Blog - Lastest News from Work Comp Staffing Solutions
Court Overturns Denial of Summary Judgment for Worker Injured by Falling Beam
A New York appellate court ruled that a worker struck by a falling beam should have been granted summary judgment on his Labor Law claim. Case: Fuentes v. YJL Broadway Hotel…
Court Upholds Award of Benefits, Penalties, Attorney Fees to Dialysis Clinic Worker
A Louisiana appellate court upheld an award of benefits, penalties and attorney fees to a dialysis clinic worker for his injuries from an unwitnessed fall. Case: Buckner v. Dialysis Clinics Inc.,…
Employee Who Pursued Civil Remedy Must Repay Second Injury Fund
The Missouri Court of Appeals upheld a determination that an injured worker who elected to pursue a civil suit against his uninsured employer was required to reimburse the Second Injury…
Split Court Upholds Dismissal of Mechanic’s Labor Law Claim
A divided New York appellate court upheld the dismissal of a Labor Law claim by a mechanic who was injured when a flatbed trailer fell on him. Case: Stoneham v. Joseph Barsuk…
Divided Court Upholds Dismissal of Affirmative Defense
A divided New York appellate court upheld the dismissal of a Labor Law defendant’s defense that an injured worker was the sole proximate cause of a ladder accident. Case: Green v. Evergreen…
WCIRB Webinar to Cover CT Claims
The Workers’ Compensation Insurance Rating Bureau will discuss findings from its study of cumulative trauma claims in California during a Jan. 4 webinar. The WCIRB recently published its report on the…
Youth Detention Counselor Not Entitled to Comp Litigation Costs
A Pennsylvania man injured while trying to break up a fight at a state juvenile detention center where he worked is not entitled to reimbursement for workers’ compensation litigation costs,…
Report: CT Claims Tend to Be Income-Replacement Only, Litigated More
Sixty percent of so-called cumulative trauma workers’ compensation claims involve injuries that progress over time and are indemnity-only, thus involving no medical component, according to a report released Thursday by…
DWC Requests Comments on Designated Doctor Rules and Forms
The Texas Division of Workers’ Compensation formally proposed two rules that it said would improve the operation of the designated doctor program. The DWC said the rules concern how the designated…
High Court Upholds Denial of Benefits for Worker With PTSD
The North Dakota Supreme Court upheld a denial of benefits for a worker with development post-traumatic stress disorder after he suffered physical injuries from being crushed by a 2,000-pound trailer. Case: Provins…
Defendants in Civil Suit Fail to Prove Entitlement to Immunity as Statutory Employers
The Missouri Court of Appeals ruled that the defendants in an injured worker’s civil case were not entitled to summary judgment on their claim that they were immune from liability…
Supreme Court Upholds Apportionment of Recovery Between Worker, Lien
The Virginia Supreme Court ruled that a circuit court properly apportioned the funds available under an automobile liability policy between an injured worker and her employer’s lien. Case: Hartford Underwriters Insurance…