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DCBS Reports 7 Compensable Fatalities in First Quarter

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…




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Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker

The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at…




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DCBS Reports 42 Compensable Fatalities in 2023

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%…




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Governor Announces Arbitrator Reappointments

Gov. J.B. Pritzker on Monday announced several arbitrator reappointments to the Illinois Workers' Compensation Commission. The reappointed arbitrators are: Joseph Amarilio. Crystal Caison. Paul Cellini. Ana Vazquez Diaz. Gerald Granada. Jessica Hegarty. Adam Hinrichs. Jeffrey Huebsch. Nina Mariano. Maureen Pulia. Pritzker has also appointed…




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Governor Appoints Magda Derisma-Oyewole as Arbitrator

Illinois Gov. J.B. Pritzker on Monday appointed Magda Derisma-Oyewole as an arbitrator for the state Workers’ Compensation Commission. Magda Derisma-Oyewole Derisma-Oyewole has been a practicing attorney since 2015 and focused on…




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Court Rejects Police Officer's Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No.  406 C.D. 2023,…




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Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot

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…




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Court Upholds Denial of Worker's Claim for Lead-Exposure Injury

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,…




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Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim

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:…




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Lawmaker Introduces Bill to Address Surviving Spouse Benefits

Pennsylvania Rep. Lindsay Powell introduced legislation that would require that the same eligibility standards apply when awarding death benefits to widows and widowers while also exempting spouses of first responders…




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House Passes Direct Deposit Bill, Senate Passes PTSD Bill

The Pennsylvania General Assembly passed a bill that would make direct deposit the default method for paying workers' compensation benefits, and the Senate signed off on a measure that would make…




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Direct Deposit, PTSD Measures Head to Governor

Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits…




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Commissioner Announces CIGA, WCIRB Appointments

California Insurance Commissioner Ricardo Lara on Tuesday announced two appointments to the Workers’ Compensation Insurance Rating Bureau Governing Committee and the California Insurance Guarantee Association board of governors. C. Bryan Little (www.fels.net) …




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CWCI Publishes Report on Average Benefit Payments

The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years…




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Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators

The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended…




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DWC Updates DMEPOS Fee Schedule

The California Division of Workers’ Compensation posted an order updating the fee schedule for durable medical equipment, prosthetics, orthotics and supplies for the fourth quarter. The division said it adopted Medicare’s…




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WCIRB Posts Report on COVID Claims

About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed…




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CWCI Posts Summary of 2024 Legislation

The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue…




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DWC Posts Quarterly Adjustment to Hospital, ASC Fees

The California Division of Workers’ Compensation posted an order adopting the latest quarterly update to the outpatient hospital and ambulatory surgery center section of the Official Medical Fee Schedule. The division…




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CWCI Reports on Emerging Costs of Migraine Drugs

The California Workers’ Compensation Institute reported that a nearly eightfold increase in migraine drug prescriptions coincided with the emergence of several high-cost drugs that are not included in the formulary. “Although…




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WCIRB Reports Increase in Average Charged Rates

Average charged rates increased in the first six months of 2024, suggesting recent rate declines are flattening, the Workers’ Compensation Insurance Rating Bureau of California said in its latest quarterly…




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DWC Posts 2025 Profile Audit Standards

The California Division of Workers' Compensation announced standards it will use for profile audit review of adjusting locations next year. The DWC said the PAR performance standard for 2025 audits is…




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WCIRB Posts 2025 X-Mods

The Workers’ Compensation Insurance Rating Bureau of California announced that insurers, agents and brokers can access recently published 2025 experience modifications for policyholders. Insurers, agents and brokers who use WCIRB Connect…




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Insolvency Pool Can't Collect From Carrier for Staffing Service's Client

The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing…




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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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Regulatory Preamble Can Support Award of Black Lung Benefits

A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran…




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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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DOL Session to Discuss Benefits for Nuclear Weapons Workers

The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and…




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Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays

Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according…




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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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DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns

Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk…




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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,…




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Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations

The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained…




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CMS Holding Webinar on Reporting Rules

The U.S. Centers for Medicare and Medicaid Services is holding a reporting webinar Sept. 12. The program will cover best practices and reminders for non-group health plans that are required to…




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Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




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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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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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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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No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall

The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:…




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NCCI Proposes 12% Loss Cost Decrease

The National Council on Compensation Insurance submitted a rate filing recommending that the Virginia State Corporation Commission reduce loss costs by 12%, effective April 1. The filing also recommends a 15.8%…




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Court Upholds Award for Postinjury Mental Health Treatment

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…




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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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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,…




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Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries

A divided West Virginia Supreme Court ruled that the doctrine of collateral estoppel did not bar a worker who failed to prove his occupational disease claim from seeking a civil…




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NCCI Proposes 9.1% Loss Cost Reduction

The National Council on Compensation Insurance filed with the West Virginia Office of the Insurance Commissioner a proposed workers’ compensation loss cost decrease of 9.1%, effective Jan. 1. If approved, the…




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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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Supreme Court Upholds Award for Worker's Radiation Exposure, Cancer

The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott…




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Supreme Court Overturns PPD Award on Deficiencies in Apportionment Opinion

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…




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Court Finds Worker Has No Impairment Despite 43 Years of Coal Dust Exposure

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining…




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Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure

The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v.