mp Casual Employment Threshold, TD Benefit and Attorney Fees to Increase By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is… Full Article
mp DCBS Reports 7 Compensable Fatalities in First Quarter By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 The Oregon Department of Consumer and Business Services said it received notice of seven fatalities accepted for workers’ compensation benefits in the first three months of 2024, one less than… Full Article
mp Comp Division Pitches Changes to Assessment Rules By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,… Full Article
mp DCBS Reports 42 Compensable Fatalities in 2023 By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The Oregon Department of Consumer and Business Services reported that it received notice of 42 fatalities accepted for workers’ compensation benefits in 2023. The 42 compensable workplace fatalities represent a 40%… Full Article
mp 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
mp 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
mp Court Overturns Denial of University Employee's Claims By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk… Full Article
mp High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,… Full Article
mp Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years… Full Article
mp Multifaceted Comp Bill Heads to Governor By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Illinois General Assembly sent the governor a recently amended bill including provisions that would increase surcharges by 8% and charge the state attorney general with collecting unpaid penalties for… Full Article
mp 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
mp Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an… Full Article
mp Audit Finds 'Major Improvement' in City's Comp Program Under TPA By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the… Full Article
mp Chamber, Self-Insurers' Association Open Registration for Work Comp Conference By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law… Full Article
mp Disability Law Allows Withholdings From Employees' Benefits By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Illinois Appellate Court ruled that the Public Employee Disability Act does not prohibit an employer from withholding taxes from a worker’s benefits. Case: Bitner v. City of Pekin, No. 4-23-0718,… Full Article
mp Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,… Full Article
mp Comp Attorney James Keefe Sr. Dies at 68 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said… Full Article
mp Supreme Court to Weigh in on Statutory Employer Defense By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is… Full Article
mp Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 A Pennsylvania appellate court on Monday ordered a workers’ compensation judge to determine whether an employer should be penalized for failing to reimburse an injured worker for medical cannabis. The Commonwealth… Full Article
mp Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:… Full Article
mp Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to… Full Article
mp Bill Would Limit Employment Protections for Medical Cannabis Users By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick… Full Article
mp 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
mp 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
mp Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had… Full Article
mp Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:… Full Article
mp Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,… Full Article
mp Court Upholds Employer's Entitlement to Terminate Worker's Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,… Full Article
mp Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
mp Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc. Full Article
mp Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
mp Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for… Full Article
mp 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
mp Worker Can't Proceed With Civil Suit Against Statutory Employer By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,… Full Article
mp Missouri Employers Mutual Rebrands Ahead of Privatization By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to… Full Article
mp Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of… Full Article
mp Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’… Full Article
mp Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity' By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended… Full Article
mp Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
mp Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP… Full Article
mp Safety Regulators Remind Employers to Protect Workers From Smoke By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill… Full Article
mp CalChamber Urges Veto of Ag Worker Heat Injury Presumption By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered… Full Article
mp Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:… Full Article
mp Governor Signs Bill to Delay Comp Mandate for Contractors By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a… Full Article
mp Employer Gets Relief From Default in Dispute Over Comp Premiums By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,… Full Article
mp Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill… Full Article
mp CWCI: Wage Increase Bumps Benefits for 2025 By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The California Workers' Compensation Institute said certain benefits will increase by about 3.8% next year because of an increase in the state's average weekly wage. The average wage in California increased… Full Article
mp CHP Captain Arrested for Alleged Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 The California Highway Patrol announced that a former captain was arrested on suspicion of workers' compensation insurance fraud and theft. Matthew Stover, 51, was arrested without incident in Folsom Thursday on… Full Article
mp 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
mp DWC Completes Server Upgrades By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The California Division of Workers' Compensation on Friday said it completed the process of upgrading its Workers' Compensation Information Servers. WCIS is ready to receive and process production data files daily,… Full Article