IA - Worker's Estate Fails to Establish Viable Civil Suit Against Co-Employee
12/20/2024 | 0
The Iowa Court of Appeals ruled that the estate of a worker killed in an assembly line accident failed to establish a viable gross negligence claim against a co-employee.
John Lavery worked for a small-motor manufacturer and operated a hydraulic test stand.
The test stand injects pressurized oil through a small motor to test it as it comes off the production line. The operating employee puts the motor into the stand and connects hoses to inject the oil. The employee then lowers a hood to enclose the motor.
A new employee allegedly heard one of the test stands make a loud snap...
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A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his fall from a ladder.
Case: Llach v. L.I.C.C. Realty Co., No. 153389/18, 11/26/2024, published.
Facts: Ignacio Llach allegedly suffered injuries while working on a construction project at a property owned by L.I.C.C. Realty Co.
Llach testified that his supervisor instructed him to install a damper into a ceiling hole and to do it quickly because of an imminent building inspection.
Llach said he looked in various places for a ladder suitable to the task at hand, but all he ...
West Virginia’s Intermediate Court of Appeals upheld an award of benefits to a diesel mechanic for a back injury.
Case: Penske v. Hughey, No. 24-ICA-231, 12/06/2024, published.
Facts: James Hughey worked for Penske as a diesel mechanic. He allegedly suffered injuries at work in August 2021.
According to Hughey, he was using a pry bar to change a tire when the pry bar slipped, causing him to fall forward onto his hands and knees.
Hughey went to the hospital two days later. He reported that he hurt his lower back while using a wrench to work on a tractor-trailer.
Hughey underwent a ma...
The Arkansas Court of Appeals upheld a denial of additional temporary total disability benefits for a worker’s back injury.
Case: Perez v. Southern Tire Mart LLC, No. CV-23-689, 12/11/2024, published.
Facts and procedural history: Jose Perez worked for Southern Tire Mart LLC. He injured his back at work in October 2017.
X-rays showed no fracture or subluxation. A magnetic resonance imaging scan revealed a muscle strain.
Perez was cleared to return to work with restrictions in November 2017, and he continued to receive treatment for his back pain.
In July 2018, Dr. Car...
Contact:
Diane Guevarra
diane@DGCattorneys.com
California Workers Compensation Defense Firm | Dietz Gilmor & Chazen
...
One of the best things a party can do in the workers’ compensation system is to reach an agreement to settle via compromise and release because it typically resolves liability for future medical care.
Other than litigation and trial, there are two main avenues in which a claim can settle:
A stipulated award, which leaves future medical care open.
A compromise and release, which resolves future medical care.
This article will only focus on tips for drafting a C&R.
What is a C&R?
In a nutshell, it is a settlement that allows the claims adjuster/insured to give a lump-s...
Texas lawmakers introduced a bill that would expand the number of police, firefighters and emergency medical technicians who qualify for a presumption that post-traumatic stress disorder is a compensable injury.
The PTSD presumption lawmakers created in 2017 applied to peace officers, emergency medical technicians and firefighters employed by a political subdivision of the state.
Rep. Terry Canales, D-Edinburg, introduced House Bill 1667 on Wednesday. It would expand the presumption to first responders working for the state as well as its political subdivisions.
The bill would als...
The Louisiana Workers' Compensation Corp. announced that it is acquiring North Carolina-based work comp carrier Prescient National.
"The acquisition brings together two top-performing workers’ compensation companies with a shared commitment to stakeholders and a culture of excellence," the Louisiana Workers' Compensation Corp. said in a statement. "In addition to providing for the diversification of LWCC’s investment portfolio, LWCC expects the two companies to learn from and leverage the other’s strengths for their mutual benefit."
Prescient Nat...
The Minnesota Commission on Judicial Selection recommended two candidates for Gov. Tim Walz to consider for filling an upcoming vacancy on the Workers’ Compensation Court of Appeals.
The commission nominated Janis Douglass and Sean Quinn for the vacancy opening in January.
Douglass is a compensation attorney principal at the Minnesota Workers’ Compensation Court of Appeals, where she assists in the resolution of workers’ compensation appeals. She also serves as a deputy court administrator, managing day-to-day court operations.
Quinn is a judge on the Minnesota Workers...
The Texas Division of Workers’ Compensation approved the 2025 Medical Quality Review Annual Audit Plan.
The annual plan establishes priorities for the Medical Quality Review Panel audits and identifies the scope, methodology and selection criteria for the audits.
The panel will conduct one audit to evaluate the quality of designated doctor reports and the necessity of additional testing or referrals ordered by designated doctors to resolve disputes.
The panel will also assist with the Health Care Provider Performance Based Oversight 2025 Assessment to evaluate documentation submitted ...
The Pennsylvania Supreme Court will weigh in on the notice that a worker must give for his injury, but it will not address whether a self-insured government entity is prohibited from subrogating aHeart and Lung Benefits Act award from a third-party settlement.
The Supreme Court has granted review of Erie Insurance Property & Casualty Co. v. Heater (WCAB) and said the issue is whether a sole proprietor satisfied his statutory obligation to report an injury within 120 days when he reported the injury only to himself as his own employer.
David Heater tripped over a shove...
A New York appellate court upheld an award of death benefits for a cancer-stricken man following his work in the rescue and recovery operations at the World Trade Center in the wake of the terrorist attacks of Sept. 11, 2001.
Case: Matter of Lamont v. Superior Ambulance Service Inc., No. CV-23-0874, 11/21/2024, published.
Facts and procedural history: Thomas Lamont participated in the World Trade Center rescue, recovery and cleanup operations following the terrorist attacks on Sept. 11, 2001.
In 2017, Lamont was diagnosed with rectal cancer. He filed a workers’ compensation claim...
The Arkansas Court of Appeals upheld a finding that a worker’s atrial fibrillation was related to his compensable COVID-19 infection but that he was not entitled to a permanent impairment rating.
Case: Booneville Human Development Center v. Foster, No. CV-23-750, 12/11/2024, published.
Facts: Jimmy Foster worked for Booneville Human Development Center. He contracted COVID-19 in July 2020, and BHDC accepted his illness as compensable.
In December 2020, Foster was diagnosed with right carpal tunnel syndrome and mild nonlocalizing ulnar neuropathy.
In February 2021, Foster was diagnosed...
West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of her claim.
Case: Breeden-Adkins v. Insperity Services LP, No. 24-ICA-230, 12/06/2024, published.
Facts and procedural history: Susan Breeden-Adkins worked for Insperity Services LP. An animal knocked her off balance while she was leaving a client’s residence, causing her to fall.
A claims adjuster for Insperity’s insurance carrier accepted liability for a neck strain and concussion.
Dr. Joseph Grady II examined Breeden-Adkins in February 2020. He opined that she was n...
The California Division of Occupational Safety and Health fined an animal shelter in San Pedro $563,250 after a worker was mauled in May.
The agency commonly known as Cal/OSHA said Harbor Animal Services Center failed to evaluate and correct overcrowding, which resulted in animal attacks and bites on workers. Cal/OSHA said significant safety and training lapses put employees of Harbor Animal Services Center at risk of serious injury.
Cal/OSHA cited Los Angeles City Animal Services, operating as Harbor Animal Services Center, for six violations, including one general, two willful serious ...
NATL. - WCRI: Workplace Heat-Related Illnesses Rise Dramatically at 90-Degree Point
Workplace heat-related illnesses increase by at least sevenfold on days when temperatures exceed 90 degrees, compared with days with temperatures between 75 and 80, according to research published Wednesday by the Workers Compensation Research Institute.
Waltham, Massachusetts-based WCRI used 2013 to 2022 workers' compensation claim data from insurers, state funds and self-insured employers across 31 states, accounting for 80% of U.S. workers' compensation benefits. The database provided comprehensive claims data, including injury dates and locations, while temperature data were used ...
Insurance Commissioner Ricardo Lara on Wednesday reappointed Richard de la Mora, Jennifer Schnittjer and Deepika Srivastava to the board of governors for the California Insurance Guarantee Association.
De La Mora is senior vice president and counsel and head of personal lines at Farmers Group Inc., where he is responsible for legal and regulatory oversight of all Farmers’ products throughout the U.S.
He has also served on the Farmers Enterprise Diversity and Inclusion Council and as executive sponsor of the SOMOS Employee Resource Group.
De La Mora was reappointed t...
