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Workers' Compensation News

Court Upholds Dismissal of Claims by Worker who Fell from Ladder 07/10/2018
Source: WorkCompCentral
State: NY | Segment: NORTH | 87 | 0 | Popular with Legal | 11 min read
A New York appellate court upheld the dismissal of a worker's Labor Law and negligence claims arising out of his alleged fall from a ladder while working on a condomium construction project. Case: Naupari v. Murray, No. 6887 111215/11, 07/03/2018, published. Facts: Jorge Naupa...Read More
Court Issues Dual Rulings Compelling Employer To Pay For Doctor Of Choice 07/10/2018
Source: WorkCompCentral
State: LA | Segment: SOUTH | 98 | 0 | Popular with Legal | 24 min read
In a set of companion cases, a Louisiana appellate court ruled that two workers complaining of industrial hearing loss could not be denied treatment with the physician of their choice. Case: Kyle v. Boise Cascade Co. and Scott v. Packaging Corp. of America, Nos. 18-384 and 18...Read More

Court Upholds Compensability of Worker's Neck Injury but Remands for Additional Findings 07/09/2018
Source: WorkCompCentral
State: NC | Segment: SOUTH | 113 | 0 | Popular with Other | 11 min read
The North Carolina Court of Appeals ruled that a worker had established the compensability of a neck injury following a work accident. However, the court said the Industrial Commission needed to make additional findings about her wage-earning capacity and the effect of her employer’s f...Read More

Commissioner's Refusal to Hear Evidence of Vocational Disability Didn't Violate Due Process 07/09/2018
Source: WorkCompCentral
State: CT | Segment: NORTH | 66 | 0 | Popular with Legal | 60 min read
The Connecticut Appellate Court ruled that a worker was not denied due process when a commissioner refused to hear her evidence in support of a vocational disability claim. ...Read More

Court Asks WCAB to Determine if Appeal of Lien Declaration Deadline Was Frivolous 07/06/2018
State: CA | Segment: WEST | 713 | 0 | Popular with Legal | 30 min read
California’s 2nd District Court of Appeal asked the Workers’ Compensation Appeals Board to determine whether an appeal of an en banc decision that defined the deadline for lien declarations mandated by Senate Bill 1160 was brought in bad faith. ...Read More

Court Won't Vacate Default Judgment for Defendant in Personal Injury Action 07/06/2018
Source: WorkCompCentral
State: NY | Segment: NORTH | 96 | 0 | Popular with Legal | 22 min read
A New York appellate court ruled that a defendant in a construction worker’s personal injury action was not entitled have its default set aside, since it could not demonstrate good cause for its failure to participate in the proceedings. ...Read More

Contractor Cited for Failing to Provide Fall Protection 07/06/2018
State: FL | Segment: SOUTH | 175 | 0 | Popular with Legal | 6 min read
A contractor faces $48,778 in penalties for exposing employees to dangerous falls at two South Florida worksites. The U.S. Occupational Safety and...Read More

Commercial Bakery Cited for Fall and Electrical Hazards 07/06/2018
State: FL | Segment: SOUTH | 75 | 0 | Popular with Legal | 1 min read
A Miami bakery faces $67,261 in fines for exposing employees to caught-in, fall and electrical hazards. The U.S. Occupational and Safety Administration c...Read More

Court Overturns Denial of PTD Benefits; Remands for Commission to Clear Up 'Mess' 07/05/2018
Source: WorkCompCentral
State: OH | Segment: NORTH | 100 | 0 | Popular with Legal | 4 min read
An Ohio appellate court overturned a denial of a worker’s claim for permanent total disability benefits, finding that the Industrial Commission erred in focusing on whether she had abandoned the workforce without determining if she was capable of working. ...Read More

Court Upholds Reduction in Worker's PPD Award to Account for Pre-Existing Arthritis 07/05/2018
Source: WorkCompCentral
State: OR | Segment: WEST | 73 | 0 | Popular with Insurance | 16 min read
The Oregon Court of Appeals upheld a reduction in the amount of a worker’s permanent partial disability award based on a finding that his accepted occupational disease did not cause the diminished range of motion in his fingers. ...Read More
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