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Court Holds Guaranty Association Liable for Worker’s Mesothelioma Benefits
A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…
ATF Medical Names Katherine Kelson VP of National Sales
ATF Medical appointed Katherine Nelson to serve as vice president of sales. Katherine Nelson Nelson will be based in Las Vegas and oversee the company’s efforts to market mobility and accessibility…
Employer Partially Liable for Disability Can Claim Full Social Security Offset
The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was…
Court Upholds Dismissal of Municipal Employee’s Tort Suit Against Employer
A Louisiana appellate court upheld the summary dismissal of a municipal employee’s suit against her employer for her injuries from a fall allegedly caused by the city’s negligence in maintaining…
Worker Gets to Amend Labor Law Action, but Original Claims Were Properly Dismissed
A New York appellate court ruled that a worker should have been allowed to amend his Labor Law action to add another claim, but it upheld the summary dismissal of the…
Court Reinstates Injured Bricklayer’s Labor Law Claims
A New York appellate court reinstated a bricklayer’s Labor Law claim for alleged injuries from being struck by falling bricks. Case: Rzepka v. City of New York, No. 2021-05088, 05/15/2024, published. Facts:…
WCAB Assesses $40k in Sanctions for Misuse of Reconsideration
The Workers’ Compensation Appeals Board sanctioned an attorney and a hearing representative a combined $40,000 for requesting reconsideration to delay proceedings. The board in an en banc decision published Thursday said…
Supreme Court to Weigh in on Statutory Employer Defense
The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…
Court Upholds Denial of Caregiver’s Request for Amended Complaint, Dismisses Claims
The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case:…
Bill Would Increase Cap on Contingency Fee
New Jersey lawmakers are considering raising fees for attorneys who represent injured workers. The Senate last week voted 27-9 to pass bill S2822/A3986, which would increase the cap on attorney fees…
Labor Law Defendants Get Only Partial Summary Judgment
A New York appellate court ruled that the defendants in a Labor Law action were entitled to only partial summary judgment in their favor. Case: Maldonado v. Hines 1045 Avenue of…
Labor Law Defendant Entitled to Partial Summary Judgment
A New York appellate court ruled that a Labor Law defendant should have been granted summary judgment dismissing part of a worker’s claims for alleged injuries from a fall from…