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Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…




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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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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 Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished.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:…




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No Additional Treatment, Benefits for Injured Mine Worker

The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No.




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No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…




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Court Says Injured Worker Can Get Additional Physical Therapy

The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.




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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 Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished.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 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…




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Split Supreme Court Upholds Increase in Worker's Award for Back Injury

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…




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Supreme Court Upholds Denial of Worker's Request to Add Mental Injuries to Claim

The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…




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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…




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Injured Worker Not Entitled to Expand Scope of Claim

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s request to expand her claim to include additional conditions. Case: Amane v. Pas Parent Inc., No. 23-109, 08/01/2024,…




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Supreme Court Upholds PPD Award for Worker With Ankle Injury

The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,…




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Court Upholds Increase in Worker's Award for Back Injury

West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight…




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Court Upholds 1% PPD Award for Worker With Knee Injury

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville…




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Supreme Court Upholds Denial of PPD for Worker's Back Injury

The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar…




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Health Care Worker Gets 0% Award for Injuries

West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,…




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Court Upholds Worker's 1% PPD Award for Knee Injury

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas…




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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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Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits

A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident…




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Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…




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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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Federal Court Sends Worker's Jones Act Claim Back to State Level

A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the…




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Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer

A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…




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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…




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Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability

A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:…




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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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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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Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim

The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…




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Court Overturns Jury Award to Flight Attendant for COVID-19 Infection

The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on…




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State Lacks Jurisdiction Over Worker's Injury Claim

The Vermont Supreme Court upheld the summary dismissal of a worker’s claim for benefits for an out-of-state injury. Ian Burnett worked for Home Improvement Co. of Vermont. HIC is a Vermont…




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Anatomy and Injury Treatment Plans

Musculoskeletal injuries constitute the majority of industrial claims. Claims professionals will review many medical reports written by physicians who report their findings as they treat and evaluate injured workers. This…




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Claims Adjuster Quiz

This is a test-only course for the 120-Hour California Claims Adjuster Credential. All adjusters who complete the This is a test-only course for the 120-Hour California Claims Adjuster Credential program,…




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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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Workers' Compensation Basics, History, Terms, Benefits, SJDB

The Claims Specialist's Start Guide: CA Adjuster Cert Process, Historical Overview, Organizational Structure of WC System, WC Terms and Concepts, Basic Benefits & TD and SJDB Vouchers.




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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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Adjuster Certification Overview

The Claims Specialist's QuickStart Guide: Adjuster Certification Process…




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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…




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Medical Treatment for Injured Workers

The New Paradigm of Providing Medical Treatment for Injured Workers.




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Adjuster Claims Handling, Settlement, Arbitration and Mediation

Presented in Partnership with Adelson, Testan, Brundo, Novell & Jimenez. Discussion will include: - Judicial Litigation Tips (Death Benefits, Penalties, Sanctions, Other Remedies) - Ethics - Claims Handling - Subrogation - Settlements - Arbitration -…




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Work Comp Matters - Free Weekly Podcast - Episode 14: Judges

"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 18: Marijuana

"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 23: I Object

"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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Improving Benefit Adequacy for On-the-Job Injuries

Improving Benefit Adequacy for On-the-Job Injuries: the approach by the Texas Nonsubscriber Option might surprise you. …




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The Holistic Approach to Reducing Cost, Injury and Medication Use

The Holistic Approach to Reducing Cost, Injury and Medication Use…




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Judicial Tips for Litigation Developments - A Day with the Judges

Top Tips for Prepping Your Case for Trial Nailing the Doctor’s deposition Bullet Proving Your Medical Evidence Secrets Everyone Needs to Know About How to Accurately Rate PD WC Litigation Pitfalls and Pratfalls in…




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Work Comp Matters - Free Weekly Podcast - Episode 87: Just To Do It

In this episode of Work Comp Matters Steve and the guys talk about Colin Kaepernick’s new campaign with Nike against the NFL and Donald Trump’s supreme court nominee, Brett Kavanaugh.




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Work Comp Matters - Free Weekly Podcast - Episode 89: Judge Brett Kavanaugh

Is supreme court justice nominee read Cavanagh guilty of attempted rape? Listen to this very special addition of Work Comp matters where even the guys at the roundtable cannot agree.