sh

2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert…




sh

Employer Faces Civil Liability for Fatal Shooting

The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp.




sh

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…




sh

Travelers Publishes 2024 Injury Impact Report

The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,…




sh

9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus

A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC…




sh

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…




sh

Supreme Court Suspends Attorney Who Mishandled Comp Cases

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…




sh

WCC Commissioner Marshall Elected Chairman

The Virginia Workers’ Compensation Commission announced that Wesley G. Marshall was elected to a three-year term as chairman, effective Monday. Wesley G. Marshall Marshall succeeds Commissioner Robert A. Rapaport, whose term…




sh

Worker Gets Benefits for Shoulder Injury From Slip and Fall

The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund…




sh

Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car

The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist…




sh

Supreme Court Establishes Method for Apportioning Preexisting Impairment

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…




sh

Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…




sh

Supreme Court Upholds Award to Worker for Electric Shock Injury

The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for…




sh

Supreme Court Upholds Expansion of Worker's Claim to Add Shoulder Injury

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…




sh

OSHA Fines Furniture Maker Following Serious Injury

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…




sh

Friendship-Based Employment Can Fall Within Scope of Comp System

The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all…




sh

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…




sh

AOE/COE and other Threshold Issues

This training will examine the basic tenets of workers’ compensation law every claims specialist should master. All material will focus on four main subject areas: (1) Identifying the Industrial Injury;…




sh

Medical Information Every Lawyer and Judge Should Know

This four-hour seminar will present the terminology and application of the AMA Guides to common parts of body injured in work related injuries. Many WPI ratings are missed or…




sh

Work Comp Matters - Free Weekly Podcast - Episode 10: Business Relationships

"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…




sh

Work Comp Matters - Free Weekly Podcast - Episode 21: The Birthday Show

"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…




sh

Work Comp Matters - Free Weekly Podcast - Episode 47: The Thanksgiving Show

"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…




sh

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…




sh

Work Comp Matters - Free Weekly Podcast - Episode 72: The Birthday Show

"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…




sh

Work Comp Matters - Episode 93: Thanksgiving Show

This week Robert & Steve give thanks to friends, colleagues & those that we love for their contribution to our success. Additionally, Robert & Steve discuss the fires that…




sh

Podcast 94: George Herbert Walker Bush

This week Steve, Robert & Mike discuss George Herbert Walker Bush, Self Driving Cars and all the other News of the Week. Steve discusses his lunch meeting with President &…




sh

Work Comp Matters - Episode 102: Dr. Bruce Fishman

This week on Work Comp Matters, Steve, Mike, Ted, Robert, discuss Dr. Bruce Fishman and an email from his attorney, Howard Kapp, his felony conviction & workers compensation issues. Also,…




sh

Work Comp Matters - Episode 117: The Show

This week on Work Comp Matters, Steve, Marc, Mike and Ted talk about Gavin Newsom and the new budget, as well as the new worker's compensation case regarding catastrophic injuries.




sh

Work Comp Matters - Episode 119: Magic Mushrooms

This week on Work Comp Matters, Charles Rondeau of The Rondeau Law Firm called in for the first five minutes to talk about the appeal he filed in the District…




sh

Seasonal Worker Payroll Threshold Increases 3.9%

The Texas Division of Workers' Compensation announced that the gross annual payroll requirements for coverage of seasonal workers will increase 3.9% next year. Seasonal workers for agricultural companies with annual gross…




sh

Injured Worker Failed to Prove Extreme Hardship Warranting Reclassification

A New York appellate court upheld the denial of a worker’s request for an extreme hardship redetermination. Case: Matter of Brown v. Plans Plus Ltd., No. CV-23-0250, 10/10/2024, published. Facts and procedural…




sh

Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




sh

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…




sh

Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




sh

OSHA Fines Contractor for Exposing Workers to Deadly Falls

The federal Occupational Safety and Health Administration cited a contractor in Crystal Lake, Illinois, for allegedly exposing workers to fall hazards. OSHA said it fined 595 Construction LLC $287,465 for one…




sh

Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




sh

PEO's: Professional Employer Organizations = A Shell Game? and Prosecution & Defense of UE Cases

This is a four-hour MCLE program that addresses the specific issues of the prosecution and defense of cases involving employee leasing companies, general-special employment law, and handling cases when the…




sh

2023 WorkCompCentral Annual Rating Workshop

This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding…




sh

OSHA Fines Company $29,035 After Worker Struck by Stone Slab

Federal workplace safety officials fined an Alabama countertop installation company $29,035, saying it could have prevented a worker's death by following federal safety standards. John Hopper, 33, died in March after…




sh

Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating

The North Carolina Court of Appeals ruled that a worker could proceed with a civil suit against her employer stemming from an attack by a co-worker and multiple members of…




sh

Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




sh

Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…




sh

Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping

The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for…




sh

Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries

A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and…




sh

DWC Publishes Fee Schedule

The Florida Division of Workers’ Compensation published the state's 2024 medical fee schedule. The schedule of maximum reimbursement allowances for physician and nonhospital services takes effect Jan. 1. The fee schedule is…




sh

Cashier Shot During Robbery Leads to OSHA Fines for Circle K

Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men…




sh

OSHA Cites Contractors for Fatal Fall

The federal Occupational Safety and Health Administration cited two contractors that it said could have prevented a fatal accident if they followed workplace safety rules. Jorge De La Torre, 27, died…




sh

Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on…




sh

Commission Sets Claims Administration Workshop

The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be…




sh

Worker Fails to Show Good Cause for Delayed Prosecution of Claims

The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for…