Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement
The Delaware Superior Court ruled that the attorney for an injured worker was not entitled to demand a fee from a settlement that did not provide a payment to him.
Case:…
Triable Questions Foreclose Summary Judgment
A New York appellate court overturned a grant of summary judgment for a worker on his Labor Law claim, finding triable issues remained as to the circumstances of his alleged…
Court Rejects Constitutional Challenges to New IRE Provisions
The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state’s new impairment rating evaluation scheme but declined to impose costs and fees on him for raising the…
Worker’s Compensable Shoulder Injuries Qualify as Schedule Injuries
The Iowa Court of Appeals upheld a finding that a worker suffered a consequential injury to her left shoulder from overuse after injuring her right shoulder at work and that they…
Court Upholds Denial of Benefits to Truck Driver for Alleged Hip Injury
The North Carolina Court of Appeals upheld a denial of benefits to a truck driver with a history of chronic pain for an alleged hip injury.
Case: Hanson v. Marten Transport…
Defendants in Personal Injury Action Fail to Prove Special Employment Relationship
A New York appellate court ruled that the defendants in a personal injury action failed to establish they were protected by workers’ compensation exclusivity.
Case: Dolores v. Grandpa’s Bus Co. Inc.,…