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Police Officer's Retirement Not Related to Prior On-Duty Injuries

A New York appellate court upheld a finding that a police officer’s retirement was voluntary and not caused by his prior duty-related injuries. Case: Matter of Carroll v. Nassau County Police Department, No.




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Worker Gets Summary Judgment on Labor Law Claim; Court Splits on Judgment for Subcontractor

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claims but split on whether a subcontractor on the project…




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Worker Gets Summary Judgment for Ladder Fall Claim

A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his fall from an unsecured ladder. Case: Rivera v. 712…




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Report: Union Says CrowdStrike Outage Halted Payments to 9/11 Responders

The New York Daily News reports that union officials are claiming that 9/11 first responders have not received workers’ compensation benefits since the CrowdStrike outage last week. Direct deposit payments ranging…




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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.




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Worker Should Have Been Granted Summary Judgment on Labor Law Claim

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…




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Worker Gets Partial Summary Judgment on Labor Law Claim for Bridge Accident

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…




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Injury Fund Entitled to Reimbursement From Auto Insurance Carrier

A New York appellate court ruled that an injury compensation fund was entitled to reimbursement from an insurance carrier of a motorist who caused an accident. Case: In the Matter of State Farm Mutual Automobile Insurance…




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Court: Property Owner Should Have Been Granted Summary Judgment on Labor Law Claim

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,…




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Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

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…




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No Summary Judgment for Defendant; Court Lets Worker Amend Complaint

A New York appellate court upheld a denial of summary judgment to a Labor Law defendant and ruled that the worker was entitled to amend his complaint to add more…




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Worker Not Entitled to Summary Judgment on Labor Law Claims

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…




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Worker Not Entitled to Relief From Adverse Summary Judgment

A New York appellate court ruled that an injured worker could not obtain relief from an adverse grant of summary judgment. Case: Benegas v. Ardsley Country Club Inc., Nos. 2020-04106 and…




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Worker Gets Summary Judgment on Labor Law Claim for Slip and Fall

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.




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Labor Law Defendants Get Summary Judgment

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…




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Defendant Gets Summary Judgment Dismissing Claims, Granting Cross-Claim

A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing an injured worker’s claims against it and for its breach of contract cross-claim against…




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Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident

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,…




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Worker Struck by Falling Object Gets Summary Judgment on Labor Law Claim

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…




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Triable Issues Preclude Summary Judgment

A New York appellate court ruled that an injured worker was not entitled to summary judgment on his Labor Law claims because there were triable issues as to whether his…




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No Summary Judgment for Worker Struck by Falling Materials

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.




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Surveillance Footage Doesn't Prove Employee Made False Statements

A New York appellate court ruled that an employer’s video surveillance footage of an injured worker did not establish that he ever made a false statement about his condition. Case: Linane v.




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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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DIR Proposes Rules to Implement SB 274

The Nevada Division of Industrial Relations proposed rules to implement the various provisions of a multifaceted 2023 bill that made a host of changes to the state’s workers’ compensation law. The…




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Selection Committee Seeks Comments on IME Applicants

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…




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Fee Schedule Public Comment Period Opens

The New Mexico Workers' Compensation Administration is accepting public comments on the 2025 fee schedule and billing instructions. Written public comments will be accepted until the close of business on Nov. 1 and should be…




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WCA Announces Judicial Appointment of Doug Christopherson

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…




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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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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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Employers Denied Reimbursement From Second Injury Fund Must Get Hearing

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…




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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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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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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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Podcasts of the Year: Cleo, the Mysterious Math Menace

In 2013 a new user named Cleo took an online math forum by storm with unproved answers. Today she’s an urban legend. But who was she? A 2023 editor's pick. 




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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…




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WCD Bulletin Explains Self-Insurer Premium Assessment

The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the upcoming fiscal year. Self-insureds can choose premium assessments using either a…




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Comp Division Pitches Changes to Assessment Rules

Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,…




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Rulemaking Advisory Committee Reviewing Treatment Regs

The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss…




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Most Lodging and Meal Reimbursement Rates Increase Oct. 1

The Oregon Workers’ Compensation Division on Thursday announced that most lodging and meal reimbursement rates for injured workers who travel to medical appointments will increase Oct. 1. The standard lodging rate…




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No Change in Premium Assessment Rate for 2025

The Oregon Workers' Compensation Division announced that premium assessment rates will remain unchanged in 2025. The division said the premium assessment rate for 2025 will be 9.8%, the same as it…




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Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement

The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of…




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WCRI: Medical Payments Per Claim Higher Than Most States

The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of…




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

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…




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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:…




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Audit Finds 'Major Improvement' in City's Comp Program Under TPA

Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the…




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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…