ai

A question for Nate Cohn at the New York Times regarding a claim about adjusting polls using recalled past vote

A colleague writes: Have you seen this article by Nate Cohn at the New York Times? A few things in it seemed weird. For one, he writes: The tendency for recall vote to overstate the winner of the last election … Continue reading




ai

Violent science teacher makes ridiculously unsupported research claims, gets treated by legislatures/courts/media as expert on the effects of homeschooling

Paul Alper shares this horrifying news story by Laura Meckler: Brian Ray has spent the last three decades as one of the nation’s top evangelists for home schooling. As a researcher, he has published studies purporting to show that these … Continue reading




ai

Fake data on the honeybee waggle dance, followed by the inevitable “It is important to note that the conclusions of our studies remain firm and sound.”

I hadn’t thought about bee dancing for a long time, when someone pointed me to this post by Laura Luebbert and Lior Pachter on a bit of data fraud in biology. Luebbert writes: Four years ago, during the first year … Continue reading




ai

Bad science as genre fiction: I think there’s a lot to be said for this analogy!

I came across this blog comment from a couple years ago saying that, whatever was going on in the head of Brian “Pizzagate” Wansink when he wrote up those papers with the fake data, in any case his papers papers … Continue reading




ai

A Mouthful of Praise

It doesn’t happen all the time, but when it does, it’s ecstatic. The other night, after the lights went out, I tried to get to sleep but couldn’t. My prayer...




ai

Court Upholds Denial of EMT's Hearing Loss Claim

A New York appellate court upheld the denial of an emergency medical technician’s hearing loss claim. Case: Matter of DeWolf v. Wayne County, No. CV-23-2014, 06/27/2024, published. Facts: Andrew DeWolf worked for…




ai

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…




ai

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…




ai

Worker Should Have Been Denied Leave to Add Defendant to Labor Law Claim

A New York appellate court ruled that a worker should have been denied permission to amend his complaint to add a new defendant to his Labor Law action. Case: Rowe v.




ai

WCB to Index More Claims Starting in September

The New York State Workers’ Compensation Board announced that it will expand in September the number of claims that it indexes. The WCB said the majority of claims assembled on or…




ai

Employer Liable for Comp Gets Dismissal of Worker's Civil Claim

A New York appellate court ruled that an employer was entitled to the dismissal of an injured worker’s civil claims against it after it was held liable for workers’ compensation…




ai

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.




ai

Carrier's Failure to Issue Disclaimer of Liability to Additional Insureds Can't Avoid Coverage

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…




ai

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…




ai

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…




ai

Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries

A New York appellate court ruled that a worker was properly denied leave to file a late notice of claim. Case: Matter of Polak v. MTA Long Island Railroad, Nos. 2022-00039…




ai

Property Owners, Architect Not Liable for Labor Law Claims

A New York appellate court ruled that the owners of a private residence and their architect were entitled to summary judgment dismissing the Labor Law and negligence claims against them…




ai

Carrier Has Duty to Cover Property Owner for Labor Law Claim

A New York appellate court ruled that an insurance company had a duty to provide coverage to a property owner defending against a Labor Law claim. Case: Arch Specialty Insurance Co.




ai

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,…




ai

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…




ai

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…




ai

Court: Worker Should Have Been Allowed to File Late Claim

A New York appellate court ruled that a worker should have been granted leave to belatedly file a claim for injuries allegedly received while working on a school construction project. Case:…




ai

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…




ai

Labor Law Defendants Get Summary Dismissal of Claim

A New York appellate court upheld summary judgment for the defendants in a Labor Law case involving a worker’s fall from the roof of a home undergoing renovations. Case: Argueta v…




ai

Employer of Allegedly Injured Worker Gets Dismissal of Third-Party Claim

A New York appellate court ruled that a third-party suit against an allegedly injured worker’s employer should have been summarily dismissed. Case: Hernandez v. Opera Owners Inc., No. 32526/19, 09/24/2024, published. Facts:…




ai

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.




ai

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…




ai

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,…




ai

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…




ai

Worker's Labor Law Claim Dismissed; Defendant's Indemnification Claim Revived

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,…




ai

Worker Fails to Link Amputation of Leg to Prior Work Accident

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…




ai

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…




ai

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…




ai

Carrier Liable for Worker's Claim After Coverage Ended

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…




ai

Worker Fails to Prove Exacerbation of PTSD From Job Stress

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…




ai

WCS Opens Registration for Training Session

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…




ai

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…




ai

WCS Posts Guidance on New Claims Administrator Law

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…




ai

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…




ai

Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim

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…




ai

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:…




ai

Worker Can't Maintain Tort Claim Over Attack by Colleague

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.




ai

Court Upholds Summary Dismissal of Civil Claim From Ladder Accident

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…




ai

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…




ai

Carrier Has No Duty to Defend Employer From Intentional Tort Claims

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…




ai

Worker Fails to Allege Viable Claims for Discrimination, Retaliation

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:…




ai

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:…




ai

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,…




ai

Injury Claims Increase Slightly for Third Year

The total number of reported injuries increased for a third consecutive year in 2023, according to the latest annual statistical report published by the Nebraska Workers’ Compensation Court. The WCC said…




ai

Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim

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…