NJ - Court Finds No Error in Striking Employer's Defenses for Discovery Violations
06/04/2026 | 0
A New Jersey appeals court held that a judge of compensation did not abuse her discretion in striking an employer's defenses and ordering it to authorize recommended treatment.
Counsel for Lambertville House did not oppose Roger Kneezel's motion to strike its defenses, the New Jersey Superior Court's Appellate Division said in an unpublished decision handed down Monday. The employer also failed to provide discovery relating to surveillance footage for more than four months, and its subsequent appeal to the doctrine of substantial compliance was deemed unpersuasive.
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A federal appellate court upheld the summary dismissal of an Illinois worker’s claims for disability discrimination.
Case: Shiba v. Mullin, No. 24-2514, 05/05/2026, published.
Facts and procedural history: Dored Shiba began working for the Social Security Administration in 1998.
In late 2002, he slipped and fell in the bathroom at work, hitting his head on a sink. Shiba resigned and applied for Social Security disability benefits. He also sought and was approved for disability retirement, which entitled him to a separate annuity from the Office of Personnel Management.
In April 2007,
A Louisiana appellate court overturned the dismissal of a self-represented worker’s claim, finding that the Office of Workers’ Compensation judge had failed to follow the proper procedure before dismissing with prejudice.
Case: Casimier v. Audubon Nature Institute Inc., No. 2025-CA-0765, 05/19/2026, published.
Facts: Idell S. Casimier worked for the Audubon Nature Institute. She allegedly collapsed and sustained injuries while at work in November 2018.
Procedural history: Casimier filed a workers’ compensation claim, acting as her own attorney.
During a pretrial conferenc
A New York appellate court ruled that the former owner of a property where a worker allegedly suffered injuries was entitled to partial summary dismissal of his Labor Law claims.
Case: Quintero v. MBH Capital LLC, No. 2024-01815, 05/13/2026, published.
Facts: Fernando Vasquez Quintero allegedly fell and sustained injuries while working/in Brooklyn.
Procedural history: Quintero filed suit against Federal Brick Management Group LLC, asserting that it owned the property at the time of his accident. He advanced claims for negligence and violations of the Labor Law.
Federal Brick asserted a cou
A recent unpublished decision addressed the limitations of the Workers' Compensation Appeals Board to substitute findings of fact in the appellate process.
In Los Angeles Department of Water and Power vs. WCAB (Jeanette France), the Court of Appeal reversed a WCAB appellate decision that substituted new findings of fact in a Labor Code 132(a) case.
The applicant was employed by the Department of Water and Power when she sustained an accepted injury on Jan. 9, 2017, to her lower back and shoulder. She was terminated on Feb. 1, 2017. The applicant was not a traditional employ
A New York appellate court ruled that an insurance carrier was entitled to a declaratory judgment that it owed no coverage to the defendants in two Labor Law actions.
Case: AIX Specialty Insurance Co. v. Steel Fab NY Inc., No. 2021-09507, 05/13/2026, published.
Facts and procedural history: AIX Specialty Insurance Co. filed a declaratory judgment action, seeking a determination that it was not obligated to defend or indemnify any party in connection with personal injury actions that had been filed against Sullivan Heights LLC and ZNKO Construction Inc.
The personal injury actions arose from
The Workers' Compensation Insurance Rating Bureau of California on Thursday posted updated versions of publications related to regulatory changes taking effect Sept. 1.
In May, Insurance Commissioner Ricardo Lara approved changes that the WCIRB proposed to the California Workers’ Compensation Uniform Statistical Reporting Plan-1995, California Workers’ Compensation Experience Rating Plan-1995 and the Miscellaneous Regulations for the Recording and Reporting of Data-1995.
Approved changes include using three decimal places instead of two to make expected loss rates mo
ANV Group Holdings Ltd. announced the acquisition of Specialty Comp Insurance Solutions from Specialty Program Group, a subsidiary of Hub International.
Specialty Comp Insurance Solutions is a Texas-based managing general agent specializing in hard-to-place monoline workers’ compensation insurance.
ANV said the deal expands its specialty insurance capabilities by "adding a differentiated workers’ compensation MGA focused on middle-market accounts and risks that are typically underserved by the standard market."
Specialty Comp Insurance Solutions had about $250 mi
Connecticut Gov. Ned Lamont has approved the creation of a task force charged with studying how administrative processing, medical provider availability and insurer authorization requirements prolong workers' compensation claims for select first responders.
Lamont on Tuesday signed HB 5385, which creates the eight-member task force to "study undue delay in workers' compensation claims by police officers and firefighters."
The task force will consist of six members appointed by lawmakers, the Labor Commissioner and the chair of the Workers' Compensation Commission. The b
A Louisiana appellate court upheld a denial of benefits to the mother of a grocery store worker who died of an aortic dissection after the end of his shift.
Freddy Casas was a dairy manager at Rouse's Supermarket Store 69 in Baton Rouge. On Feb. 18, 2018, Casas worked an eight-hour shift at the store. That evening, he went to the hospital complaining of chest tightness, abdominal cramping, and leg and back pain.
Casas died early the next morning. An autopsy performed at the hospital confirmed the cause of death was an aortic dissection.
Casas’ mother filed a claim for death benefi
A New York appellate court ruled that an injured worker’s employer was entitled to summary judgment dismissing the common-law indemnification claims against it, and on a counterclaim alleging that it failed to procure insurance.
Case: Maloney v. Night Castle Management, No. CV-24-1776, 05/07/2026, published.
Facts: Night Castle Management and American Young Voices LLC organized a children's concert in 2017 at what was then known as the Times Union Center.
To produce this show, AYV rented concert equipment from VER, which was loaded by VER from its warehouse onto a tractor-tra
A majority of New York’s highest court ruled that an Industrial Code provision on excavation was not specific enough to support liability under the Labor Law.
Case: Mann v. Mezuyon LLC, No. 39, 05/26/2026, published.
Facts: William Mann allegedly suffered injuries while working as a drill blaster at an excavation site when he was struck by an excavator machine.
The property was owned by Mezuyon LLC, and the excavation was being performed by Mayrich Construction Corp., Mann's employer.
Procedural history: Mann sued Mezuyon, asserting claims for negligence and violations of th
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s claim of injury from his exposure to a chemical solvent.
Case: Palmer v. Loar Holdings Inc., No. 25-ICA-346, 05/01/2026, published.
Facts: Gary Palmer worked for Loar Holdings Inc. In February 2025, he went to the hospital with complaints of dizziness, lethargy, decreased energy, bowel bubbling with constipation, mental fogginess and occasional shortness of breath.
A urine test showed a small amount of ketones, consistent with contamination, and a trace of blood. Palmer was diagnosed with generali
The Washington State Department of Labor & Industries opened an investigation into the May 26 Longview chemical tank collapse that killed 11 workers.
The agency said now that all missing workers have been recovered from the Nippon Dynawave site, where a tank containing more than 500,000 gallons of caustic solution used to turn wood chips into paper pulp failed, it is investigating to determine whether there were any safety violations connected to the incident.
L&I said it has 180 days to complete the inspection and, based on the complexity and scale of this probe, it anticipates usin
Permanent partial disability benefits would increase by about 51% under a recently amended bill proposing the first benefit increase in California since SB 863.
Sen. Anna Caballero, D-Merced, on Monday amended SB 555 to propose increasing the range of wages used to calculate PPD benefits.
For injuries on or after Jan. 1, 2027, the minimum average weekly earnings would be $363, and the maximum would be $658.
SB 863 increased the wage range used to calculate PPD benefits to $240-$435, effective Jan. 1, 2014.
PPD benefits are equal to two-thirds of the injured workers' average e
Private self-insured employers reported fewer claims in 2025, but initial data shows signs of rising claim costs, the California Workers' Compensation Institute said.
The 84,996 claims reported last year were down 2.7% from 2024 and 18.5% below the 2022 peak, when thousands of COVID-19 claims pushed the total claim tally to 104,278.
Claim frequency among private self-insured employers fell to 3.83 claims per 100 employees last year from 3.88 claims per 100 employees in 2024. The frequency rate in 2025 was the lowest since 2020, CWCI said, adding that both indemnity and medical-
