Blog - Lastest News from Work Comp Staffing Solutions
Court Upholds Award to Nurse Injured in Patient Attack
The Delaware Superior Court upheld a determination that a nurse suffered a compensable neck injury that did not result in permanent impairment after being attacked by a patient. Case: McDaniel-Wesche v. Sun…
Court Tosses Worker’s Malpractice Action Against Former Attorney
A New York appellate court threw out a worker’s malpractice action against her former attorney, finding that the lawyer had never agreed to represent her in a personal injury action. Case: Boukari…
Court Says WCJ Didn’t Arbitrarily Reject of Expert Testimony
The Commonwealth Court of Pennsylvania ruled that a judge’s credibility assessment of an expert’s testimony was not so arbitrary and capricious to require reversal of the finding that a worker…
State’s Share of Covered Wages, Benefit Payments Edges Up Slightly
The share of covered wages and benefits paid to injured workers in the Golden State increased in 2021 from 2020 despite no change in the share of covered jobs, according…
Heirs of Cancer-Stricken Firefighter Not Entitled to Presumption
A Texas appellate court overturned an award of benefits to the heirs of a firefighter who died from pancreatic cancer, finding they were not entitled to a statutory presumption that the…
Court: Carrier’s Contract Action Against Injured Worker Wasn’t SLAPP
A California appellate court ruled that a workers’ compensation insurance carrier’s breach-of-contract action against a tile setter for failing to pay its lien out of a settlement was not a…
Comp Commission Sets Conference for Oct. 8-9
The Virginia Workers' Compensation Commission is holding its Educational Conference and Exhibition Oct. 8-9 at the Greater Richmond Convention Center. The event is sponsored by the International Workers' Compensation Foundation (IWCF) and will focus…
Injured Worker Can Proceed With Labor Law Claim Against Homeowner
A New York appellate court upheld a grant of partial summary judgment that allowed a worker to proceed with his Labor Law action against one of two homeowners. Case: Liu v. Yung,…
Worker Gets Additional Time to Serve Labor Law Claims on Out-of-State Defendant
A New York appellate court ruled that a worker was entitled to additional time to serve a summons and complaint for his Labor Law claims against a homeowner who had…
No Additional TTD for Worker Laid Off During COVID-19 Pandemic
An Ohio appellate court upheld a determination that a worker was not entitled to temporary total disability compensation after she was laid off from her job due to the COVID-19…
Court Upholds Summary Dismissal of Worker’s Claims for Retaliation, Discrimination
The Kentucky Court of Appeals upheld the summary dismissal of a worker’s claims of retaliation and disability discrimination against her former employer. Case: Hamilton v. Louisville and Jefferson County Metropolitan Sewer…
Court: Settlements to Release ‘Unknown’ Claims Aren’t Enforceable
The Montana Workers’ Compensation Court ruled that settlement language purporting to release “unknown” claims is not enforceable. Case: Sundheim v. Montana Health Network, No. 2024-00347, 03/04/2024, published. Facts and procedural history: Stephany…