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Recent changes
Temporary Closure of Severne Point Boat Launch on Seneca Lake
The New York State Department of Environmental Conservation announced the temporary closure of the Severne Point Boat Launch Access Site on Seneca Lake in Yates County, effective immediately. The closure is due to high water levels resulting from recent weather conditions. The site will reopen once water levels subside and any debris is cleared from the area.
Superior Home Specialists workers comp 37% PPD appeal
Superior Home Specialists workers comp 37% PPD appeal
WVNH Emp LLC v. Swisher - Workers' Compensation Attorney's Fees Appeal
The West Virginia Intermediate Court of Appeals reversed the Workers' Compensation Board of Review's order granting claimant Maureen Swisher attorney's fees under W. Va. Code § 23-2C-21(c). The court found the claim administrator's October 2, 2024 declaration of a $509.54 TTD overpayment was unreasonable, but that the Board lacked authority to award fees because the claim administrator had a reasonable factual basis for the decision at the time it was made.
Haulin' Jack Shipping Service v. Jackson - Workers' Compensation Cervical Sprain
The West Virginia Intermediate Court of Appeals affirmed the Workers' Compensation Board of Review's September 4, 2025 order reversing the claim administrator's decision and holding Thomas Jackson's cervical spine ligament sprain compensable following a rear-end collision while employed as a truck driver for Haulin' Jack Shipping Service. The court remanded the case for determination of compensability of cervical radiculopathy and entitlement to temporary total disability benefits.
Crampton v. Express Services - Workers' Compensation Appeal
The West Virginia Intermediate Court of Appeals affirmed the Workers' Compensation Board of Review's order rejecting Jack Crampton's workers' compensation claim against Express Services. The court found no substantial question of law or prejudicial error in the Board's affirmation of the claim administrator's denial, determining that the medical evidence supported non-occupational degenerative conditions rather than a work-related injury.
Marshall County Coal Resources, Inc. v. Shuler - ONS Appeal
The WV Intermediate Court of Appeals affirmed the Workers' Compensation Board of Review's order approving an occipital nerve stimulator for Dan Shuler, a miner-bolter injured when a rock fell on his head, neck, and spine at work. The Court found no substantial question of law in the Board's reversal of the claim administrator's denial. MCCR, the employer, had challenged the medical device authorization on appeal.
Triple H Enterprises, Inc. v. Bryant Reed - Workers' Compensation Appeal
The Intermediate Court of Appeals of West Virginia affirmed the Workers' Compensation Board of Review's reversal of a claim administrator's rejection, finding that laborer Bryant Reed's work-related slip-and-fall injuries were compensable under the state's workers' compensation system. Triple H Enterprises, Inc. had appealed the Board's decision allowing Reed's claim for benefits covering injuries to his hips, legs, and back sustained while carrying a heavy pipe at a work site.
Thomas Health v. Spence - Workers Comp NMES Authorization Appeal
The West Virginia Intermediate Court of Appeals affirmed the Workers' Compensation Board of Review's order reversing the claim administrator's denial of authorization for a neuromuscular electrical stimulator (NMES) for claimant Tina Spence. Thomas Health System, Inc. appealed, arguing the Board erred, but the court found no substantial question of law or prejudicial error. The court affirmed the Board's decision requiring workers' compensation coverage for the NMES device.
Malagodi v. Nice - Appeal Dismissed for Lack of Jurisdiction
The Hawaii Intermediate Court of Appeals dismissed consolidated appeals CAAP-24-0000014 and CAAP-24-0000015 for lack of jurisdiction due to appellants' failure to comply with Hawaii Rules of Appellate Procedure requirements. The underlying case involved a residential property purchase contract dispute where sellers Nice were ordered to execute closing documents or post a $1,826,663.89 supersedeas bond, and subsequently held in contempt for non-compliance.
State v. Aquino-Martinez - Electronic Enticement Conviction Affirmed
The Hawai'i Intermediate Court of Appeals affirmed the conviction of Miguel Alfredo Aquino-Martinez for first-degree electronic enticement of a child, rejecting his claims that law enforcement violated his constitutional privacy rights under the Hawai'i Constitution and Hawaii's Wiretap Act during a sting operation. The appellate court upheld the Circuit Court's denial of Aquino-Martinez's motion to suppress evidence obtained through undercover officers posing as minors online.
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