ge Worker Gets PTD for Loss of Vision, Additional PPD for Nonschedule Injuries By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Illinois Appellate Court ruled that a worker was entitled to permanent total disability benefits for the loss of use of the eyes, plus additional permanent partial disability benefits for… Full Article
ge Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,… Full Article
ge Court Rejects Police Officer's Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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,… Full Article
ge 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
ge Court Rejects Municipal Worker's Constitutional Challenges to IRE Procedures By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,… Full Article
ge Decision Allows Billing Agent to Pursue Civil Claims Against Carriers By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in… Full Article
ge Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No. Full Article
ge Court Rejects Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a… Full Article
ge 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
ge 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
ge 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
ge 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
ge 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
ge 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
ge Court: WCJ Needs to Revisit Contingency Fee Agreement By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane… Full Article
ge 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
ge 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
ge No Benefits for Worker Allegedly Injured in Stairwell Mishap By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez… Full Article
ge Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
ge Assembly Passes Measure Extending 4850 Time to Park Rangers By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted… Full Article
ge Legislature Passes Bill to Give Park Rangers 4850 Time By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to… Full Article
ge Vocational School Officials Charged in SJDB Fraud Case By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,… Full Article
ge CWCI Publishes Report on Average Benefit Payments By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
ge Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP… Full Article
ge CalChamber Urges Veto of Ag Worker Heat Injury Presumption By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered… Full Article
ge Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:… Full Article
ge Employer Gets Relief From Default in Dispute Over Comp Premiums By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,… Full Article
ge Governor Vetoes 4850 Time for Rangers By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of… Full Article
ge Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California announced that Andrea Coleman will succeed Bill Mudge as president and CEO next year. Andrea Coleman Coleman’s promotion will take effect Feb. 1,… Full Article
ge WCIRB Reports Increase in Average Charged Rates By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
ge DWC Adopts Medicare Changes to Hospital, ASC Fee Schedule By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The California Division of Workers' Compensation posted an order updating the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule. The division in October posted an… Full Article
ge Twice-Convicted Fraudster Charged in Alleged $100M Scheme By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges… Full Article
ge CWCI: Wage Increase Bumps Benefits for 2025 By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The California Workers' Compensation Institute said certain benefits will increase by about 3.8% next year because of an increase in the state's average weekly wage. The average wage in California increased… Full Article
ge Vocational School Owner Charged With Fraud By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The California Department of Insurance announced that the owner of a private vocational school was charged with 11 felonies for allegedly submitting fraudulent bills to work comp carriers and failing… Full Article
ge CHP Captain Arrested for Alleged Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 The California Highway Patrol announced that a former captain was arrested on suspicion of workers' compensation insurance fraud and theft. Matthew Stover, 51, was arrested without incident in Folsom Thursday on… Full Article
ge Widow Misses Deadline to Challenge Denial of Claim by 1 Day By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,… Full Article
ge Supreme Court Says Employer Can't Contract to Create Liability for Negligence By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical… Full Article
ge OccMD Names Cheryl Killion Director of Nurse Case Management By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case… Full Article
ge IAIABC Announces NextGen Award Winners By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 The International Association of Industrial Accident Boards and Commissions announced the recipients of its NextGen Award recognizing young professionals who are having a positive effect on their organizations and the… Full Article
ge Crowdstrike Outage Hits Comp Agencies By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 EDITOR’S NOTE: The New York State Workers Compensation Board said Friday afternoon that the majority of online services should now be restored. “Users may still experience lingering issues with some applications,”… Full Article
ge Court Dismisses Employer's Challenge to Review Board Order By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under… Full Article
ge Comp Agencies Report Disruptions From Tech Outage By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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,… Full Article
ge Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit… Full Article
ge NCCI Study Finds Average Impairment Rating of 6.5% By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance said its analysis of impairment ratings in 33 states plus the District of Columbia found that the average whole-body impairment rating for permanently disabled… Full Article
ge Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
ge Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to… Full Article
ge Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Massachusetts Appeals Court ruled that an insurance company that was not contributing any assessments to the Workers’ Compensation Trust Fund was still eligible for reimbursement for benefits paid to… Full Article
ge 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
ge Worker Gets Benefits for Shoulder Injury From Slip and Fall By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund… Full Article
ge Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute… Full Article