NM - High Court Invalidates Cap on Attorney Fees in Appeals
07/08/2025 | 0
The New Mexico Supreme Court ruled that a statutory cap on attorney fees enacted in 1987 does not apply to appeals.
The high court said the law creates a potential conflict because a reasonable fee determined using rules adopted by the judiciary may exceed the cap on fees set by the Legislature.
"By attempting to govern attorney compensation within the judiciary in conflict with our rules, the Legislature has infringed our constitutional authority to regulate all pleading, practice and procedure in the courts," the high court said.
As such, the court held that the attor...
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A New York appellate court overturned a grant of summary judgment for a defendant in a Labor Law claim, finding that the worker should have been granted summary judgment instead.
Case: Daniello v. J.T. Magen & Co. Inc., Nos. 158947/19 and 595110/22, 06/17/2025, published.
Facts: Thomas Daniello allegedly suffered injuries while performing overhead wiring work atop an A-frame ladder.
Daniello said he was using both hands to do the work when he was suddenly "jolted" by a falling ceiling tile, causing him to lose his balance and fall.
Procedural history: Daniello filed...
West Virginia’s Intermediate Court of Appeals overturned a determination that an injured worker who continued to receive his full wages was not entitled to temporary total disability benefits.
Case: Radcliff v. Momentum Pipeline LLC, No. 24-ICA-399, 06/06/2025, published.
Facts: David Radcliff worked for Momentum Pipeline LLC. He suffered injuries at work in June 2021.
A claims administrator for Momentum’s insurance carrier accepted liability for a right rotator cuff rupture and left knee contusion.
In September 2021, the claims administrator suspended Radcliff’s temporar...
The Georgia Court of Appeals ruled that exclusivity barred a worker’s suit against his colleague and their employer for his injuries from a car accident.
Case: Webster v. Campbell, No. A25A0319, 06/13/2025, published.
Facts: In 2022, Dexter Webster was a passenger in a vehicle driven by Eric Campbell that struck another vehicle. Campbell and Webster both worked for Hansen & Adkins Auto Transport Inc., which owned the vehicle that Campbell was driving.
Procedural history: Webster sued Campbell and Hansen. He alleged that Campbell’s negligence caused the accident and that...
Lawmakers in the California State Senate are scheduled to discuss a bill that proposes changes to the state’s Subsequent Injuries Benefits Trust Fund amid the backdrop of the fund’s payouts and employer assessments reaching new highs.
Assembly Bill 1329, by Liz Ortega, D-San Leandro, presents multiple changes that could impact the SIBTF and how it is run.
Background
For those who are unfamiliar with the SIBTF, the fund is California’s version of a second injury fund that provides benefits to injured workers who have a preexisting disability that combines with a se...
A divided Louisiana appellate court ruled that a coal yard operator and cargo transport provider had a duty to defend and indemnify an employer from a civil suit by a worker left paralyzed by an industrial accident.
Case: Jones v. Buck Kreihs Marine Repair LLC, No. 2024-CA-0837, 06/11/2025, published.
Facts: United Bulk Terminals Davant LLC owned and operated a coal yard on the Mississippi River in Davant, Louisiana.
It had a business relationship with Buck Kreihs Marine Repair LLC, a marine and industrial repair company that provides installation, overhaul and repair services to river...
A divided Maryland Supreme Court said an employer that complies with the state's Workers' Compensation Act is shielded from wrongful death actions brought by a nondependent adult child.
John Ledford fell from a retaining wall and died in February 2021 while working for Jenway Contracting Inc. He was survived by his adult daughter, Summer Ledford.
Because Summer was nondependent on her father, she was not eligible for workers' compensation death benefits. Instead, she sued Jenway under the state's Wrongful Death Act.
The circuit court granted Jenway's moti...
The Nevada Court of Appeals ruled that the statutory limitation on benefits for retired firefighters, arson investigators and police officers does not apply to retirees who have completed at least 20 years of creditable service as of June 8, 2015.
Case: City of Las Vegas v. Munson, No. 88888-COA, 06/12/2025, published.
Facts: Peggy Munson worked as a firefighter with the City of Las Vegas from 1992 until 2013. In 2021, about eight years after she retired, Munson was diagnosed with a disabling heart disease and applied for permanent total disability benefits.
The city’s insurance ...
The Commonwealth Court of Pennsylvania upheld a determination that a cancer-stricken volunteer firefighter’s claim for benefits was time-barred.
Case: Gilbert v. South Whitehall Township (WCAB), No. 650 C.D. 2024, 06/12/2025, published.
Facts: James Gilbert joined the Woodlawn Volunteer Fire Department in 2006. His position as a fire police volunteer did not involve active firefighting duties but required his presence at active fires.
Before this, Gilbert had volunteered as a firefighter for the Tri-Clover Volunteer Fire Company.
In February 2018, Gilbert was diagnosed with pros...
San Diego, California - 6/26/2025 - Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers' compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct cl...
A New York appellate court upheld a grant of partial summary judgment for a worker on his Labor Law claim but said a defendant was entitled to summary judgment dismissing some claims against him.
Case: Berrones v. 130 E. 18 Owners Corp., No. 159487/19 595362/2, 06/12/2025, published.
Facts: Marcos Berrones allegedly suffered injuries while working on a construction project when he fell through a gap between a pipe scaffold and the building facade that was hidden by plastic.
Procedural history: Berrones filed suit against 130 E. 18 Owners Corp. and Inter Renovation Inc., asserting claim...
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request for a walk-in whirlpool tub and shower, and the replacement of the floorboards on his porch, as not medically necessary for his burn injuries.
Case: Carey v. AAA Paving and Sealing Inc., No. 24-ICA-436, 06/06/2025, published.
Facts: Douglass Carey worked for AAA Paving and Sealing Inc.
Carey suffered injuries at work in May 2023 when a dump truck hit a power line, knocking the transformer and high voltage line onto the paver that Carey was operating. The incident caused second- and third-d...
The California Division of Workers' Compensation's Pharmacy and Therapeutics Committee is meeting on July 16.
Committee members are scheduled to discuss issues relating to topical analgesics as well as updates to the prescription drug formulary that take effect Aug. 6.
The division on Wednesday said it revised the formulary drug list based on changes in the chronic pain guideline published by the American College of Occupational and Environmental Medicine.
The P&T Committee meets from 12:30-2:30 p.m. July 16.
A link to join the meeting through video conference is included...
The California Division of Workers' Compensation adjusted the pathology and clinical lab section of the medical fee schedule and the prescription drug formulary in the treatment guidelines.
The division said it modified the formulary drug list in the Medical Treatment Utilization Schedule based on changes in the chronic pain practice guideline published by the American College of Occupational and Environmental Medicine.
The new formulary section takes effect Aug. 6.
The division also announced that it adopted Medicare's third quarter changes in the pathology and clinical laboratory ...
The Massachusetts Supreme Court issued a pair of decisions finding that insurers in run-off are not precluded from receiving second-injury reimbursements, and the state's insolvent carrier fund is eligible for cost-of-living adjustments from the Workers' Compensation Trust Fund.
In Arrowood Indemnity Co. v. Workers' Compensation Trust Fund, the high court affirmed an appellate court decision holding that insurers in run-off are not precluded from receiving reimbursements on second-injury claims.
In Massachusetts Insurers Insolvency Fund v. Workers' Compensation Trust, t...
A New York appellate court ruled that a worker was not entitled to summary judgment on the issue of liability for his Labor Law claims, but some of the defendants should have had the claims against them dismissed.
Case: Breslin v. Access Auto Sales and Service LLC, No. CV-24-0687, 06/12/2025, published.
Facts: Matthew Breslin worked as a cable technician. He suffered injuries in March 2018 while installing telephone, television and internet service at the offices of Access Auto Sales and Service LLC.
Breslin’s employer was a subcontractor hired by Charter Communications Inc. and Spect...
West Virginia’s Intermediate Court of Appeals upheld the denial of a doctor’s request for a worker to receive an oral medication prescribed for lung diseases.
Case: Dorsey v. Blackhawk Mining LLC, No. 24-ICA-422 , 06/06/2025, published.
Facts and procedural history: Joseph Dorsey worked for Blackhawk Mining LLC. In May 2024, a claims administrator for Blackhawk’s insurance carrier denied a request from Dr. Ryan Waddell for OFEV.
OFEV is a brand-name oral medication used to treat lung diseases.
The administrator did not provide any reasoning, basis or rationale for th...
