bl

Bluffs of St. Teresa – Ochlockonee Vista Joins Landscapes

The Bluffs of St. Teresa: hike to an overlook on the Ochlockonee River in this linchpin of the Florida Wildlife Corridor.





bl

Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits

A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years…




bl

Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…




bl

Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

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…




bl

Court Upholds Modification of Worker's Status to Partially Disabled

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…




bl

Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries

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:…




bl

Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries

The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,…




bl

Second Injury Fund Not Liable for Worker's PTD

The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked…




bl

Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of…




bl

Assembly Passes Measure Extending 4850 Time to Park Rangers

The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted…




bl

Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it…




bl

CWCI Publishes Report on Average Benefit Payments

The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years…




bl

Assembly Passes State Licensing Requirement for UR Docs

The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,…




bl

2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert…




bl

DOL Sets Benefit-Assistance Events for Black Lung Disease Cases

The U.S. Department of Labor's federal Black Lung Program has set outreach events for current and former coal miners with disabilities related to black lung disease in Indiana, Illinois and Kentucky. Miners' families and…




bl

Regulatory Preamble Can Support Award of Black Lung Benefits

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…




bl

Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

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.




bl

Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims

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…




bl

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…




bl

Travelers Publishes 2024 Injury Impact Report

The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,…




bl

Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




bl

Court Upholds Denial of Miner's Third Claim for Black Lung Benefits

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…




bl

Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow

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…




bl

Court Rejects Employer's Challenge to Black Lung Award

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,…




bl

9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus

A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC…




bl

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…




bl

Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment

The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute…




bl

Supreme Court Establishes Method for Apportioning Preexisting Impairment

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…




bl

Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…




bl

Employer Loses Challenge to Deadlines for Contesting Black Lung Claims

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,…




bl

Federal Appellate Court Upholds Award of Black Lung Benefits

A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an…




bl

Worker Gets No Referral for Evaluation of Noncompensable Condition

West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:…




bl

Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim

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,…




bl

Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee

The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No.




bl

Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification

The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against…




bl

Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




bl

Avoid the Subpoena: Write a Ratable Psych Report

In this 60-minute webinar, 10 key components of psychological reports that must be internally consistent will be discussed. Each component will be covered in detail and considered in relation to…




bl

Work Comp Matters - Free Weekly Podcast - Episode 37: Blind Ambition

"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…




bl

Work Comp Matters - Free Weekly Podcast - Episode 39: Republicans & Democrats

"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…




bl

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…




bl

Double-Dipping State Trooper Pleads Guilty to Larceny

The Connecticut Division of Criminal Justice announced that a former state trooper who operated a silk-screening business while receiving temporary disability benefits pleaded guilty to two counts of larceny. Kevin Moore,…




bl

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…




bl

WCA Seeks Public Comment on Judicial Reappointment

The New Mexico Workers’ Compensation Administration is seeking public comment regarding the reappointment of Judge Ned Fuller to a five-year term. Ned S. Fuller Gov. Michelle Lujan Grisham appointed Fuller, the…




bl

WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




bl

Employer Partially Liable for Disability Can Claim Full Social Security Offset

The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was…




bl

Bill Proposes Comp Coverage for Public School Teachers

The first bill filed ahead of the 2025 legislative session would provide workers’ compensation benefits to Alabama’s public school teachers. Senate Bill 1, by Sen. Sam Givhan, R-Huntsville, would create the…




bl

Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award

A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung…




bl

BWC Reopens Safety Grant Programs; $35M Available

The Ohio Bureau of Workers’ Compensation on Monday said it reopened its safety grant program and that $35 million will be available to help employers purchase equipment to protect their…




bl

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…