pe Gilson Daub Opens Chicago Office By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 Workers’ compensation defense firm Gilson Daub opened a new office in Chicago that it said was part of its expansion efforts in the Midwest. Elizabeth Vicars At the same time, the… Full Article
pe Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an… Full Article
pe Chamber, Self-Insurers' Association Open Registration for Work Comp Conference By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law… Full Article
pe Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 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… Full Article
pe Court Upholds Dismissal of Worker's Untimely Appeal By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,… Full Article
pe Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
pe Court Upholds Modification of Worker's Benefits for Specific Loss By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v. Full Article
pe Court Rejects Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:… Full Article
pe Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had… Full Article
pe Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City… Full Article
pe Pension Offset Not Available When Retiree Gets Hurt After Returning to Work By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an… Full Article
pe Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,… Full Article
pe Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:… Full Article
pe Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,… Full Article
pe Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at… Full Article
pe Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D. Full Article
pe Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
pe Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc. Full Article
pe Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for… Full Article
pe CHP Arrests Former Officer for Suspected Fraud By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The California Highway Patrol announced that a former officer was arrested Tuesday on suspicion of workers’ compensation fraud. Jordan Lester, 44, filed a work comp claim in July 2021 and was… Full Article
pe WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked… Full Article
pe CCWC Opens Registration for 21st Annual Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The California Coalition on Workers’ Compensation opened registration for its 21st annual Conference, Legislative and Educational Forum. The three-day event will feature four general sessions and 15 breakout discussions about issues… Full Article
pe DWC Reopens San Bernardino District Office By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The… Full Article
pe DWC Opens Registration for 32nd Annual Educational Conference By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened registration for its 32nd annual Educational Conference that will be held in March. The conference is the largest work comp training event in the… Full Article
pe Pharmacy and Therapeutics Committee Meets Oct. 16 By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The California Division of Workers’ Compensation Pharmacy and Therapeutics Committee is meeting virtually on Oct. 16. The 2015 bill that directed the DWC to create a prescription drug formulary also created… Full Article
pe DWC Opens Second 15-Day Comment Period for Pharmacy Rules By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the… Full Article
pe CAAA Opens Registration for 2025 Winter Convention By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The California Applicants’ Attorneys Association opened registration for its annual winter convention, which will be held in Las Vegas Jan. 23-26. Panelists speaking during the conference will cover a variety of… Full Article
pe 2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
pe Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis… Full Article
pe No Permanent Total Disability Benefits for Worker Who Lost Eye By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,… Full Article
pe Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day… Full Article
pe AppliedVR Names Michael Marsau Executive Director, Workers' Compensation By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the… Full Article
pe Court Upholds Worker's Convictions for Embezzlement, Workers' Compensation Fraud By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South… Full Article
pe Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
pe Safety Inspectors Cite Employers for Silica Violations By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 Workplace safety regulators in California and Washington state proposed nearly $500,000 in penalties for 10 employers accused of exposing workers to crystalline silica dust. The California Division of Occupational Safety and… Full Article
pe IAIABC Opens Registration for Work Comp Judicial Program By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The International Association of Industrial Accident Boards and Commissions opened registration for its 2024 Judicial Program being held Oct. 29-30. The program, presented by IAIABC with the National Association on Workers’… Full Article
pe Attune Launches EverPeak Insurance on Digital Platform By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina. Attune said the work comp product caters to small businesses… Full Article
pe DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver… Full Article
pe WCRI Opens Registration for 2025 Conference By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 The Workers Compensation Research Institute opened registration for its 2025 annual Issues and Research Conference being held March 6-7 in Phoenix. Ramona Tanabe WCRI said it will present findings from its… Full Article
pe 9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
pe NCCI: Temperature, Precipitation Linked to Frequency By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 Frequency increases modestly but consistently as temperatures climb, according to a study by the National Council on Compensation Insurance. NCCI said that starting around 50 degrees, there is about a 1%… Full Article
pe Court Tosses Appeal of Stay Order as Moot By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v. Full Article
pe Supreme Court Suspends Attorney Who Mishandled Comp Cases By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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… Full Article
pe Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in… Full Article
pe WCC Opens Registration for 2024 Conference By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The Virginia Workers’ Compensation Commission opened registration for its 2024 Education Conference and Exhibition in October. The conference provides instruction on rules, procedures, policies and forms used in the state’s comp system. Full Article
pe Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore… Full Article
pe Independent Contractor Can't Get Benefits for Injuries By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante… Full Article
pe Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
pe Board Applies Wrong Compensability Standard to Asbestos Claim By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for… Full Article
pe Injured Worker Not Entitled to Expand Scope of Claim By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 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,… Full Article