that a group of injured police officers were obligated to repay the sick leave benefits they received while awaiting a determination of their eligibility…

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,…

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…

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,…

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…

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:…

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,…

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.

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…

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…

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…

The inspection paradox makes sense of social networks, long train wait times and why the call center is always busy 

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…

The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at…

The Indiana Court of Appeals upheld a denial of benefits for a university employee with significant preexisting health problems for her alleged injuries from walking to her workplace. Case: Ostrowski v.

A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was…

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…

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…

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,…

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…

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.

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…

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:…

A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:…

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…

A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008.

The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No.  406 C.D. 2023,…

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…

The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,…

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,…

The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,…

The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,…

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…

The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.

The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a…

The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D.

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:…

The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…

The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid…

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…

The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values…

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…

The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:…

The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,…

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at…

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…

The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane…