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…

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…

West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No.

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…

The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…

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,…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for…

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…

West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim and for authorization for a magnetic resonance imaging scan. Case: Hill v. Lowe's Home…

West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice…

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No.

The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,…

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.

The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering…

The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him…

The National Council on Compensation Insurance filed a proposed Texas-specific experience rating plan. NCCI said the new edition of its Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance…

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…

The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery. Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT,…

The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,…

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…

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…

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…

The California Workers' Compensation Appeals Board is moving lien claims to the Oxnard district office to cut down on the amount of claims that have piled up at Los Angeles,…

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…

This training will address advanced permanent disability issues involving major orthopedic and non-orthopedic injuries. Instruction will also include a discussion of Almaraz-Guzman based alternative ratings and a case law review…

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…

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…

"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.

"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…

Is the WCAB so backed up that injured workers could not timely receive their benefits, or are the parties simply not prepared? In this edition of Work Comp matters Steve…

This week on Work Comp Matters, Steve, Mike & Robert discuss Donald Trump, Gavin Newsom, the LA School Board Strike, Strippers in the Bay Area and much more. An…

A Pennsylvania court rejected an injured worker's request to disqualify a vocational expert on the basis that the expert's correspondence indicated he was a certified disability management specialist after his…

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…

A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to…

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…

This course is designed to assist attorneys and insurance adjusters in their understanding of work related COVID-19 claims, claims coverage issues (compensability), the COVID-19 presumption created by Senate Bill (SB…

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…

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…

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…

The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:…

A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov.

An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of…

What an adventure! ACF Extended is celebrating its 1.5 years of existence. Created in March 2019 to meet the needs of the most demanding ACF developers, the plugin has just passed the 20.000 active installations mark and is now approaching the stable version. Today, it’s time to talk about its future. ???? A Brief History […]

The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1. “For injuries occurring on or after July…

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…

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…

Aspectos destacados de la guía: La guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology, que aborda el tratamiento y la evaluación cardiovascular de los pacientes antes, durante y...

Research Highlights: People diagnosed with unruptured cerebral aneurysms (weakened areas in brain blood vessels) who are being monitored without treatment have a higher risk of developing mental illness compared to those who have not been diagnosed...

DALLAS, October 10, 2024 — Across the United States, more than 90% of stroke patients have some form of disability as a result and more than 11% experience a second stroke within a year. This risk weighs particularly heavily on people living in rural...