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Court Upholds 45% SLU for Worker's Knee Injury

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…




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Court Upholds Award for Worker's Collapsed Lung

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,…




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Report: WCB Says Patriots Owe $24,000 for Not Having Comp

The New York State Workers' Compensation Board is trying to collect a $24,000 fine from the New England Patriots for not having workers' compensation coverage, according to a report by…




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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…




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Annual Comp Conference Set for Sept. 12-13

The 12th Annual Nevada Workers' Compensation Educational Conference is scheduled for Sept. 12-13 at the Tuscany Suites & Casino in Las Vegas. This year's featured presenters include Victoria Carreón, administrator of the state Division…




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Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien

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…




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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 Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished.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…




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Governor Reappoints Sonya Carrasco-Trujillo as Work Comp Judge

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…




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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…




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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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Federal Court Upholds Damage Award for Carrier's Breach of Contract

The U.S. 10th Circuit Court of Appeals ruled that an employer was entitled to more than $541,000 in damages for its insurance carrier’s breach of contract. Case: MVT Services LLC v. Great…




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Bill Would Increase Cap on Contingency Fee

New Jersey lawmakers are considering raising fees for attorneys who represent injured workers. The Senate last week voted 27-9 to pass bill S2822/A3986, which would increase the cap on attorney fees…




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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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Contractor Faces $819,417 in Penalties for Fall Hazards

The federal Occupational Safety and Health Administration proposed $819,417 in penalties for a New Jersey contractor that it says has a history of exposing workers to potentially deadly fall hazards. OSHA…




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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.




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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…




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Court Says Violation of Safety Rules Alone Doesn't Constitute Intentional Harm

The Appellate Division of New Jersey’s Superior Court affirmed a trial court’s decision granting summary judgment that dismisses an intentional harm case, saying the injured worker failed to clear the high…




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Supreme Court Says Injured Police Officers Must Repay Sick Leave Benefits to City

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…




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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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Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection

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,…




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Governor Signs Bill Allowing Commissioner to Adopt Criteria for Safety Program Discount

Delaware Gov. John Carney signed a bill allowing the insurance commissioner to adopt criteria for employers to qualify for a workplace safety program that aims to provide lower workers’ compensation…




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Court Upholds Denial of Coverage for Amazon Employee's Back Surgery

The Delaware Superior Court upheld the denial of coverage for an Amazon employee’s back surgery, finding that his workplace injury did not necessitate the operation. Case: Hoskins v. Amazon.com, No. N23A-06-004…




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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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Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp

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…




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New Law Expands Eligibility for Safety Program, Premium Discounts

More Delaware employers will be able to participate in the state’s Workplace Safety Program and earn premium discounts, under a new law. Senate Bill 306, enacted by Gov. John Carney in…




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Commissioner Announces 8.4% Loss Cost Decrease

Delaware Insurance Commissioner Trinidad Navarro on Wednesday announced that voluntary market loss costs will decrease by an average of 8.4% on Dec. 1. At the same time, the commissioner announced an…




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Court Upholds Finding on Compensability for Knee Injury, Overturns PTD Award

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:…




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Court Upholds Award for Assembly Line Worker With Neck, Finger Injuries

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,…




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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…




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Supreme Court Upholds Award for Housekeeper's Respiratory Injury

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.




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Grain Operator Fined $536,965 for Combustible Dust Hazards

Federal workplace safety inspectors fined a grain operator in Nebraska $536,965 for exposing workers to fire and explosion risks by allowing combustible dust to accumulate. U.S. Occupational Safety and Health Administration…




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Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim

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…




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Court Revives Health Care Worker's Claim for Tuberculosis

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…




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Court Rejects Worker's Bid for Increase in PPD Award

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…




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The Most Important Unsolved Problem in Computer Science

Here’s a look at the $1-million math problem at the heart of computation




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Tomorrow's Quantum Computers Threaten Today's Secrets. Here's How to Protect Them

Researchers are racing to create codes so complex that even quantum computers can’t break them




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Scientists Destroy Illusion That Coin Toss Flips Are 50–50

Researchers go to great lengths to prove a tiny bias in coin flipping




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Carrier Doesn't Have to Treat Worker as Having 'Combined Condition'

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…




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Court Overturns Jury's $10 Million Verdict to Worker's Widow

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…




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DCBS Reports 7 Compensable Fatalities in First Quarter

The Oregon Department of Consumer and Business Services said it received notice of seven fatalities accepted for workers’ compensation benefits in the first three months of 2024, one less than…




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Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker

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…




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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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DCBS Reports 42 Compensable Fatalities in 2023

The Oregon Department of Consumer and Business Services reported that it received notice of 42 fatalities accepted for workers’ compensation benefits in 2023. The 42 compensable workplace fatalities represent a 40%…




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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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Court Upholds Denial of Benefits for Worker Injured in 'Arduous Trek' to Office

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.




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Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor

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…




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Court Overturns Denial of University Employee's Claims

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…