A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis…
The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at…
A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…
The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit…
A federal appellate court ruled that the former attorney for a claimant seeking benefits under the Longshore and Harbor Workers’ Compensation Act could not seek an award of fees after…
A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal…
The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying…
The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still…
The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a…
The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure…
A divided West Virginia Supreme Court upheld the closure of a worker’s claim for temporary total disability benefits and the denial of his request to expand the scope of his…
The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for…
A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,…
West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No.
The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…
The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…
The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…
The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s request to expand her claim to include additional conditions. Case: Amane v. Pas Parent Inc., No. 23-109, 08/01/2024,…
The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for…
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim and for authorization for a magnetic resonance imaging scan. Case: Hill v. Lowe's Home…
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice…
West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his…
West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No.
The West Virginia Supreme Court upheld the denial of a worker’s occupational pneumoconiosis claim. Case: Lewis v. Columbia West Virginia Corp., No. 23-616, 09/23/2024, published. Facts: Jackie W. Lewis Sr. worked for…
The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,…
The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins…
West Virginia’s Intermediate Court of Appeals upheld the denial of a school worker’s claim of injury from a child tapping her on the head. Case: Hill v. Wyoming County Board of…
A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…
A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident…
A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…
A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…
A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates…
A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit…
The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…
A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the…
A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…
A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…
A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…
A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker…
The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…
The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of…
The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…
A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability…
The Washington Court of Appeals upheld a decision closing a worker’s claim and denying her further treatment. Case: Creighton v. United Airlines Inc., No. 58293-7-II, 08/27/2024, unpublished. Facts: Tamra Creighton worked for…
Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical…
The Vermont Supreme Court upheld the summary dismissal of a worker’s claim for benefits for an out-of-state injury. Ian Burnett worked for Home Improvement Co. of Vermont. HIC is a Vermont…
The claims professional is the decision maker with respect to compensability of any claimed injury, and with respect to the benefits that are to be voluntarily paid. These decisions will…
This is a test-only course for the 120-Hour California Claims Adjuster Credential. All adjusters who complete the This is a test-only course for the 120-Hour California Claims Adjuster Credential program,…
Presented in Partnership with Adelson, Testan, Brundo, Novell & Jimenez. Discussion will include: - Judicial Litigation Tips (Death Benefits, Penalties, Sanctions, Other Remedies) - Ethics - Claims Handling - Subrogation - Settlements - Arbitration -…
This program will educate attorneys and claims adjusters on the various methods for assessing the credibility of psychiatric injury claims. Attorneys will gain a better understanding of psychological testing and…