rn Court Overturns Summary Judgment for Labor Law Defendants on Indemnification Claims By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 A New York appellate court ruled that some defendants in a Labor Law action were not entitled to summary judgment on their indemnification claims against an injured plaintiff’s employer. Case: Lamarr v. Full Article
rn Worker's Claim for Attorney Fees Moot By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an injured worker’s claim for fees for the work her attorney did in securing benefits she was owed under the Longshore and… Full Article
rn Court Overturns Denial of Hotel Housekeeper's Claim for Knee Injury By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The New Mexico Court of Appeals overturned the denial of a hotel housekeeper’s claim for a knee injury. Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished. Facts: Irene Moorhead worked… Full Article
rn Governor Reappoints Sonya Carrasco-Trujillo as Work Comp Judge By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 New Mexico Gov. Michelle Lujan Grisham reappointed Sonya Carrasco-Trujillo to a five-year term as a judge for the Workers’ Compensation Administration. Carrasco-Trujillo was initially appointed to a one-year term in June… Full Article
rn Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Delaware Superior Court ruled that the attorney for an injured worker was not entitled to demand a fee from a settlement that did not provide a payment to him. Case:… Full Article
rn Governor Signs Bill Allowing Commissioner to Adopt Criteria for Safety Program Discount By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 Delaware Gov. John Carney signed a bill allowing the insurance commissioner to adopt criteria for employers to qualify for a workplace safety program that aims to provide lower workers’ compensation… Full Article
rn Court Upholds Finding on Compensability for Knee Injury, Overturns PTD Award By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 The Nebraska Court of Appeals upheld a finding of compensability for a worker’s knee injury, but overturned the award of permanent total disability benefits as unsupported by adequate factual findings. Case:… Full Article
rn Casual Employment Threshold, TD Benefit and Attorney Fees to Increase By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is… Full Article
rn Court Overturns Jury's $10 Million Verdict to Worker's Widow By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The Oregon Court of Appeals overturned a jury’s $10 million verdict in favor of a worker’s widow for his asbestos exposures. Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished. Facts… Full Article
rn Court Overturns Denial of University Employee's Claims By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk… Full Article
rn High Court Suspends Attorney for Nine Months By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been… Full Article
rn High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,… Full Article
rn High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her… Full Article
rn Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager. Full Article
rn Multifaceted Comp Bill Heads to Governor By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Illinois General Assembly sent the governor a recently amended bill including provisions that would increase surcharges by 8% and charge the state attorney general with collecting unpaid penalties for… Full Article
rn Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:… Full Article
rn Governor Announces Arbitrator Reappointments By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 Gov. J.B. Pritzker on Monday announced several arbitrator reappointments to the Illinois Workers' Compensation Commission. The reappointed arbitrators are: Joseph Amarilio. Crystal Caison. Paul Cellini. Ana Vazquez Diaz. Gerald Granada. Jessica Hegarty. Adam Hinrichs. Jeffrey Huebsch. Nina Mariano. Maureen Pulia. Pritzker has also appointed… Full Article
rn Governor Appoints Magda Derisma-Oyewole as Arbitrator By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 Illinois Gov. J.B. Pritzker on Monday appointed Magda Derisma-Oyewole as an arbitrator for the state Workers’ Compensation Commission. Magda Derisma-Oyewole Derisma-Oyewole has been a practicing attorney since 2015 and focused on… Full Article
rn Comp Attorney James Keefe Sr. Dies at 68 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said… Full Article
rn Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City… Full Article
rn Pension Offset Not Available When Retiree Gets Hurt After Returning to Work By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an… Full Article
rn Goldberg Segalla Adds Attorney in Philadelphia By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and… Full Article
rn Direct Deposit, PTSD Measures Head to Governor By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits… Full Article
rn Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as… Full Article
rn Bill to Mandate In-State Licensing for UR Docs Returns By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 A bill that would require some doctors performing utilization review to be licensed in the state was brought back to life after spending roughly a year on the California Assembly’s… Full Article
rn Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended… Full Article
rn WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former… Full Article
rn DWC Reopens San Bernardino District Office By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The… Full Article
rn WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual… Full Article
rn Governor Signs Electronic Signature Bill By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill allowing electronic signatures in the state’s workers’ compensation system. Newsom on Sunday signed AB 2337, by Assemblymember Diane Dixon, R-Newport Beach. As introduced, the… Full Article
rn Governor Signs Bill to Delay Comp Mandate for Contractors By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a… Full Article
rn Governor Vetoes 4850 Time for Rangers By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of… Full Article
rn Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill… Full Article
rn Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard… Full Article
rn Governor Approves Legacy Court, Mental Health Bills By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on… Full Article
rn Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 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… Full Article
rn Attorney Can't Seek Fees After Client Settles LHWCA Claim By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 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… Full Article
rn DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk… Full Article
rn DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver… Full Article
rn Rail Company Owes $453,510 to Workers Fired Over Safety Concerns By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A federal judge ordered CSX Transportation Inc. to pay $453,510 to two railroad workers who were fired after raising workplace safety concerns in 2017. The judge also ordered the company to… Full Article
rn Goldberg Segalla Adds Attorneys in Philadelphia, Baltimore By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of new attorneys to its workers' compensation defense offices in Philadelphia and Baltimore. Beteley T. Mulatu The firm added Angelina Nordeman to its work comp practice… Full Article
rn Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v. Full Article
rn Supreme Court Suspends Attorney Who Mishandled Comp Cases By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court… Full Article
rn Court Overturns Award for Second of Identical Injuries By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela… Full Article
rn Supreme Court Overturns PPD Award on Deficiencies in Apportionment Opinion By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed… Full Article
rn Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
rn Labor Department Hiring Attorney By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff… Full Article
rn Governor Approves Benefit Increase By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on… Full Article
rn Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
rn OSHA Fines Furniture Maker Following Serious Injury By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration… Full Article