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 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.

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…

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 Case: Weis v. Pali Momi Medical Center, No. CAAP-19-0000575, 06/04/2024, unpublished.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…

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 Case: Noborikawa v. Host International Inc., No. CAAP-20-0000172, 09/20/2024, unpublished.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 Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished.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 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 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…

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…

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 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 overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager.

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…

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:…

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:…

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…

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.

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,…

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…

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,…

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,…

The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,…

The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,…

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…

The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.

The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a…

The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D.

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:…

The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…

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…

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…

The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values…

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…

The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:…

The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,…

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at…

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…

The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane…

Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The…

The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He…

The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D.

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…

The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for…

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…

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it…

A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to…