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WCIRB Promotes Tony Milano to EVP, Chief Actuary

The Workers’ Compensation Insurance Rating Bureau of California on Thursday announced the promotion of Tony Milano to executive vice president and chief actuary. Tony Milano “Tony’s promotion to our Senior Leadership…




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Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

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…




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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




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Court of Existing Claims Announces Preliminary Review Docket

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…




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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…




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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.




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Court Dismisses Employer's Challenge to Review Board Order

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…




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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…




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Attune Launches EverPeak Insurance on Digital Platform

Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina. Attune said the work comp product caters to small businesses…




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Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




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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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Court Reopens Worker's Claim, Orders Development of Additional Evidence

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…




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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:…




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Doctor May Consider All Relevant Body Parts in Assessing MMI

In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body…




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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 Comments for Routine Rule Review

The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is…




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Federal Court Sends Worker's Jones Act Claim Back to State Level

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…




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Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth

The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina…




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Appeals Court Reverses Order Precluding Worker From Making PPD Claims

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…




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Reviewing Medical Reports (3 of 3)

This one-hour session will focus on reviewing medical reports from a lay-person perspective.




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Medical Information Every Lawyer and Judge Should Know

This four-hour seminar will present the terminology and application of the AMA Guides to common parts of body injured in work related injuries. Many WPI ratings are missed or…




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Annual Spring Rating Event

This program provides expert instruction and advice about rating, permanent disability, impairment and litigation strategies. Instructors will focus on all aspects of rating and prepare everyone involved in the rating…




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Work Comp Matters - Free Weekly Podcast - Episode 30: Substantial Evidence

"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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Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial

Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial. Understand how to Litigate a Workers’ Comp Case, when the primary issue is Permanent Disability. This…




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2018 Annual Spring Rating Event

This program will provide expert instruction and advice about rating, permanent disability, impairment and litigation strategies. The panel of instructors will focus on education that benefits all parties in the…




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Judicial Tips for Litigation Developments - A Day with the Judges

Top Tips for Prepping Your Case for Trial Nailing the Doctor’s deposition Bullet Proving Your Medical Evidence Secrets Everyone Needs to Know About How to Accurately Rate PD WC Litigation Pitfalls and Pratfalls in…




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Rating the Spine: Evaluating Accuracy and Red Flags

Rating the Spine: Evaluating Accuracy and Red Flags…




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Work Comp Matters - Episode 97: Goodbye 2018 - Year in Review

This week on Work Comp Matters, Steve, Mike, Robert & Ted discuss all the events of 2018 that we liked & disliked. An update from John Scalia. Topics…




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2019 Annual Spring Rating Event

This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding…




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AMA Guides Impairment Ratings: Detecting and Managing Bad Evaluations

This program will enhance each student's ability to identify poor quality evaluations and erroneous ratings. Dr. Chris Brigham will provide an insider's perspective and practical guidance.




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Work Comp Matters - Episode 114: Revenge Politics

This week on Work Comp Matters, Steve, Mark Reed, Robert and Mike talk about the Measles and the anti-vaccine, Police use of force, State Compensation Insurance Fund Utilization Review, and…




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Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints

This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of…




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L&I Announces Ergonomic Rule Development

The Washington State Department of Labor and Industries announced that it opened rulemaking for ergonomic regulations that would apply to airline ground crews. State lawmakers in 2023 enacted Senate Bill 5217,…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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Supreme Court to Review Burden of Proof on Modification Petitions

Pennsylvania’s Supreme Court will be weighing in on the proper allocation of the burden of proving the existence of available positions for an injured worker, and the suitability of those…




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Legal Specialization Test Prep - Disability Evaluation and Apportionment

Hon. Clint Feddersen designed this course to prepare experienced workers' compensation attorneys to become California Certified Legal Specialists in Workers' Compensation Law.




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Online 40-Hour CA Medical Bill Review Credential Program

Join Sue Honor, Sue is the former manager of the California DWC Medical Unit. Students who complete all of the coursework will meet the California Department of Insurance requirements laid…




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WorkCompCentral Annual Rating Event

This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding…




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The Case for Evidence-Based Medicine in Managing Workplace Injuries

This presentation aims to explain the concept and importance of evidence-based medicine (EBM) in managing workplace injuries. Troy Prevot, Director of Strategic Solutions from ODG by MCG, will cover how…




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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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BWC Rules Up for Review

The Ohio Bureau of Workers’ Compensation announced that a handful of rules are up for review. The BWC said its claims procedure rules in Chamber 4123-3, as well as the miscellaneous…




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Workplace Safety Regulators Set Training Event

The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




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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:…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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Appeals Court Partially Reverses Employer's Win

A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment…




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Supreme Court Clarifies Statutory Review Process for Comp Cases

The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Gena Cain Davis worked as…