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Some Claims Stricken in Dispute Between Company's Founding Partners

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.




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

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…




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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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Statute of Limitations Bars Worker's Medical Malpractice Claim

An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California…




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Employer Gets Relief From Default in Dispute Over Comp Premiums

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,…




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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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Pharmacy and Therapeutics Committee Meets Oct. 16

The California Division of Workers’ Compensation Pharmacy and Therapeutics Committee is meeting virtually on Oct. 16. The 2015 bill that directed the DWC to create a prescription drug formulary also created…




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Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…




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Report: Man Accused of Selling Insurance Without License

The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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DOL Proposes Indoor, Outdoor Heat Safety Rules

The U.S. Department of Labor released a proposed rule that would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive…




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Crowdstrike Outage Hits Comp Agencies

EDITOR’S NOTE: The New York State Workers Compensation Board said Friday afternoon that the majority of online services should now be restored. “Users may still experience lingering issues with some applications,”…




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Comp Agencies Report Disruptions From Tech Outage

The software update that grounded airplanes and disrupted hospitals worldwide Friday also wreaked havoc on workers’ compensation regulators in some states. Officials from Colorado, Connecticut, Illinois, Kansas, Massachusetts, Minnesota, New York,…




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Berkshire Names Marj Hutchings CIO

The Workers’ Compensation Division of Berkshire Hathaway Homestate Cos. appointed Marj Hutchings as its chief information officer. Marj Hutchings Hutchings brings 35 years of technology experience, 27 of which are in…




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CompIQ, Bardavon Launch Automated Referral Process

CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with…




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Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements

The Massachusetts Appeals Court ruled that an insurance company that was not contributing any assessments to the Workers’ Compensation Trust Fund was still eligible for reimbursement for benefits paid to…




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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…




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Statute of Limitations Ends Inquiry Into Senator's Comp Claim

The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying…




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NCCI Proposes Rate Cuts for 2025

The National Council on Compensation Insurance recommended an average 6.1% cut in voluntary loss costs for Connecticut in 2025. NCCI also proposed a 6.2% average reduction in the assigned risk market…




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Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…




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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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Supreme Court Upholds Authorization of Pain Management Consultation for Worker

The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked…




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Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier

The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him…




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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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DWC Seeks Input on Legislative Recommendations

The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it…




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Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date

A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,…




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ICT Sets Webinar on Social Media in Claims Resolution

The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…




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DWC Seeks Comments for Routine Rule Review

The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is…




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DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution

The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics…




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DWC Seeks Input on 2025 Medical Audit Plan

The Texas Division of Workers’ Compensation is accepting comments on the 2025 Medical Quality Review Annual Audit Plan through Nov. 22. The annual plan establishes priorities for the Medical Quality Review…




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Court Upholds Restitution Order Against Convicted Fraudster

The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,…




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Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee

The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No.




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Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation

The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper…




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Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online

The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free…




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Almaraz/Guzman: Past, Present & Future (2 of 3)

This one-hour session will provide an overview and analysis of recent case law focused on Almaraz/Guzman ratings.




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Medical Billing Reimbursement, Documentation and Dispute Resolution

Learn what constitutes proper billing, how to find and use fee schedules, documentation requirements and dispute resolution. Attendees will achieve a better understanding of the requirements for getting paid under…




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The Prosecution and Defense of Psychiatric Injuries

This training will provide attorneys and physicians with everything you need to know about the medical-legal issues involved in "psyche" cases - from the initial diagnosis through the discovery process to the separate…




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Understanding Permanent Disability Rebuttal and Apportionment

This six hour course will cover the Burden of Proof on Causation of Disability and includes the ultimate checklist for handling a Guzman rebuttal case.




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2017 Outpatient Surgery Center Fee Schedule Update

In this program, Suzanne Honor-Vangerov discusses changes to payment methodology, changes to definitions, and changes to payment multipliers as well as updated tables. Workers' compensation professionals who work with the…




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Liens, Costs & Med-Legal Disputes

New for 2017 - learn all pertinent laws, skills and tools for lien issues starting January 2017. Specific focus will be applied to liens, costs and med-legal disputes in…




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Fraud Update: SIU Referrals and Prosecution

This program will provide detailed instructions and skillsets to students for the successful SIU referral and prosecution thereof. The instructors will focus on red flags for fraud, identifying and documenting…




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Work Comp Matters - Free Weekly Podcast - Episode 48: Net Neutrality

"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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Work Comp Matters - Free Weekly Podcast - Episode 49: Indecent but Not Obscene

"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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Work Comp Matters - Free Weekly Podcast - Episode 56: Government Shutdown

"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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2018 Liens, Costs and Med-Legal Disputes

This program provides updates for all pertinent laws, skills and tools for lien issues starting January 2018. Instructors will focus on liens, costs and med-legal disputes. This course will support…




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Work Comp Matters - Free Weekly Podcast - Episode 86: Bail Me Out

In this episode of Work Comp Matters, Steve talks about California’s cash bail being eliminated for the 1st time in any State in the nation’s history. Whatever you…




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Work Comp Matters - Episode 115: Call Me Dr. Slutzker

This week on Work Comp matters, Steve cries out for help from Dr. Michael Slutzker to give him a call regarding one of his patients who is also Steve's client.




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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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Insurance Division Approves 4.3% Loss Cost Cut

The Colorado Division of Insurance announced a 4.3% average loss cost decrease for workers' compensation policies incepting in 2025. Loss costs are the average cost of lost wages and medical payments…




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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…