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Law Bars Employee’s Suit Against District
The District of Columbia Court of Appeals ruled that claims against the district as a substitute defendant under one law are barred by the exclusivity provision of another. Case: Colbert v.
No Benefits, New Trial for Self-Represented Worker
A Louisiana appellate court upheld the denial of a self-represented worker’s claim for benefits and motion for a new trial. Case: Bess v. Graphic Packing International LLC, No. 55,313-WCA, 11/15/2023, published. Facts:…
Retail Worker Gets Benefits for COVID Infection, Consequential Stroke
A New York appellate court upheld an award of benefits to a retail worker for his contraction of COVID-19 and consequential stroke. Case: Matter of Aungst v. Family Dollar, No. 536047,…
Insurance Department: Worker Faked Claims for Time Off, Free Health Care
The Idaho Department of Insurance said a woman in Boise who admitted to filing workers’ compensation claims for self-inflicted injuries because she wanted time off work and free health care…
Privette Doctrine Immunizes Property Owner From Liability to Contractor’s Injured Employee
A California appellate court upheld the dismissal of a lawsuit against a property owner by a contractor’s injured employee. Case: Brooks v. One Miracle Property LLC, No. B324231, 11/16/2023, unpublished. Facts: One…
Affiliated Corporations Share Immunity for Injuries to Employees
The South Carolina Court of Appeals ruled that three affiliated corporations effectively operated as a sole economic entity and shared immunity from civil liability for injuries to two employees. Case: Lucas…
Worker Gets Award for Determining Reasonable Attorney Fees
A divided Oregon Court of Appeals ruled that an injured worker was entitled to a reasonable award for determining the proper attorney fee, including reasonable fees incurred before the compensation…
NCCI Proposes Revisions to Classification System
The National Council on Compensation Insurance filed Item 02-TX-2023 — Revisions to NCCI’s Basic Manual for Texas for Classifications and Table of Classifications by Hazard Group — with the Texas…
Worker Gets Summary Judgment on Labor Law Claim for Fall From Truck
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his fall from a flatbed truck, and it sorted out…
No Summary Judgment for Worker Who Fell While Carrying Heavy Objects Down Stairs
A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim for a fall that happened while he descended a staircase with…
Defendant Gets Partial Summary Judgment in Trip-and-Fall Claim
A New York appellate court ruled that a Labor Law defendant was entitled only to partial summary judgment on a worker’s Labor Law claim for a trip-and-fall accident. Case: Freyberg v.
Court Says Carpenter Should Have Been Granted Summary Judgment
A New York appellate court ruled that a carpenter should have been granted summary judgment on his Labor Law claim for his injuries from a trip-and-fall accident. Case: Tompkins v. Turner…