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DOL Session to Discuss Benefits for Nuclear Weapons Workers

The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and…




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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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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…




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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 Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished.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…




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Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right

The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to…




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Court Upholds Finding That City Can Offset Benefits for Former Fire Chief

The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and…




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No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall

The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:…




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Court Upholds Denial of Benefits for Worker Injured in Fall

The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community…




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Independent Contractor Can't Get Benefits for Injuries

The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante…




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Worker Gets Benefits for Shoulder Injury From Slip and Fall

The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund…




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Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car

The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist…




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No Death Benefits for Widow in Asbestos Exposure Claim

The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure…




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No Additional Treatment, Benefits for Injured Mine Worker

The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No.




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Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation

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…




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No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…




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No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury

The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:…




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Supreme Court Upholds Denial of Worker's Request for Additional Benefits, Expansion of Claim

The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…




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Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits

The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,…




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Supreme Court Upholds Denial of PTD Benefits

The West Virginia Supreme Court upheld a denial of permanent partial disability benefits to an injured worker. Case: Underwood v. West Virginia Department of Health and Human Resources, No. 23-118, 08/01/2024,…




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No Benefits for Widow of Man Who Had Occupational Pneumoconiosis

West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received…




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Widow of Worker With Leukemia Gets Award of Death Benefits

West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc.




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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…




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Supreme Court Upholds Award of Occupational Disease Death Benefits

The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A.




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Supreme Court Denies Benefits for Hospital Worker's COVID-19 Infection

The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a…




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Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure

The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v.




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Governor Approves Benefit Increase

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…




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ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits

The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific…




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Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits

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…




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No Benefits for Worker's Motorcycle Death

A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel…




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Comp Division Proposes Changes to Pharmacy Benefit Rules

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…




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Benefits Increase 3.8% Oct. 1

Benefits are increasing by about 3.8% for injuries sustained on or after Oct. 1, according to information that the Texas Division of Workers’ Compensation posted on its website. The maximum temporary…




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DWC Proposes Rule to Verify Benefit Recipient Information

The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. 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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L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits

A man who allegedly started a metal fabrication shop just weeks after suffering a workplace injury was charged with felony theft for allegedly stealing about $340,000 in indemnity benefits, the…




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Workers' Compensation Basics, History, Terms, Benefits, SJDB

The Claims Specialist's Start Guide: CA Adjuster Cert Process, Historical Overview, Organizational Structure of WC System, WC Terms and Concepts, Basic Benefits & TD and SJDB Vouchers.




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Improving Benefit Adequacy for On-the-Job Injuries

Improving Benefit Adequacy for On-the-Job Injuries: the approach by the Texas Nonsubscriber Option might surprise you. …




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Benefits Increasing 4.3% in January

The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths will increase 4.3% in January to match an increase in the state's average weekly wage. The state's…




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Court Awards Worker Benefits for Back Injury, Authorizes MRI

West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to benefits for a back injury, and that he was entitled to a magnetic resonance imaging…




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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental…




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High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury

In a case of first impression, Maine’s highest court ruled that a worker was entitled to an award of specific-loss benefits for the loss of vision in his eye on…




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Employer Can't Escape Liability for Continuing Medical Benefits

The Alabama Court of Civil Appeals ruled that an employer could not be relieved of its obligation to provide continuing medical treatment to an injured worker after she aggravated her…




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Court Denies Widower Benefits for Nursing Home Worker's Death

The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional…




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Court Upholds Award of PTD Benefits for Former Walmart Worker

The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a…




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Worker With Long History of Ailments Entitled to Temporary Disability Benefits

The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts…




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No Additional Benefits for Worker's Knee Issues, Psychological Conditions

The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v.




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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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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




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Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…