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…

A New York appellate court upheld an arbitrator’s determination that a Workers' Compensation Board employee was properly terminated for misconduct. Case: Matter of Henry v. New York State Workers' Compensation Board, No.

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:…

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.

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…

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…

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,…

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…

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…

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.

A New York appellate court upheld a 45% schedule loss of use award for a worker’s knee injury. Case: Matter of Wright v. Elmer W. Davis Inc., No. CV-23-0342, 10/03/2024, published. Facts…

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…

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…

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…

A New York appellate court upheld an award of benefits for a worker even though he was heavily intoxicated when he fell from a ladder. Case: Matter of Lujan-Espinzo v. Electrical Illuminations by…

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…

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…

The New Mexico Workers’ Compensation Administration is accepting applications from attorneys who want to serve as judges. Judge Leonard Padilla Judge Leonard Padilla is retiring on Aug. 30 after more than…

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…

The New Mexico Workers’ Compensation Administration extended the deadline to apply for a soon-to-be vacant judicial seat until Aug. 5. The WCA in May announced that it would accept applications through…

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…

The New Mexico Workers’ Compensation Administration will interview applicants for a vacant judicial position Sept. 10 at its main office in Albuquerque. Judge Leonard Padilla The WCA in May started accepting…

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…

The New Jersey Superior Court’s Appellate Division ruled that a worker was entitled to benefits for his injuries from falling while taking a dip in a hotel pool. Case: Terhune v.

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…

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 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…

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:…

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 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…

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 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…

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.

The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that…

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 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 Bluffs of St. Teresa: hike to an overlook on the Ochlockonee River in this linchpin of the Florida Wildlife Corridor.

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 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…

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 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…

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 ruled that a worker was entitled to permanent total disability benefits for the loss of use of the eyes, plus additional permanent partial disability benefits for…

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:…

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…

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…

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,…

A Pennsylvania appellate court on Monday ordered a workers’ compensation judge to determine whether an employer should be penalized for failing to reimburse an injured worker for medical cannabis. The Commonwealth…