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Workers' Compensation News

 

Employer's Procedural Error Voids Favorable Summary Judgment 01/03/2025
State: TX | Segment: SOUTH | 0 | Popular with Insurance
A Texas appellate court ruled that an employer’s failure to provide notice of a proposed judgment to the Division of Workers’ Compensation rendered the judgment void. ...Read More
 
 

Employee of Uninsured Employer Can't Proceed With Claim Against Auto Insurer 01/03/2025
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court upheld the summary dismissal of an injured worker’s suit against an automobile insurance carrier for coverage of his economic losses because his employer was uninsured, and he could not apply for workers’ compensation benefits. ...Read More
 
 

Electrician Injured by Falling Beam Gets Summary Judgment on Labor Law Claim 12/18/2024
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court ruled that an electrician should have been granted summary judgment on his Labor Law claim for his injuries from being struck by a falling beam. ...Read More
 
 

Employer Liable for Award Despite Worker's Later Exposure to Coal Dust at Different Job 12/09/2024
State: WV | Segment: SOUTH | 0 | Popular with Legal
The West Virginia Supreme Court ruled that a worker was entitled to benefits for his occupational pneumoconiosis from the employer that was not the last to expose him to coal dust. ...Read More
 
 

Employer Fined $730,369 in Drowning Case 12/06/2024
State: MN | Segment: NORTH | 0 | Popular with Insurance
The Minnesota Occupational Safety and Health Administration proposed $730,369 in penalties for violating commercial diving standards that resulted in the drowning of an 18-year-old worker. ...Read More
 
 

Exclusivity Doesn't Bar Worker's Claims for False Light, Defamation Against Employer 12/02/2024
State: HI | Segment: Top | 0 | Popular with Legal
The Intermediate Court of Appeals of Hawaii ruled that workers’ compensation exclusivity did not bar an employee from bringing defamation and false light claims against his employer and that the dismissal of a negligence claim should have been without prejudice. ...Read More
 
 

Employer Seeking Refund Gets Writ Relief 12/02/2024
State: OH | Segment: NORTH | 0 | Popular with Insurance
An Ohio appellate court ruled that an employer participating in a group retrospective rating program was entitled to a writ of mandate. Case...Read More
 
 

Employer's Review Application Meets Minimum Requirements for Appeal 11/27/2024
State: MO | Segment: SOUTH | 0 | Popular with Legal
The Missouri Court of Appeals ruled that an employer’s application for review of an administrative law judge’s decision was “not perfect,” but it was good enough to put the worker and Second Injury Fund on notice of the contested issues. ...Read More
 
 

Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion 11/08/2024
State: FL | Segment: SOUTH | 0 | Popular with Legal
A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on a worker’s claim. ...Read More
 
 

Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity 10/31/2024
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to include his depression diagnosis. ...Read More
 
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