id Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 A New York appellate court ruled that a worker was properly denied leave to file a late notice of claim. Case: Matter of Polak v. MTA Long Island Railroad, Nos. 2022-00039… Full Article
id Defendants Get Summary Dismissal of Suit Over Ladder Accident By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 A New York appellate court upheld a grant of summary judgment for the defendants in a Labor Law case. Case: Acevedo-Espinosa v. RH 250 Sherman Avenue LLC, No. 2023-01248, 09/11/2024, published. Facts:… Full Article
id Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker was entitled to summary judgment for his injuries from a falling while painting a bathroom. Case: Mosquera v. TF Cornerstone Inc., No. 23663/16,… Full Article
id Worker Fails to Link Amputation of Leg to Prior Work Accident By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a worker failed to prove the amputation of his leg was related to his injuries from a fall in 2006. Case: Matter of DiPippo… Full Article
id WCS Posts Guidance on New Claims Administrator Law By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Nevada Workers' Compensation Section posted a sheet of answers to frequently asked questions about new requirements for claims administrators. Lawmakers last year passed Senate Bill 274, which enacted a host… Full Article
id Court Upholds Summary Dismissal of Civil Claim From Ladder Accident By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s civil claim for injuries he allegedly sustained on a construction project. Case: Gjana v. Daibes Enterprises… Full Article
id Widow Gets Award for Delivery Driver's Death from Being Crushed by Own Cargo By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division upheld an award of benefits to the widow of a worker who was crushed to death by the cargo he was delivering. Case: Urena… Full Article
id Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,… Full Article
id Labor Department Posts Practice Guidelines Online By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Delaware Department of Labor adopted rules allowing it to post the Workers’ Compensation Oversight Panel’s health care practice guidelines on its website. In May, the department proposed repealing regulations that… Full Article
id Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Nebraska Court of Appeals upheld the denial of a worker’s claim because she failed to demonstrate a causal connection between her alleged injuries and her workplace accident. Case: Chavez v. Tyson… Full Article
id Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that… Full Article
id HEMIC Declares $5M Dividend By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 Hawaii Employers’ Mutual Insurance Co. announced a $5 million dividend for qualifying policyholders. The carrier said the dividend will be the largest in its history and brings to $53 million the… Full Article
id 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
id Inside Mathematicians' Search for the Mysterious 'Einstein Tile' By www.scientificamerican.com Published On :: Fri, 22 Dec 2023 14:00:00 GMT The quest for the einstein tile—a shape never seen before in mathematics—turned up even more discoveries than mathematicians counted on Full Article Features Math Mathematics
id WCD Adds 'Physician Associate' to Change of Provider Form By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division on Friday announced that it updated the form used to request a change of provider to replace the term “physician assistant” with “physician associate.” The WCD… Full Article
id 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
id Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of… Full Article
id No Accidental Disability Retirement Benefits for Ex-DMV Employee By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No. Full Article
id Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:… Full Article
id Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 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,… Full Article
id Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
id Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate… Full Article
id High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider… Full Article
id Injured Worker May Not Set Aside Settlement With Employer By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),… Full Article
id Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of… Full Article
id 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
id Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D. Full Article
id Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a… Full Article
id High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and… Full Article
id 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
id WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former… Full Article
id Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to… Full Article
id 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
id 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
id WCIRB Posts Report on COVID Claims By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed… Full Article
id Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California announced that Andrea Coleman will succeed Bill Mudge as president and CEO next year. Andrea Coleman Coleman’s promotion will take effect Feb. 1,… Full Article
id CWCI: Drop in Opioid Prescriptions More Pronounced in Comp By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Declines in opioid use among injured workers exceeded the decline among the overall population from 2017 to 2023, the California Workers' Compensation Institute reports. CWCI said data from the state's Controlled… Full Article
id Widow Misses Deadline to Challenge Denial of Claim by 1 Day By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,… Full Article
id WCC Provides Contact Info for New Legacy Court By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin… Full Article
id 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
id Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according… Full Article
id CMS Updates Set-Aside Reference Guide By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The U.S. Centers for Medicare and Medicaid Services updated its work comp set-aside reference guide to add expand a section that addresses coordinating benefit payments with other health insurers. CMS on… Full Article
id OWCP Sets New Provider Orientation By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The federal Office of Workers’ Compensation Programs is holding a basic orientation course Aug. 21 for providers recently authorized to render medical treatment and evaluations for injured federal workers. The program will… Full Article
id Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained… Full Article
id 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
id Tower MSA Webinar to Cover Set-Asides By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 Tower MSA Partners is holding a webinar Oct. 2 covering the ins and outs of Medicare set-asides. Dan Anders The program will cover topics including the appropriate time to obtain a… Full Article
id Senate Committee Passes Bill to Increase Provider Options for Federal Workers By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The U.S. Senate Homeland Security and Government Affairs Committee passed a bill that would authorize physician assistants and nurse practitioners to treat injured federal workers. The committee on Wednesday voted 12-3… Full Article
id Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 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… Full Article
id Worker Can't Sue Over Accident Caused by Colleague in Parking Lot By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was… Full Article
id Report: Lawmaker Failed to Report Outside Employment While Collecting Comp By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Connecticut Insider on Wednesday reported that a state lawmaker received more than $100,000 in workers’ compensation benefits despite having three outside sources of income that he never disclosed. Sen. Paul… Full Article