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No Summary Judgment on Labor Law Claim Due to Triable Issues
A New York appellate court ruled that a worker’s Labor Law claims had to proceed to trial because there were triable issues about whether the worker had even suffered an accident. Case:…
Conflicting Evidence Precludes Summary Judgment on Labor Law Claim
A New York appellate court ruled that a Labor Law claim could not be decided on summary judgment because there were triable issues as to whether a statutory exemption applied. Case:…
Split Supreme Court Denies Benefits to Worker Who Fell on Own Front Steps
A divided Kentucky Supreme Court ruled that a worker who fell on her front steps before engaging in work-related travel did not suffer an injury in the course and scope…
CWCI Opens Registration for Annual Meeting
The California Workers’ Compensation Institute opened registration for its 59th annual meeting, set for March 8-9 in Walnut Creek. Alex Swedlow The meeting will address ongoing economic and demographic changes in…
Double-Dipping Window Washer to Pay More Than $30,000 in Restitution
The Ohio Bureau of Workers’ Compensation said a man actively working at his window cleaning company while receiving benefits was ordered to pay more than $30,000 in restitution after pleading…
WCRI Reports Variation in Injured Workers’ Use of Emergency Departments
Injured workers in Massachusetts turned to hospital emergency departments for initial medical visits last year at a rate more than double that of states including Arizona and California, according to…
No Summary Judgment on Labor Law Claim for Worker Who Injured Neck
A New York appellate court ruled that a worker should not have been granted partial summary judgment on his Labor Law claim for an injury from striking his neck against…
Supreme Court Says Worker’s Cohabitant Fiancee Can’t Assert Claim for Death Benefits
The North Carolina Supreme Court ruled that an individual who lacks a legal relationship with a deceased employee cannot be a dependent entitled to file a claim for death benefits. Case:…
Court Upholds Summary Judgment on Claim for Worker Who Fell From Ladder
A New York appellate court upheld a grant of summary judgment to a worker on his Labor Law claim for his fall from a ladder. Case: Castillo v. TRM Contracting 626…
Employee Can Receive Supplemental Earnings Benefits After Voluntary Retirement
A Louisiana appellate court ruled that a former employee can claim and receive supplemental earnings benefits after retirement, even if he admitted that his retirement was an independent decision and…
Production Supervisor Gets Award of Permanent Total Disability Benefits for Head Injury
The Iowa Court of Appeals upheld an award of permanent total disability benefits to a worker following a head injury. Case: MedPlast v. Pruis, No. 21-1650, 12/07/2022, published. Facts: Timothy Pruis worked…
Workplace Fatalities Up 8.9% in 2021
Workplace fatalities jumped 8.9% in 2021 from the prior year, while the fatal work injury rate increased only minimally during the same period, according to figures released Friday by the U.S.