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Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment

The Delaware Superior Court overturned a determination that an injured worker failed to exhaust reasonable conservative measures to treat his knee injury before opting for surgery. Case: Baxter v. Verizon Communications,…




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Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp

The Delaware Superior Court said the Industrial Accident Board did not err when it held that a truck driver was a farmworker and therefore not entitled to workers’ compensation benefits…




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Court Revives Health Care Worker's Claim for Tuberculosis

The Hawaii Court of Appeals revived an injured health care worker’s untimely claim for her tuberculosis infection. Case: Weis v. Pali Momi Medical Center, No. CAAP-19-0000575, 06/04/2024, unpublished. Facts: Teresa L. Weis…




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Court Overturns Denial of University Employee's Claims

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…




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack

The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,…




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Court Rejects Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:…




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Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D.




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Employer Doesn't Waive Subrogation Claim

The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance…




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Legislature Passes Bill to Give Park Rangers 4850 Time

California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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Court Revives Worker's Claims for FEHA Violation, IIED

A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…




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Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims

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…




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WCRI Webinar to Cover Impact of Excessive Heat

The Workers Compensation Research Institute is holding a 30-minute webinar on June 6 to discuss the impact of excessive heat on workplace injuries. WCRI recently released a study measuring the extent…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially…




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Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability

A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in…




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Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…




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Court Revives PTD Application for Mine Worker Struck by Ram Car

The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…




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Worker Not Entitled to Expand Claim, Receive Additional MRI

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…




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DWC Webinar to Cover Presiding Officer Directives

The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer…




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Court Revives Worker's Challenge to Partial Denial of Claim

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…




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DWC Seeks Input on Legislative Recommendations

The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it…




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Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…




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Hearing and Lien Representative Fundamentals

The California non-attorney Hearing Representative and Lien Representative is required to know how to prepare for and litigate a workers’ compensation case or lien claim before a WCAB Judge. This…




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California Legislative, Regulatory, and Angelotti Update

Workers' compensation defense attorney John P. Kamin will recap the highlights from this year's legislative session during this one-hour webinar. Kamin will also bring you up to date on the…




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Cross Examining Medical Professionals & Cumulative Trauma Litigation

"Cross Examining Medical Professionals & Cumulative Trauma Litigation" is an all-day program devoted to legal and medical-legal issues that defense attorneys are confronted with in every day practice.




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Annual Hearing and Lien Representative Training

This program will instruct Hearing Reps and Lien Reps in the fundamentals about a work comp claim - from injury to opening a case, pre-trial issues, mandatory settlement conferences, and…




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Work Comp Matters - Free Weekly Podcast - Episode 26: Live From WCAB Van Nuys

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Hearing and Lien Representative Preparation for 2018

The California non-attorney Hearing Representative and Lien Representative is required to know how to prepare for and litigate a workers' compensation case or lien claim before a WCAB Judge. This…




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Work Comp Matters - Free Weekly Podcast - Episode 64: March for Our Lives

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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2018 Comp Laude®: Research to Action to Research: How Public Policy Research Can Inform Legislative and Market Behavior

Workers' compensation public policy research is thriving. Big data and next generation analytics have created new insights into all corners of the national workers' compensation system. The best research can…




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State Didn't Have Jurisdiction Over Truck Driver's Out-of-State Accident

A New York appellate court ruled that the state workers’ compensation system did not have jurisdiction over a truck driver’s claim based on injuries he sustained in an out-of-state accident…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica…




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Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the…




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Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety

Join WCC + MTI America for an overview of the latest technologies in our space. Panelists will review new apps and technologies and how they are being used to impact…




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Social Responsibility & Workers' Compensation: Containing Costs while Making a Positive Community Impact

This course will discuss implementation and utilization of an alternative return-to-work program that offers modified duty at non-profit organizations. Experienced instructors will illustrate the value of a specialized return-to-work program…




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How to Ensure An IME/PQME is an Effective Tool When Managing a Claim

An Independent Medical Exam (IME) can be an effective tool for claims management, but navigating the timelines and regulations can be challenging, especially in the Golden State. In this…




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Summer 2024 Legislative Outlook in Workers Compensation

Join HIRMA/WorkCompCentral for a one-hour webinar as we explore the Summer 2024 Legislative Outlook in Workers Compensation. This webinar aims to provide participants with a understanding of the legislative changes…




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The Power of Virtual Reality: Immersive Therapeutics for Chronic Back Pain Management

CBP is a prevalent, complex, and expensive condition that carries a significant health economic burden in the US. For Injured Workers who experience persistent pain, the ability to participate in…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




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Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident

An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry…




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Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim

An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its…




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Public University Employee Can't Maintain Tort Suit for Campus Accident

An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of…




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Court Upholds Denial of Benefits for Cumulative Trauma Claim

The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,…




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Court Upholds Award for Worker With Cumulative Trauma Back Injury

The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper…




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Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:…