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Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102

The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a…




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Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care

The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v.




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Court Overturns Award for Second of Identical Injuries

The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela…




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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 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 Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished.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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Worker Fails in Bid for PPD Increase

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his award for occupational pneumoconiosis. Case: Puleo v. Coronado Group LLC, No.




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Court Overturns PPD Award, Finds No Valid Impairment Rating

West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid…




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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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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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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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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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Department Releases Training Video

The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The…




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Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…




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Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…




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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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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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DWC Webinar to Cover Presiding Officer Directives

The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer…




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Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident

A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…




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Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer

A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…




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DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident

The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from…




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AG Sues PBMs Over Opioid Epidemic

Mississippi Attorney General Lynn Fitch filed a lawsuit accusing pharmacy benefit managers of contributing to the oversupply of opioids in the state and fueling an illegal secondary market. The complaint filed…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability

A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:…




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Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail…




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Court Overturns Jury Award to Flight Attendant for COVID-19 Infection

The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on…




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Interpreters File Class Action Suit for Unpaid Wages

The Washington Federation of State Employees and four interpreters filed a putative class action lawsuit against the Department of Labor and Industries over alleged unpaid wages for services provided to…




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L&I Fines Georgia Pacific for Fatal Accident

The Washington State Department of Labor and Industries fined Georgia Pacific $648,292 after a worker was crushed by an unguarded packing machine. Georgia Pacific is appealing the citation. Dakota A. Cline died…




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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…




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Comorbidities and the Cost of Chronic Disease

85% of Americans have one or more chronic diseases. These diseases delay recovery and healing of an injured worker. This webinar will teach you how to recognize comorbidities, manage them,…




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Opioids: We're Beating Them Back - Now What?

David DePaolo will moderate a discussion on the topic of Opioids based on a WorkCompCentral Special Report authored by Peter Rousmaniere. The report looks at how the workers’ compensation industry…




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Understanding the AMA Guides - Back to Basics

Robert Rassp, Esq. (author of “Lawyers Guide to the Guides”) and Judge Colleen Casey (former WCAB Commissioner) will cover every aspect of rating a whole person impairment. Mr. Rassp will…




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Thriving as a Work Comp Medical Provider

This four hour seminar is an interactive educational program designed for primary treating physicians and specialists managing injured workers. The course is ideally suited for practicing medical providers, chiropractors and…




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ICD-10 Coding to Get Paid

Presented by Suzanne Honor-Vangerov, Esq, CPC, CPC-I, CMSP, and co-instructed by Gladys Ross, CPC, CCS-P, ACS-EM. - Musculoskeletal System - Nervous System - Skin - Subcutaneous Tissue - Mental, Behavioral and Neurodevelopmental…




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AMA Guides - Part 1 of 3: Basics

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the basic ratings under the AMA Guides. This is part one of three on a series…




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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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AMA Guides - Part 2 of 3: Intermediate

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the intermediate ratings under the AMA Guides. This is part two of three on a series…




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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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AMA Guides - Part 3 of 3: Advanced

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the advanced ratings under the AMA Guides. This is part three of three on a series…




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AMA Guides Case Law Update

This program focuses on the updates surrounding the AMA Guides, rating and apportionment. Instructors will inspect examples from relevant recent case law and will include practice tips as illustrated by…




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AMA Guides 5th Edition - Impairment Assessment Certification

If you work with impairment assessments, you must understand the correct use of the AMA Guides to the Evaluation of Permanent Impairment. This is the solution to help you master…




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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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A Practical Approach to Using the MTUS & Formulary Wisely to Avoid Treatment Denials

Whether you are an employer, claims examiner, medical provider or attorney, this program will provide you with a clear understanding and practical approach of how the MTUS and Formulary to…




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State Didn't Have Jurisdiction Over Truck Driver's Out-of-State Accident

A New York appellate court ruled that the state workers’ compensation system did not have jurisdiction over a truck driver’s claim based on injuries he sustained in an out-of-state accident…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity

A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to…




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DWC Posts 2025 Health Care Provider Assessment Plan

The Texas Division of Workers’ Compensation will evaluate health care providers on two measures as part of its 2025 performance-based oversight assessment process. The DWC said it will assess providers on…




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Sedgwick Names Andrea Buhl President of Casualty

Sedgwick on Monday announced that it named Andrea Buhl president of its casualty group. Andrea Buhl Buhl has held numerous leadership roles at Sedgwick over the last 15 years, most recently…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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AG Says State Could Get $122M in Kroger Opioid Settlement

California Attorney General Rob Bonta announced the state could receive up to $122 million from Kroger through a settlement that resolves allegations that the grocery chain failed to oversee the…




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High Court Asked to Order WCAB Decide 'Grant for Study' Cases

A petition was filed with the California Supreme Court requesting a writ of mandate directing the Workers’ Compensation Appeals Board to render final decisions on cases in which it granted…