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IL - Traveling Employee Gets Award for Injuries From Fall Down Stairs at Office

04/10/2024 | 0

The Illinois Appellate Court ruled that a municipal worker was a traveling employee and entitled to benefits for his injuries from falling down stairs as he was leaving his office. Michael Iniquez worked for the Town of Cicero as a blight inspector. According to Iniquez, he normally began his workday at Cicero’s Town Hall. He would enter the building using a key card, then use the south stairwell to ascend to the second floor to his office. Iniquez would retrieve his work phone and download his assignments for the day from Cicero’s computer. To leave, he ... Read More

LA - Split Court Overturns Award to Field Surveyor for COVID-19 Infection

04/10/2024 | 0

A divided Louisiana appellate court overturned a finding that an oil field surveyor was entitled to benefits on his occupational disease claim based on his contraction of COVID-19 while working out of state. Case: Kibodeaux v. Jan’s Construction Co. Inc., No. 23-454, 04/03/2024, published. Facts: Jacob Kibodeaux worked as a surveyor for Jan’s Construction Co. Inc. Although Kibodeaux was hired in Louisiana, he was required to travel out of state to various oil fields and was on call 24 hours per day. In September 2021, Jan’s sent Kibodeaux to a job in Kilgore, Texas. A... Read More

NY - Labor Law Defendant Not Entitled to Renew Motion for Summary Judgment

04/10/2024 | 0

A New York appellate court ruled that a Labor Law defendant was not entitled to renew its motion for summary judgment based on new evidence it provided. Case: Solis v. 340 W. 12 Realty LLC, No. 150430/17, 04/04/2024, published. Facts: Todd Cohen, a real estate developer, is the managing member of 340 W. 12 Realty LLC. The company acquired a two-family residential property that it converted into a one-family property. Jose Ronaldo Solis suffered injuries while working on demolition at the site. Procedural history: Solis filed suit against 340 W. 12 Realty, asserting claims for violations of... Read More

NY - Court Denies Summary Judgment to Worker for Trip-and-Fall Claim

04/10/2024 | 0

A New York appellate court upheld a denial of a worker’s motion for summary judgment on his Labor Law claim for a trip-and-fall accident. Case: Ragoo v. Port Authority of New York and New Jersey, No. 151221/17, 595905/18, 04/04/2024, published. Facts: Lochan Ragoo allegedly suffered injuries when tripped and fell on debris as he was traversing a passageway to speak with a truck driver about a concrete delivery. According to a supervisor, Ragoo had not been specifically instructed to stay out of the area where he fell, but subcontractors were given a specific route to fo... Read More

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Press - Centre for Neuro Skills Study Finds Differences in Sleep Patterns Between Men and Women with Post-Traumatic Brain Injury

03/05/2024 | 0

Centre for Neuro Skills Study Finds Differences in Sleep Patterns Between Men and Women with Post-Traumatic Brain Injury Incidental finding indicates Melatonin helps post-acute TBI patients achieve longer REM sleep   Bakersfield, Calif. (Mar. 5) – Centre for Neuro Skills?(CNS), a premier provider of traumatic and acquired brain injury rehabilitation services, has shared findings from a study researching sleep-wake disturbances, published in Neurotrauma Reports on January 3, 2024. They found that sleep deficits are correlated with poorer brain injury patient outcomes (verbal ... Read More

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CA - Snyder: Litigation Guidelines Should Define Four Settlement Triggers

By Teddy Snyder
04/10/2024 | 0

Civil litigators tend to observe certain guideposts as mediation triggers, such as the closing of discovery, setting of a trial date, or an order from the court to use mediation.  Because about 95% of civil cases settle before trial, mediation is the norm for almost every area of civil litigation. In contrast, many California workers' compensation attorneys don’t mediate their cases and are pretty unfamiliar with mediation. Moreover, because a workers' compensation case can last literally for the life of the claimant, some practitioners feel no urgency to settle, e... Read More

NY - Business Owner Accused of $236,515 Premium Fraud Scheme

04/10/2024 | 0

The Nassau County District Attorney’s Office charged a contractor with fraud for allegedly underreporting payroll to reduce his workers’ compensation premiums by $236,515. Vasillios Handakas, 60, allegedly reported employing two masons with an annual payroll of $50,000 when securing work comp coverage from March 2019 to March 2020. The DA’s office said Handakas actually had 13 employees and $625,466 in payroll during that period. The alleged underreporting resulted in an underpayment of insurance premiums by $197,623. In March 2020, Handakas allegedly purchased another pol... Read More

CA - Senate Committee Hears Comp Bills Today

04/10/2024 | 0

Members of the California Senate Labor, Public Employment and Retirement Committee are scheduled to hear testimony today on bills that would create a presumption that heat-related injuries are compensable for farmworkers and would authorize temporary disability benefits when people miss work for medical treatment or when a treatment denial is successfully appealed. Senate Bill 1346, by Sen. Maria Elena Durazo, D-Los Angeles, resurrects an idea from last year to provide injured workers with temporary disability benefits if independent medical review overturns the utilization review denial of a... Read More

OH - Worker Gets Writ for Reconsideration of Job Offer Adequacy

04/09/2024 | 0

An Ohio appellate court ruled that a worker was entitled to a limited writ of mandamus compelling the Industrial Commission to reconsider whether an employer offered an appropriate modified position to him. Jay C. Emmer-Lovell worked for Group Management Services Inc. He injured his knee at work in April 2019 and began collecting temporary total disability benefits. Dr. Albert Dunn cleared Emmer-Lovell to return to sedentary work in July 2021. GMS then sent him an offer of a modified job by private carrier service, which reflected delivery on July 28, 2021. GMS also sent the job offer by cer... Read More

VA - Retail Worker With History of Back Issues Fails to Prove Compensable Injury

04/09/2024 | 0

The Virginia Court of Appeals upheld a determination that a Wal-Mart worker with a history of back problems had not established a compensable injury from stocking shelves. Case: Davis v. Wal-Mart Associates Inc., No. 0503-23-3, 04/02/2024, published. Facts: Jeremie Davis began working for Wal-Mart Associates Inc. in 2021. At the time, he already had a long history of back problems and had undergone three back surgeries by Dr. Joseph Orchowski. On May 5, 2022, Davis reported a sharp pain in his lower back while he was stocking shelves at work. He went to the hospital and underwent X-rays. Th... Read More

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Press - Floyd Skeren Manukian Langevin announces George Krikes joins the Firm

03/12/2024 | 0

Floyd Skeren Manukian Langevin, LLP is pleased to announce George A. Krikes has joined our Firm. Mr. Krikes joins us with over 42 years of workers' compensation experience throughout California, and is a perfect fit as we continue to serve large numbers of entities and companies. His extensive expertise, technical knowledge, managerial skills and formidable relationships forged over his impressive career, ideally suit him as he enters his role in the continued success and growth of our Firm. George Krikes will be working in our Complex Litigation and Special Projects Unit, based out o... Read More

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NY - Court Sends Case Back to Board to Again Consider Merits of Claim

04/09/2024 | 0

A New York appellate court sent a case back to the Workers’ Compensation Board for the second time, directing it to address the merits of the case as it had been instructed to do on the previous remittal. Case: Matter of Cala v. PAL Environmental Safety Corp., No. 536164, 04/04/2024, published. Facts and procedural history: Ryszard Cala worked for PAL Environmental Safety Corp. as an asbestos handler. He filed a workers’ compensation claim alleging that he sustained binaural hearing loss as a result of prolonged exposure to loud noises in his employment. PAL contested the cl... Read More

NY - Defendant Not Served Notice of Claim Gets Summary Dismissal of Suit

04/09/2024 | 0

A New York appellate court upheld a grant of summary judgment to a Labor Law defendant, finding it had not been timely served with the worker’s notice of claim. Case: Sosnicki v. New York City School Construction Authority, No. 2020-04031, 04/03/2024, published. Facts: In November 2015, Marian Sosnicki allegedly tripped and fell while climbing down from scaffolding on the roof of a public school in Brooklyn, injuring his shoulder. Procedural history: In April 2016, Sosnicki filed a motion seeking permission to serve a late notice of claim on the New York City School Construction Autho... Read More

TX - DWC Seeks Comments on Rules

04/09/2024 | 0

The Texas Division of Workers’ Compensation is reviewing claim procedures for injured workers, employers and carriers. The division announced that it is reviewing all sections of Chapter 120, “Compensation Procedures — Employers;” Chapter 122, “Compensation Procedures — Claimants;” and Chapter 124, “Insurance Carriers: Notices, Payments and Reporting.” The division said it will accept public comments on whether the reasons for initially adopting the rules continue to exist and whether they should be repealed, readopted or readopted w... Read More

CA - WCIRB Actuarial Committee Meets Thursday

04/09/2024 | 0

The Workers’ Compensation Insurance Rating Bureau Actuarial Committee is holding a virtual meeting Thursday. Committee members will discuss issues relating to loss adjustment expense and alternative loss projection methodologies relating to the upcoming Sept. 1 pure premium rate filing. The committee will also review medical severity trends, the impact of economic conditions on pure premium rates, the impact of 2021 fee schedule changes and insurer experience for 2023. The WCIRB Actuarial Committee is meeting virtually at 9:30 a.m. A copy of the agenda, which includes a link to regis... Read More

CO - DWC Proposes Updating Life Expectancy Table

04/09/2024 | 0

The Colorado Division of Workers’ Compensation is proposing to update its life expectancy table. The division proposed rules that would increase the overall life expectancy to 84.6 years from 82.4 years. At the same time, the division is proposing to expand the number of life expectancy projections included on its table. Currently, the division’s rules project life expectancy for people up to the age of 111. The proposed rules would increase that to cover projected life expectancy for anyone 120 or older. The division said it is holding a public hearing at 2 p.m. May 7 to take ... Read More

MS - Worker's Suit Against Employer for Exposing Him to Dog Attack Tossed as Untimely

04/08/2024 | 0

The Mississippi Court of Appeals upheld the dismissal of a utility company worker's civil suit against his employer, finding he waited too long to assert that he was deliberately given an assignment “below his pay grade” that exposed him to a dog attack. Shawn Pettis worked for the Northeast Mississippi Electric Power Association for more than a decade. He allegedly was “vocal about conditions of his employment,” including issues of racial discrimination. Pettis claimed that NEMEPA "took actions to demean and harm [him]," in... Read More

OH - Court Overturns Award of Fees to Former Counsel for Injured Worker

04/08/2024 | 0

An Ohio appellate court overturned an award of attorney fees to the firm that had previously represented an injured worker, finding it failed to provide evidence supporting the Industrial Commission’s calculation of reasonable compensation for its services. Case: State ex rel. Foulkrod v. Industrial Commission, No. 23AP-52, 03/29/2024, published. Facts: Lynn Foulkrod sustained injuries on March 3, 2004, when she tripped on an open filing cabinet drawer while working for the law firm of Novak, Robenalt & Deliberto as a litigation paralegal. The Bureau of Workers’ Compens... Read More