Blog - Lastest News from Work Comp Staffing Solutions
Worker Who Fell From Scaffold Gets Summary Judgment
A New York appellate court ruled that a trial justice erred in vacating her prior order granting partial summary judgment to an injured worker in a Labor Law claim. Case: Hernandez…
Preexisting Issue With Symptoms Doesn’t Form ‘Combined Condition’
The Oregon Court of Appeals overturned a decision of the Workers' Compensation Board that found a worker’s claim for a back injury was not compensable as a "combined condition." Case: In…
Court Revives Portion of Construction Worker’s Labor Law Claim for Fall
A New York appellate court revived part of a worker’s Labor Law and negligence claims for his alleged injuries from falling at a construction site. Case: Davis v. The Trustees of…
Worker’s Claim for Additional PPD Benefits While Receiving Treatment Was Timely
The Arkansas Court of Appeals overturned a decision by the Worker's Compensation Commission finding the statute of limitations had run with respect to a worker’s claim for additional permanent partial…
PPD Awards Under Old Law Count Toward New Cap
A divided Oklahoma Court of Civil Appeals ruled that an injured worker who received permanent partial disability benefits prior to the effective date of the Administrative Workers’ Compensation Act was…
Court Denies Summary Judgment to Worker in Claim for Scaffold Fall
A New York appellate court ruled that a trial justice denied summary judgment to an allegedly injured worker for an incorrect reason but that the worker failed to establish liability under…
Early COVID Decisions Provide Blueprint for Rebutting Presumption, Attorneys Say
The first two decisions from arbitrators suggest Illinois employers can rebut the presumption that COVID-19 is compensable by providing some concrete evidence of efforts to mitigate spread of the disease,…
No Labor Law Liability for Construction Worker With Back Injury
A New York appellate court ruled that a construction worker’s back injury from lifting a metal structure was not covered by the Labor Law. Case: Branch v. 1908 West Ridge Rd.
Court Upholds Finding of Compensability for School District Employee
The Arkansas Court of Appeals upheld a finding of compensability for a school district employee who injured her back from moving tables. Case: Sheridan School District v. Wise, No. CV-21-188, 11/17/2021, published. Facts:…
Advisory Council Agrees to 18.8% PPD Increase Spread Over Two Years
Wisconsin’s Workers’ Compensation Advisory Council will recommend that lawmakers increase the maximum weekly permanent partial disability payment by a cumulative 18.8% over two years. The council at a Wednesday meeting approved increasing…
DWC Amends Benefit Review Conference Rules
The Texas Division of Workers’ Compensation adopted rules to implement legislation enacted in June allowing the agency to continue holding remote benefit review conferences after pandemic restrictions are lifted. Revised rules…
DWC Announces Judicial Reassignments
The New Jersey Division of Workers’ Compensation announced a series of judicial reassignments with the upcoming retirement of Administrative Supervisory Judge of Compensation Philip Tornettan, effective Jan. 1. Administrative Supervisory Judge Ingrid…