rd Court Upholds Award for Assembly Line Worker With Neck, Finger Injuries By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Nebraska Court of Appeals upheld an award of benefits to an assembly line worker for her neck and finger injuries. Case: Mendoza v. Honeywell American Meter Co., No. 23-807, 05/28/2024,… Full Article
rd Supreme Court Upholds Award for Housekeeper's Respiratory Injury By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Nebraska Supreme Court upheld an award of benefits to a housekeeper for a respiratory injury brought on by wearing a used face mask during the COVID-19 pandemic. Case: Prinz v. Full Article
rd Grain Operator Fined $536,965 for Combustible Dust Hazards By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 Federal workplace safety inspectors fined a grain operator in Nebraska $536,965 for exposing workers to fire and explosion risks by allowing combustible dust to accumulate. U.S. Occupational Safety and Health Administration… Full Article
rd Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 Hawaii’s Intermediate Court of Appeals overturned the denial of a worker’s claim for permanent partial disability benefits, finding that the Labor and Industrial Relations Appeals Board imposed the wrong standard… Full Article
rd Court Rejects Worker's Bid for Increase in PPD Award By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 Hawaii’s Intermediate Court of Appeals upheld an award of permanent partial disability benefits for a worker’s knee injuries. Case: Noborikawa v. Host International Inc., No. CAAP-20-0000172, 09/20/2024, unpublished. Facts: Carrie N. Noborikawa… Full Article
rd 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 Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished.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
rd Roofing Material Supplier Fined $92,226 for Fall Hazards By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The Oregon Occupational Safety and Health Division fined a building materials supplier $92,226 for repeatedly failing to protect workers from potential fall hazards that it said could seriously injure or… Full Article
rd Court Upholds Denial of Benefits for Worker Injured in 'Arduous Trek' to Office By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Indiana Court of Appeals upheld a denial of benefits for a university employee with significant preexisting health problems for her alleged injuries from walking to her workplace. Case: Ostrowski v. Full Article
rd Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No. Full Article
rd Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:… Full Article
rd Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The… Full Article
rd Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
rd Kids' Chance Awards $225,115 in Scholarships By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Kids’ Chance of California awarded $225,115 in scholarships to 42 students for the upcoming academic year. The nonprofit organization that provides scholarships to children of those who were seriously injured or killed… Full Article
rd 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
rd Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or… Full Article
rd 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
rd 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
rd DWC Posts 2025 Profile Audit Standards By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 The California Division of Workers' Compensation announced standards it will use for profile audit review of adjusting locations next year. The DWC said the PAR performance standard for 2025 audits is… Full Article
rd Comp Settlement Doesn't Preclude Civil Suit Against Third Parties By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors… Full Article
rd DOL Updates Hazard Communication Standard By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The U.S. Department of Labor on Tuesday said it adopted a new rule updating its hazard communication standard that takes effect July 19. The revised rule requires labels on small packages… Full Article
rd Regulatory Preamble Can Support Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran… Full Article
rd IAIABC Announces NextGen Award Winners By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 The International Association of Industrial Accident Boards and Commissions announced the recipients of its NextGen Award recognizing young professionals who are having a positive effect on their organizations and the… Full Article
rd Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No. Full Article
rd 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
rd Court Dismisses Employer's Challenge to Review Board Order By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under… Full Article
rd Court Upholds Denial of Miner's Third Claim for Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 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… Full Article
rd Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
rd 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
rd CompIQ, Bardavon Launch Automated Referral Process By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with… Full Article
rd DOL Awards $12.7M in Workplace Safety Grants By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. Labor Department on Thursday announced that it awarded $12.7 million to 102 nonprofits throughout the country to pay for educational and training initiatives aimed at improving workplace safety. Funds… Full Article
rd Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
rd NCCI: Medical Inflation Softens in 3rd Quarter By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening… Full Article
rd Court Tosses Appeal of Stay Order as Moot By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v. Full Article
rd Senators Float Classifying Substance Abuse as Occupational Hazard By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if… Full Article
rd Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102 By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 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… Full Article
rd Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Virginia Court of Appeals upheld benefit awards of closed periods for an injured paramedic, finding that she failed to prove her entitlement to additional compensation. Case: Martinka v. PHI Group Inc.,… Full Article
rd Court Upholds Award for Postinjury Mental Health Treatment By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina… Full Article
rd 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
rd Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked… Full Article
rd Coal Miner Gets Increased Award Despite Improved Condition After Lung Transplant By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone… Full Article
rd Board Applies Wrong Compensability Standard to Asbestos Claim By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 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… Full Article
rd Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled… Full Article
rd Supreme Court Upholds Award for Worker's Radiation Exposure, Cancer By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott… Full Article
rd 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
rd Supreme Court Upholds Award to Worker for Electric Shock Injury By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for… Full Article
rd Split Supreme Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered… Full Article
rd Supreme Court Upholds PPD Award for Worker With Ankle Injury By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,… Full Article
rd Worker Struck by Forklift Gets Additional PPD Award By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. Full Article
rd Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
rd 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