CA - Court Affirms Jury's Verdict Finding L.A. Failed to Engage in Interactive Process
04/22/2025 | 0
A California appeals court affirmed a jury’s finding that the Los Angeles Police Department failed to engage in the interactive process to find a reasonable accommodation for an injured officer.
The 2nd District Court of Appeal also rejected the city’s argument that the jury’s award was excessive, saying substantial evidence supported the $1 million award for noneconomic damages.
Vincent Albano was working patrol in the LAPD’s Harbor Division in 2003 when he started experiencing extreme fatigue. He developed insomnia and was able to sleep for only a couple of hours ea...
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The South Dakota Supreme Court overturned a denial of benefits to a worker, finding that his work injury was a major contributing cause of his condition and need for treatment, but the court upheld a finding that he was not permanently and totally disabled.
Case: Brewer v. Tectum Holdings Inc., No. 30403, 04/16/2025, published.
Facts: Joshua Brewer worked for Tectum Holdings Inc. as a shipping clerk. He worked 10- to 12-hour shifts, lifting material kits that were 5- to 8-feet long and weighed anywhere from 28 to 60 pounds. During a typical day, Brewer would pull an average of 65 t...
The Missouri Court of Appeals upheld the denial of a duty disability pension to a firefighter who had suffered a wrist injury, but it advised the retirement board to clarify its causation standard.
Case: Stock v. Policemen’s and Firemen’s Retirement Fund of the City of Richmond Heights Missouri, No. WD87329, 04/15/2025, published.
Facts: Aaron Stock worked as a firefighter and paramedic for the City of Richmond Heights. In June 2020, Stock missed a step when exiting a fire truck and fell. He twisted his right ankle and fell forward on his outstretched left hand.
A doctor diagnos...
NY - Judge Dismisses $124K Fall Protection Violation, Cites Lack of Evidence
The U.S. Occupational Safety and Health Administration failed to prove that a Dish Network worker installing equipment on the roof of a Sonic fast-food restaurant in Syracuse, New York, was not using fall protection, an administrative law judge with the Occupational Safety and Health Review Commission ruled in vacating a $124,305 fine.
As documented in Acting Secretary of Labor v. Dish Network LLC, which became a final order of the commission Thursday, a Dish field technician and field service manager were working to install an antenna in 2022 when two OSHA compliance safety and health office...
With profound sadness, the Law Offices of David J. Shepard announces the death of David J. Shepard after a very short-term illness at the age of 74. He was the sole practitioner of a workers’ compensation practice that was founded in 1986.
Shepard was admitted to the California State Bar in 1978 after getting his juris doctorate from the University of Sa...
Like the broader U.S. system, workers' compensation in New Jersey promises to protect employees injured on the job by ensuring timely and adequate medical care.
However, this promise often feels broken when navigating the system's realities, particularly concerning medical benefits. Injured workers frequently encounter significant hurdles, especially when seeking medical treatment for both routine conditions and those requiring immediate attention.
Navigating New Jersey's medical maze
Obtaining necessary medical care under New Jersey's workers' compensation can be a ...
A New York appellate court ruled that a Labor Law defendant was not entitled to summary judgment dismissing a worker’s claim.
Case: Siguencia v. City of New York, No. 161392/18, 04/15/2025, published.
Facts and procedural history: Franklin Siguencia allegedly suffered injuries while working on a construction project.
He filed suit against the City of New York, asserting a claim for a violation of Labor Law Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to provide adequate safety devices to protect workers ...
The Commonwealth Court is continuing its string of decisions rejecting reinstatement and penalty petitions by Philadelphia police officers who contracted COVID-19, adding that the humanitarian purpose of the Workers’ Compensation Act has not been violated by the denial of these petitions.
Case: Stewart v. City of Philadelphia (WCAB), No. 490 C.D. 2024, 04/15/2025, published.
Facts and procedural history: Terry Stewart is one of 15 police officers represented by the same counsel who have filed similar claims based on the lasting effects of COVID-19, which they allegedly contracted ...
The U.S. Department of Justice announced a $300 settlement with Walgreens to resolve allegations that it illegally filled millions of invalid prescriptions for opioids and other controlled substances.
The settlement also resolves allegations that Walgreens sought payment for invalid prescriptions in violation of the False Claims Act.
If Walgreens is sold, merged or transferred before the start of fiscal year 2032, the company will owe the federal government an additional $50 million.
As a result of the settlement, the Justice Department moved to dismiss a complaint filed with the U.S. ...
The Nevada Occupational Safety and Health Administration reminds employers that it will begin enforcing the state’s heat regulations April 29.
The Division of Industrial Relations, the parent agency to Nevada OSHA, adopted rules last year requiring employers to implement preventive measures, employee training and emergency response procedures to address heat exposure hazards in the workplace.
The rules require businesses with more than 10 employees to perform a one-time analysis of working conditions that could cause heat illness for job classifications where a majority of wo...
A federal court in Sacramento found that the owners of a labor organization convicted of fraud are not entitled to a new trial even though they claimed they were denied the opportunity to introduce evidence about the legality of the work comp product they sold in California.
The court said allegations against Agricultural Contracting Services Association, doing business as American Labor Alliance, and its owners — Marcus Asay and Antonio Gastelum — involved fraudulently issuing certificates of coverage that indicated national carriers were backing the comp program when t...
The Washington Court of Appeals overturned a determination that a ketamine treatment provider was not entitled to additional payment for its services, since the Fee Review Hearing Office had miscalculated the amounts due.
Case: Fort Washington Surgery Center v. Indemnity Insurance Co. of North America, No. 271 C.D. 2022, 04/14/2025, unpublished.
Facts: Jasmine Sumair suffered injuries in October 2018 while working for Acadia Healthcare Co. Inc.
Fort Washington Surgery Center provided ketamine infusions to Sumair as treatment for her injuries 13 times.
The center billed Acadia’s insur...
A federal appellate court upheld a determination that a former postal worker was required to return an overpayment of her disability retirement annuity benefits.
Case: Casarez v. OPM, No. 24-2125, 04/14/2025, unpublished.
Facts: Guadalupe Casarez worked for the U.S. Postal Service. She applied for a disability retirement through the Federal Employees Retirement System in 2015.
The Office of Personnel Management approved the application in June 2016. The agency said in the approval letter that Casarez’s retirement benefits would be reduced by 100% of any Social Security benefit payable...
A New York appellate court overturned a finding that an employer failed to timely controvert a worker’s claim of injury.
Case: Matter of Collins v. New York City Transit Authority, No. CV-23-0409, 04/10/2025, published.
Facts and procedural history: Jennel Collins worked as a cleaner for the New York City Transit Authority. On March 7, 2022, Collins reported that she sustained injuries at work a day earlier when the bench she sat on tilted, causing her to fall backward on the floor.
The next day, the Transit Authority filed a report of injury with the Workers’ Compensa...
A Louisiana appellate court rejected a worker’s challenge to the calculation of his average weekly wage, the termination of his benefits and the denial of his request to change treatment providers.
Case: Jones v. Craft Resource Solution, No. 24-554, 04/09/2025, published.
Facts: Craft Resource Solution, a staffing company that provides general laborers and fitters to its clients, hired Kevin Jones in August 2018.
Jones started work as a supervisor for a short-term project at a paper mill in September 2018. Just a few days later, Jones was driving a van to take a person whose empl...
Montana lawmakers voted to send the governor a bill that would move the Workers’ Compensation Court to the judiciary branch.
The state House of Representatives on Thursday voted 98-1 to concur with amendments made to HB 516 while the measure was in the Senate.
The bill, by Rep. Ken Walsh, R-Twin Bridges, would require the state Supreme Court, not the Montana Department of Labor and Industry, to supervise the activities of the Workers’ Compensation Court.
When the House first voted 95-2 to pass the measure in March, it would have required the department to transfer $500,000 a yea...
The U.S. Occupational Safety and Health Administration released 2024 workplace injury and illness data collected from its Injury Tracking Application, providing searchable data for individual workplaces required to electronically submit records.
OSHA says providing access to injury and illness data “will assist in identifying unsafe conditions and workplace hazards that may cause occupational injuries and illnesses” and that “[r]ecognizing these hazards will help detect ways to control or prevent them and reduce future injuries. At the core, making this data available protec...