CA - Statute of Limitations Bars Worker's Medical Malpractice Claim
09/12/2024 | 0
An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California appellate court ruled.
Wenqian Zuo has not worked since December 2018 when she suffered a work-related injury resulting in a frozen left shoulder.
She had surgery on her shoulder in May 2019. In June 2019, she had two physical therapy sessions with providers from Select CAL Physical Therapy.
Though Zuo conceded that the physical therapy was effective in releasing her frozen shou...
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The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman.
Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished.
Facts: Lawrence Edwards worked for InterMoor Inc. He allegedly suffered injuries on Dec. 24, 2022, while working onboard the M/V Pacific Duchess.
Procedural history: Edwards filed suit against InterMoor in a Louisiana state court, asserting claims under the Jones Act, Louisiana law and general maritime law.
InterMoor removed the case to federal court, and Edwards moved to send ...
The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it.
Case: Fripp v. City of Atlanta, No. 23-14141, 08/29/2024, unpublished.
Facts: Sylvia Fripp worked for the City of Atlanta’s Department of Transportation under the supervision of Allen Smith.
In November 2017, Fripp complained to Smith that a co-worker had sexually harassed her. Smith claimed he conducted an investigation but was unable to substantiate Fripp’s allegations. Smith then transferred her ...
The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for three years.
Case: Hamwi v. First Student Services LLC, No. 126,272, 08/30/2024, unpublished.
Facts: Sam Hamwi worked for First Student Services LLC as a bus driver He allegedly suffered injuries at work in October 2017 when a student threw a rock that hit him in the head.
Hamwi also claimed that he lost consciousness and hit a curb while driving a bus in December 2017.
Procedural history: Hamwi filed a work...
I see parties in mediation who seem to think the facts and law of their case will magically change.
They act like their position is the only tenable one; they give no credence to an opposing view. They don’t prepare for the mediation. Maybe they’ll get it together just before the trial; maybe they won’t. In the meantime, time passes, expenses mount and hostility increases, all of which make settlement more difficult.
You want a sprinkling of magic fairy dust? Here’s how to make that happen.
Prepare well in advance
Make sure your opponent has everything he n...
The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award.
Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. 24-ICA-92, 09/04/2024, unpublished.
Facts: Juan Zavala worked for Concrete Pipe & Precast Martinsburg. He was struck by a forklift at work in March 2020 and reported injuries to his knees.
After about a year, Zavala was released to return to work. He continued to complain of pain, difficulty standing for prolonged periods, and leg cramps.
Dr. Bruce Guberman examined Zavala in De...
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 this year includes annual updates to fee schedules and billing codes.
The committee will also discuss additional questions including:
Should providers be able to employ an interpreter and bill for interpreter services?
Should medical providers be compelled to respond to return-to-work inquiries within a certain time frame?
Should an attending physician’s ...
Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina.
Attune said the work comp product caters to small businesses and those in hard-to-place industries, such as janitorial firms, landscaping, construction, carpentry, tiling and painting.
The carrier on Tuesday announced the launch of EverPeak Insurance in Arizona, saying it has already placed policies for more than 200 businesses. On Wednesday, the carrier announced the launch in South Carolina, where it says it has plac...
NY - Governor Signs Retail Workplace Safety Law
New York Gov. Kathy Hochul signed into law a bill requiring large retail outlets to provide workers with panic buttons, among other measures aimed at reducing violent incidents in stores.
Senate Bill S.8358C and the accompanying Assembly measure A.8947C, known collectively as the Retail Worker Safety Act, require retail employers to provide training and information to employees based on a model workplace violence prevention training program produced by the state’s Department of Labor.
The new law’s training requirements apply to businesses with at least 10 employees, and tho...
The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney learned of the doctor’s mistake, but on the date the attorney informed the worker of it.
Dr. Jason C. Eck performed spinal surgery on Keetly Marc in August 2019 to treat a work-related condition.
On Nov. 10, 2020, as part of the discovery process in Marc’s workers’ compensation claim, Marc’s attorney received multiple emails indicating that something was wrong with the surgery. The attorney ...
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, No. 824 C.D. 2023, 08/28/2024, unpublished.
Facts and procedural history: Charles Swiggett worked for Chester Water Authority as a laborer. He injured his back at work in January 2016.
A workers’ compensation judge determined that Swiggett sustained an aggravation of facet joint pathology and that he was entitled to benefits.
The WCJ suspended Swiggett’s...
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust.
Case: Jarrell v. Blackhawk Mining LLC, No. 24-ICA-87, 09/04/2024, unpublished.
Facts and procedural history: Charles Jarrell worked in the coal industry for more than 43 years. He underwent a pulmonary function study in March 2022 that showed a mild obstruction. Jarrell filed a claim for occupational pneumoconiosis against Blackhawk Mining LLC.
A claims administrator for Blackhawk’s insurance carrier held the cl...
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 a scaffold and was injured while working on a construction project at Pace University.
NYCAN Builders LLC was the construction manager for the project.
Procedural history: Ramirez filed suit against NYCAN and Pace, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or thei...
The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill the skies with smoke.
The agency commonly known as Cal/OSHA said the Line fire is impacting air quality around San Bernardino and Riverside. The fire, which started Thursday, has grown to cover more than 26,000 acres and is only about 5% contained, according to information from the Forestry and Fire Protection Department.
The Airport fire in east of Irvine in Orange County started Monday and quickly grew...
The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner.
The division said parties can once again file documents at the San Bernardino office.
“In conformance with statewide DWC policy, trials, expedited hearings and lien trials will be set in person,” the division said. “Mandatory settlement conferences, status conferences, lien conferences and priority conferences will remain virtual and take place on the assigned judg...
The Workers Compensation Research Institute is holding a webinar on Oct. 2 to cover key findings from the latest editions of its CompScope Benchmarks and Medical Benchmarks for Pennsylvania, as well as its recent drug trends study.
Topics to be covered include primary cost drivers in the state’s comp system, comparisons between Pennsylvania and other states, and trends across various performance metrics in the state. The presentation will also explore prescription drug payments compared to other states.
The CompScope Benchmarks and Medical Benchmarks studies include data from stat...
