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…

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 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 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 finding that a worker was entitled to benefits for his injuries from being struck by two motorized bicycles after he left a happy…

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 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,…

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 a worker failed to prove the amputation of his leg was related to his injuries from a fall in 2006. Case: Matter of DiPippo…

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,…

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 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…

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…

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…

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 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 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 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.

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…

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:…

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 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,…

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,…

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,…

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…

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 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…

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…

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 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…

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’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 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…

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…

The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law…

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,…

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…

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 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…

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,…