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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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Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…




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Registration for Work Comp Summit Opens Monday

The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update…




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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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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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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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Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…




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Court Dismisses Carrier's Challenge to Compensability Finding

A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual…




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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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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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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 $8.7 Million Jury Verdict Against Vessel Owner

The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine…




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Insurance Administration Announces Increase in Penalties

The Maryland Insurance Administration announced that penalties for certain statutory violations will increase on Oct. 1. The maximum penalty the administration can impose on an unauthorized insurer or person engaging in the…




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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 Publishes Decision Upholding $1.7 Million Judgment for Misclassification

The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against…




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Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




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Claims School Seminar to Explore Return to Work, Case Law and IMEs

Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical…




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Property Owner Not Entitled to Summary Dismissal of Suit

The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to…




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Catastrophic Injury: How to Maximize or Minimize Exposure

Learn the secrets, tips and tactics that demystify the handling of the catastrophic loss case. This seminar will equip attendees with a clear overview of the steps and stages each catastrophic…




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Cross Examining Medical Professionals: Basic Strategy and Principles

Intimidated by doctor's depositions? Do you have office staff who are new to cross examination? Or, are you a seasoned practitioner but still would appreciate some useful pointers from someone…




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Cross Examining Medical Professionals

We have put together two masters in cross-examination and medicine for a half day seminar in which the attendees are sure to learn new and very practical information. This training…




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Advanced Skills for Cross Examining Psychs

Please join Brad Wixen, expert in cross-examination, and Mark Levine PhD, QME/AME psychologist and neuropsychologist, for this special opportunity. This training is Part 2 to the recent April 15 seminar…




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Cross Examining Medical Professionals & Cumulative Trauma Litigation

"Cross Examining Medical Professionals & Cumulative Trauma Litigation" is an all-day program devoted to legal and medical-legal issues that defense attorneys are confronted with in every day practice.




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Work Comp Matters - Free Weekly Podcast - Episode 29: Immigration & SB 1160

"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 75: Singapore Summit

"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 78: Structured Settlements with Mike Burton

"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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Optimizing MSAs: Before & After Settlement

Settling work comp claims calls for a tricky balance. Payers want to limit the amount of money that is allocated to a Medicare Set-Aside and injured workers worry about running…




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Work Comp Matters - Episode 95: Michael Burgis

Steve Interviews Michael Burgis, The Law Offices of Michael Burgis & Associates – we talk about his Personal life, business life & workers compensation matters.




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Work Comp Matters - Episode 101: Con Mi Hermano

This week on Work Comp Matters, Steve, Mike, Robert & Brother Marc of AppellLaw.com, discuss Counting The Homeless the end of LAUSD Strike, PG&E, Bay Area Restaurant Chain Settlement, QME…




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Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints

This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of…




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Commissioner Approves 6.9% Rate Decrease

The New Jersey Commissioner of Banking and Insurance approved a 6.9% decrease in rates for workers' compensation policies incepting on or after Jan. 1. Average rate changes will vary by industry…




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Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…




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L&I Announces Ergonomic Rule Development

The Washington State Department of Labor and Industries announced that it opened rulemaking for ergonomic regulations that would apply to airline ground crews. State lawmakers in 2023 enacted Senate Bill 5217,…




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WCIRB C&R Committee Meeting Nov. 12

The Workers’ Compensation Insurance Rating Bureau of California Classification and Rating Committee is meeting Nov. 12. Committee members will review a draft report investigating the idea of a universal payroll limitation. The…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.




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Court Upholds Denial of Coal Miner's Claim for Injuries from Fall

West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders…




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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PCRB Posts Reminder of Deadline to Request 2009 Assessment Refund

The Pennsylvania Compensation Rating Bureau announced that eligible carriers can request refunds of 2009 work comp security fund assessments through Feb. 24. Gov. Josh Shapiro in July signed HB 2310, a…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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CMS Clarifies Use of Non-Submit WCMSAs To Address Future Medical

As a national leader on all components of workers compensation education, WorkCompCentral continues to provide exceptional opportunities to learn about all aspects of work comp law, policy, procedures, and practice.




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Overcoming Jurisdictional Return-to-Work Challenges

Identify specific requirements and common legal challenges for light duty and transitional work assignments. Understand jurisdictional components, litigation trends and case law. Discuss the challenges involved in transitional work assignments including…




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Debunking Common Brain Injury Misconceptions

This webinar will equip workers' compensation professionals with essential knowledge and strategies to support TBI patients better, ensuring they receive the comprehensive care needed for both their physical injuries and…




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MEMIC Announces $18.7M Dividend

The board of directors for Maine-based workers’ compensation carrier MEMIC Group approved an $18.7 million dividend. The dividend announced Wednesday represents about 11% of the premiums policyholders paid in 2021, the…




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Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor

The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing…




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Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier

The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s…




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Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim

The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have…




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Supreme Court Overturns $3 Million Judgment for Worker's Death

The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was…




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Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction

The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could…