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Top Story: Monday, March 24, 2025
A district court erred in concluding that statutory limitations on underinsured motorist insurance that excludes coverage for benefits available through workers' compensation applied without regard to whether the benefits were available for a specific claimant, the Utah Supreme Court ruled.
"The better reading of the statute, in light of what motivates the statutory schemes, is that by excluding benefits that are 'paid or payable,' the Legislature intended that a… Read more »
A New York appellate court revived a general contractor’s claim against a subcontractor for indemnification from liability to an allegedly injured worker.
Case: Freas v. John W. Danforth Co., No. 134 CA 23-01921, 03/14/2025, published.
Facts: Christopher M. Freas worked for Rochester Davis-Fetch Corp., a subcontractor for a construction project… Read more »
The Commonwealth Court of Pennsylvania vacated a decision of the Workers’ Compensation Appeal Board that reinstated a worker’s total disability status, finding additional proceedings were necessary for a judge to determine whether the worker’s status should be modified.
Case: Del Val Home Improvements v. Gaw (WCAB), No. 1117 C.D. 2022, 03/19/2025,… Read more »News: NORTH
The Missouri Court of Appeals now has a split among its districts, with the Southern District ruling that a prior enhanced permanent partial disability award cannot be used to add weeks of compensation to an otherwise nonqualifying injury to trigger the liability of the Second Injury Fund.
Case: Walton v. Treasurer, No. SD38504, 03/20/2025, published.
Facts:… Read more »
The West Virginia Supreme Court upheld an award of benefits to a lineman after he unsuccessfully attempted to return to duty after suffering an electric shock injury.
Case: Quanta Services Inc. v. Bolling, No. 24-414, 03/19/2025, published.
Facts: Zachary Bolling worked for Quanta Services Inc. as a lineman. He suffered an electric shock injury in March… Read more »The California Division of Occupational Safety and Health fined a construction company $157,500 after a fatal trench collapse.
Joel Olea Gomez, 27, was killed on Aug. 28, 2024, when a portion of the 17-foot-deep trench he was working in collapsed. He was… Read more »
I recently had a chance to review how things are going with the Florida Office of Judges of Compensation Claims. There is a lot of interest in government efficiency.
The governor issued Executive Order 25-44 on Feb. 24, 2025. There are broad requirements and instructions there. Florida's government will emerge more efficient and effective in the… Read more »
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