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Litigation Methods for Attorneys - with the CA. Bay Area Judges

Discussion will include: Roadmap for Prepping Your Case for Trial, Common Discovery Mistakes and How Not to Make Them, Ex Parte Issues that Can Tank your Case, Don’t Let Psych…




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120-Hour California Claims Adjuster Credential

This program includes over 120 hours of state-required training to become a licensed Claims Adjuster in California. …




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Work Comp Matters - Episode 107: John Mcneely

This week on Work Comp Matters, Steve, Mike, Robert & Special Guest, John McNeely (29 year Workers Compensation Hearing Representative), discusses experiences in workers compensation dealing with co-counsel, adjusters &…




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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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Benefits Increasing 4.3% in January

The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths will increase 4.3% in January to match an increase in the state's average weekly wage. The state's…




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Worker Failed to Prove Injuries from Alleged Assault by Colleague

A New York appellate court ruled that a worker was not entitled to benefits for injuries from an alleged assault by a coworker. Case: Matter of Lebeau v. Meet Caregivers Inc.,…




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Worker Failed to Link Fall at Home to Prior Work-Related Ankle Injury

A New York appellate court ruled that a worker failed to establish her injuries from a fall at home were related to an ankle injury from an on-the-job accident which…




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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…




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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…




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Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien

The Missouri Court of Appeals ruled that two injured workers could not back out of a settlement agreement they entered with their employer’s insurance carrier to satisfy the carrier’s subrogation…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Court Overturns Summary Judgment on Defendant's Indemnification Claim

A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18,…




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Court Upholds Award for Worker's Elbow Injury from Fall

West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:…




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Court Upholds Finding of Compensability for Worker's Back Injury

West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked…




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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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WCA Seeks Public Comment on Judicial Reappointment

The New Mexico Workers’ Compensation Administration is seeking public comment regarding the reappointment of Judge Ned Fuller to a five-year term. Ned S. Fuller Gov. Michelle Lujan Grisham appointed Fuller, the…




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe 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. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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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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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.




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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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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi…




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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…




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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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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




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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.




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Court Upholds Denial of School Employee's Wrist Injury Claim

The Oregon Court of Appeals upheld the denial of a school district employee’s claim of injury to her wrist. Krista Wilson worked for the Saint Helens School District as a special…




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Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim. Case: Ruiz v. BOP 245…




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Considering Social Barriers to an Injured Workers' Recovery

Join us to review these social barriers to recovery and how we can help injured workers overcome them. We will discuss how “whole person recovery” leads to shorter claim durations,…




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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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Foot Injuries, Diabetes and Workers' Compensation

This course will explain the prevalence, pathophysiology, evaluation, and treatment recommendations of diabetic foot ulcers. Additionally, causation analysis will also be discussed.




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The Case for Evidence-Based Medicine in Managing Workplace Injuries

This presentation aims to explain the concept and importance of evidence-based medicine (EBM) in managing workplace injuries. Troy Prevot, Director of Strategic Solutions from ODG by MCG, will cover how…




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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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The Impact of Catastrophic Injuries on WC Claims

A catastrophic claim does not happen often, thank goodness; it accounts for less than 1% of all the WC claims. But when it happens, it takes only one case to…




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High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury

In a case of first impression, Maine’s highest court ruled that a worker was entitled to an award of specific-loss benefits for the loss of vision in his eye on…




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Annual Comp Conference Set for June 12-14

A certified therapy dog joins the list of presenters featured in the upcoming Tennessee Workers’ Compensation Educational Conference, set for June 12-14 in Murfreesboro. Chief Judge Kenneth M. Switzer Judy, a therapy…




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Carrier Not Entitled to Summary Judgment on Claim for Offset

The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts…




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Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury'

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an…




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Worker Injured in Explosion Loses Claim That Employer Tricked Him Into Comp Settlement

The Tennessee Court of Appeals upheld the summary dismissal of a worker’s claims asserting that he was the victim of a fraudulent scheme to designate him as an employee instead of…




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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 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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Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim

The Alabama Court of Civil Appeals ruled that a circuit court lacked jurisdiction over a worker’s claim for compensation for a work-related injury and that an individual member of the…




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Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls

The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more…




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Court Overturns Finding That Worker Timely Reported Injury

The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts…




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Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate…