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Worker Not Entitled to File Late Claim for Alleged Crane Accident Injuries

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…




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Defendants Get Summary Dismissal of Suit Over Ladder Accident

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:…




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Worker Gets Summary Judgment for Labor Law Claim Based on Painting Accident

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,…




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Worker Fails to Link Amputation of Leg to Prior Work Accident

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…




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WCS Posts Guidance on New Claims Administrator Law

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…




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Court Upholds Summary Dismissal of Civil Claim From Ladder Accident

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…




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Widow Gets Award for Delivery Driver's Death from Being Crushed by Own Cargo

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…




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Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection

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,…




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Labor Department Posts Practice Guidelines Online

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…




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Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim

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…




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Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed

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…




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HEMIC Declares $5M Dividend

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…




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Court Rejects Worker's Bid for Increase in PPD Award

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…




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Inside Mathematicians' Search for the Mysterious 'Einstein Tile'

The quest for the einstein tile—a shape never seen before in mathematics—turned up even more discoveries than mathematicians counted on




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WCD Adds 'Physician Associate' to Change of Provider Form

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…




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Court Overturns Jury's $10 Million Verdict to Worker's Widow

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…




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Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement

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…




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

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.




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Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer

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:…




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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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Collateral Estoppel Precludes Worker From Challenging Validity of Settlement

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.




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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

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…




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High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP

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…




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Injured Worker May Not Set Aside Settlement With Employer

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),…




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Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies

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…




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Widow Gets Award for Paramedic's Fatal Heart Attack

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.




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Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident

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.




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

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…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

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…




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Kids' Chance Awards $225,115 in Scholarships

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…




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WCAB Consolidates Cases in Attorney Fee Dispute

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…




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Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case

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…




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Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services

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…




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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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WCIRB Posts Report on COVID Claims

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…




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Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO

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,…




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CWCI: Drop in Opioid Prescriptions More Pronounced in Comp

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…




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Widow Misses Deadline to Challenge Denial of Claim by 1 Day

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,…




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WCC Provides Contact Info for New Legacy Court

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…




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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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Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays

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…




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CMS Updates Set-Aside Reference Guide

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…




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OWCP Sets New Provider Orientation

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…




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Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations

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…




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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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Tower MSA Webinar to Cover Set-Asides

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…




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Senate Committee Passes Bill to Increase Provider Options for Federal Workers

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…




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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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Worker Can't Sue Over Accident Caused by Colleague in Parking Lot

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…




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Report: Lawmaker Failed to Report Outside Employment While Collecting Comp

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…