Blog - Lastest News from Work Comp Staffing Solutions
Worker Can’t Add New Defendant to Labor Law Complaint
A New York appellate court ruled that a worker was not entitled to amend his Labor Law complaint to add a new defendant and that the named defendant was entitled…
Worker Gets Award of Penalties; Employer Gets No Additional Subrogation Credit
The Commonwealth Court of Pennsylvania upheld an award of penalties for an injured worker and ruled that her employer was not entitled to additional subrogation credit. Case: Medical Revenue Associates v.
Court Upholds Summary Dismissal of Worker’s Gross Negligence Suit Against Colleague
The Iowa Court of Appeals ruled that a worker was entitled to summary judgment dismissing the gross negligence suit against him by a colleague whose hand was crushed in a…
Supreme Court Expresses ‘Profound Concern’ With Administrative Denial of Claim
The South Carolina Supreme Court upheld a decision awarding benefits to a worker for a repetitive trauma injury, expressing “profound concern” with the administrative ruling that had rejected the claim. Case:…
Court Upholds Compensability of Poultry Plant Worker’s Heart Attack
The Arkansas Court of Appeals ruled that the Workers’ Compensation Commission did not exceed the scope of its mandate in determining that a poultry plant employee was entitled to benefits…
WCIRB Committee to Discuss Rate Filing Wednesday
The Governing Committee for the Workers’ Compensation Insurance Rating Bureau of California will discuss the upcoming advisory pure premium rate recommendation when it meets Wednesday. Since 2021, the WCIRB has submitted…
Worker Waits Too Long to Sue Over Alleged Chemical Exposure Injuries
A California appellate court upheld the dismissal of a worker’s civil suit against his former employer for alleged chemical exposure injuries as time-barred. Case: O’Bryan v. NuSil Technology LLC, No. F084899,…
Judge to Revisit Fee Award Prompted by Employer’s Partially Unreasonable Contest of Claim
The Commonwealth Court of Pennsylvania overturned an award of attorney fees to an injured worker and ordered a judge to reconsider what the employer should pay, given that its challenge…
Comp Judges Reappointed to Five-Year Terms
The New Mexico Workers’ Compensation Administration announced that judges Tony Couture and David Skinner were reappointed to new five-year terms, effective Wednesday. Work comp judges in New Mexico are initially appointed…
Worker Gets Presumption That Recent Symptoms Relate to Old Back Injury
The Commonwealth Court of Pennsylvania ruled that a worker was entitled to a presumption that some of his symptoms were related to an old back injury and that his employer…
Court Tosses Worker’s Challenge to Dismissal of Civil Suit
A Louisiana appellate court tossed a worker’s appeal of summary judgment in her civil suit for a work-related automobile accident. Case: Lanclos v. State Farm Mutual Automobile Insurance Co., No. 23-575,…
Court Upholds Loss-of-Use Calculation With Credit for Compensation Paid
The Illinois Appellate Court upheld the calculation of a worker’s loss-of-use award as including a credit to her employer for a prior award. Case: DeJarnatt v. IWCC, No. 5-23-0624WC, 04/04/2024, unpublished. Facts…