Blog - Lastest News from Work Comp Staffing Solutions
Court Upholds Summary Dismissal of Worker’s Retaliation Claim
A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Case: Emerson v. Dart, No. 23-3029, 07/26/2024, unpublished. Facts and procedural history: Paula…
Friendship-Based Employment Can Fall Within Scope of Comp System
The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Case: Amos v. Tidwell, No. S-18626, 07/26/2024, published. Facts:…
Employer Liable for Comp Gets Dismissal of Worker’s Civil Claim
A New York appellate court ruled that an employer was entitled to the dismissal of an injured worker’s civil claims against it after it was held liable for workers’ compensation…
Court: Dispute Over Alleged Sexual Abuse Shouldn’t Have Gone to WCB
A New York appellate court ruled that a dispute between former newspaper delivery persons and the successor-in-interest to the newspaper for alleged sexual abuse should not have been referred to…
Industrial Commission Opens Registration for Annual Conference
The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will…
High Court Suspends Attorney for Nine Months
The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…
WCIRB Posts Report on COVID Claims
About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed…
Court of Existing Claims Announces Preliminary Review Docket
The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at…
DOL Seeks Nominations for Advisory Committee on Occupational Safety
The U.S. Department of Labor is seeking nominations for four positions on the National Advisory Committee on Occupational Safety and Health. The department said it is seeking one public representative, one…
Attorney Can’t Seek Fees After Client Settles LHWCA Claim
A federal appellate court ruled that the former attorney for a claimant seeking benefits under the Longshore and Harbor Workers’ Compensation Act could not seek an award of fees after…
Court Rejects Constitutional Challenges to IRE Process
The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Case: Bellamy v. City of Philadelphia (WCAB), No. 109 C.D. 2023, 07/22/2024, unpublished. Facts…
Staffing Service Provider’s Employee Can’t Get Tort Remedy From Employer’s Client
A New York appellate court ruled that an employee of a staffing service provider could not pursue a civil remedy against her employer’s client for injuries she sustained. Case: Miolan v.