cla Worker Gets Summary Judgment on Labor Law Claim for Slip and Fall By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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. Full Article
cla Defendant Gets Summary Judgment Dismissing Claims, Granting Cross-Claim By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 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… Full Article
cla 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
cla 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
cla 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
cla 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
cla 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
cla 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
cla 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
cla Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on… Full Article
cla 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
cla Court Overturns Denial of Hotel Housekeeper's Claim for Knee Injury By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
cla 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
cla Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 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:… Full Article
cla 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
cla Court Upholds Summary Dismissal of Civil Claim From Ladder Accident By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 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… Full Article
cla 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
cla Carrier Has No Duty to Defend Employer From Intentional Tort Claims By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
cla 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
cla Injury Claims Increase Slightly for Third Year By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 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… Full Article
cla 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
cla Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 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… Full Article
cla Court Revives Health Care Worker's Claim for Tuberculosis By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 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… Full Article
cla HEMIC Declares $5M Dividend By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 Hawaii Employers’ Mutual Insurance Co. announced a $5 million dividend for qualifying policyholders. The carrier said the dividend will be the largest in its history and brings to $53 million the… Full Article
cla A Wild Claim about the Powers of Pi Creates a Transcendental Mystery By www.scientificamerican.com Published On :: Wed, 24 Jan 2024 15:00:00 GMT Mathematicians cannot determine whether multiplying pi by itself repeatedly might produce a whole number Full Article Math Mathematics
cla WCD Reports No Change in Rate of Accepted Claims in 2022 By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division reported that covered employment and the number of accepted disabling claims increased in 2022, resulting in the claims rate per 100 workers remaining the same as… Full Article
cla Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 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… Full Article
cla WCRI: Medical Payments Per Claim Higher Than Most States By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
cla Court Overturns Denial of University Employee's Claims By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 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… Full Article
cla High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
cla Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 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:… Full Article
cla Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 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:… Full Article
cla Court Upholds Summary Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 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. Full Article
cla Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,… Full Article
cla Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 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,… Full Article
cla Court Upholds Denial of Worker's Claim for Lead-Exposure Injury By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 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,… Full Article
cla Labor Committee Hears Testimony on Misclassification By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of… Full Article
cla Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:… Full Article
cla Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to… Full Article
cla Decision Allows Billing Agent to Pursue Civil Claims Against Carriers By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in… Full Article
cla Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 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… Full Article
cla Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
cla Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
cla Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
cla Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
cla Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
cla Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California… Full Article
cla Court Revives Worker's Claims for FEHA Violation, IIED By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly… Full Article
cla WCIRB Posts Report on COVID Claims By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed… Full Article
cla Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment… Full Article