worker Former Postal Worker Pleads Guilty to Comp Fraud By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 A former U.S. Postal Service employee pleaded guilty to four counts of making false statements to receive federal workers’ compensation benefits, the U.S. Justice Department announced. Christopher Gleason, 36, of Auburn,… Full Article
worker Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 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… Full Article
worker Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 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… Full Article
worker No Summary Judgment for Defendant; Court Lets Worker Amend Complaint By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 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… Full Article
worker Court: Worker Should Have Been Allowed to File Late Claim By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 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:… Full Article
worker Worker Not Entitled to Summary Judgment on Labor Law Claims By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 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… Full Article
worker Worker Not Entitled to Relief From Adverse Summary Judgment By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 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… Full Article
worker Employer of Allegedly Injured Worker Gets Dismissal of Third-Party Claim By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 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:… Full Article
worker 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
worker 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
worker Worker Struck by Motorized Bicycles After Happy Hour Event Gets Benefits By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 A New York appellate court upheld a finding that a worker was entitled to benefits for his injuries from being struck by two motorized bicycles after he left a happy… Full Article
worker 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
worker 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
worker No Summary Judgment for Worker Struck by Falling Materials By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 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. Full Article
worker Court Upholds 45% SLU for Worker's Knee Injury By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 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… Full Article
worker Worker Fails to Link Amputation of Leg to Prior Work Accident By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article
worker Court Upholds Award for Worker's Collapsed Lung By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was entitled to benefits for a collapsed lung from an on-the-job exposure. Case: Matter of Bonitto v. Vivid Mechanical LLC, No. CV-23-0192,… Full Article
worker 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
worker 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
worker Worker Gets Benefits for Ladder Fall Injuries Despite Intoxication By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
worker 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
worker Worker Fails to Prove Exacerbation of PTSD From Job Stress By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 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… Full Article
worker 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
worker 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
worker Worker on Snow-Removal Duty Gets Benefits for Injuries From Fall By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 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. Full Article
worker 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
worker 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
worker 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
worker Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 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:… Full Article
worker Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 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,… Full Article
worker Report: Former Postal Worker Sentenced to Probation for Fraud By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 A former U.S. Postal Service worker in Delaware was sentenced to three years of probation and ordered to pay nearly $94,000 in restitution for defrauding the federal workers’ compensation program,… Full Article
worker Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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,… Full Article
worker Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 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… Full Article
worker Court Upholds Award for Assembly Line Worker With Neck, Finger Injuries By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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,… Full Article
worker Dispute Over Worker's MMI Status Doesn't Allow Employer to Dodge Penalty By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Nebraska Supreme Court ruled that an employer was properly penalized for failing to make an indemnity payment to an injured worker because of a dispute over when and if… Full Article
worker 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
worker 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
worker 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
worker Court Rejects Worker's Bid for Increase in PPD Award By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 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… Full Article
worker Carrier Doesn't Have to Treat Worker as Having 'Combined Condition' By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Oregon Court of Appeals ruled that an insurance carrier did not have to treat a worker as having a combined condition when none of her impairment was related to her compensable… Full Article
worker Court Overturns Jury's $10 Million Verdict to Worker's Widow By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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… Full Article
worker 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
worker Court Upholds Denial of Benefits for Worker Injured in 'Arduous Trek' to Office By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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. Full Article
worker Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 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… Full Article
worker High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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,… Full Article
worker Worker Gets PTD for Loss of Vision, Additional PPD for Nonschedule Injuries By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 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… Full Article
worker Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 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… Full Article
worker 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
worker Worker Left Quadriplegic Fails to Timely Notify Carrier By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120… Full Article
worker 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