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Podcast 94: George Herbert Walker Bush

This week Steve, Robert & Mike discuss George Herbert Walker Bush, Self Driving Cars and all the other News of the Week. Steve discusses his lunch meeting with President &…




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Work Comp Matters - Episode 114: Revenge Politics

This week on Work Comp Matters, Steve, Mark Reed, Robert and Mike talk about the Measles and the anti-vaccine, Police use of force, State Compensation Insurance Fund Utilization Review, and…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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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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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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CLARA Analytics Names Eugene Wong CFO

CLARA Analytics announced that it hired Eugene Wong as chief financial officer. Eugene Wong Wong brings more than 15 years of finance and operating experience to his new role with the…




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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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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental…




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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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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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AG Says State Could Get $122M in Kroger Opioid Settlement

California Attorney General Rob Bonta announced the state could receive up to $122 million from Kroger through a settlement that resolves allegations that the grocery chain failed to oversee the…




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WCIRB Webinar to Cover Geographic Differences in Claims

The Workers’ Compensation Insurance Rating Bureau will present the findings from its latest study on the variation of claim characteristics in different parts of California during a Dec. 4 webinar. Since…




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Worker Gets 0% Award for Occupational Pneumconiosis

West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster…




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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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L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym

A worker collecting benefits for a back injury is facing fraud charges after he was reportedly observed lifting weights at a gym that exceeded the five-pound restriction his physician imposed,…




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Court Says Damages Award Inadequate

A New York appellate court overturned an award of damages after a defendant’s default in a Labor Law case, finding the award inadequate. Case: Sharif v. Pritam Property Inc., Nos. 2021-09103…




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No Disability Pension for Police Officer Who Refused Surgery

The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury. Case: Shirley v. Village of Clarendon Hills Police Pension…




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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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Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety

Join WCC + MTI America for an overview of the latest technologies in our space. Panelists will review new apps and technologies and how they are being used to impact…




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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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The Power of Virtual Reality: Immersive Therapeutics for Chronic Back Pain Management

CBP is a prevalent, complex, and expensive condition that carries a significant health economic burden in the US. For Injured Workers who experience persistent pain, the ability to participate in…




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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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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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Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor

The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney…




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Bill Proposes Comp Coverage for Public School Teachers

The first bill filed ahead of the 2025 legislative session would provide workers’ compensation benefits to Alabama’s public school teachers. Senate Bill 1, by Sen. Sam Givhan, R-Huntsville, would create the…




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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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Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award

A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




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Worker Gets Writ Directing Commission to Consider His Entitlement to TTD

An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State…




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Court Rejects Employer's Challenge to Loss-of-Use Award

An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America…




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Cancer-Stricken Firefighter Gets PPD Award

An Ohio appellate court upheld an award of permanent partial disability benefits for a cancer-stricken firefighter. Case: State ex rel. City of Cincinnati v. Industrial Commission, No. 23AP-332, 10/17/2024, published. Facts: Michael…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




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Worker Gets No TTD for Time After Termination Until Back Surgery

The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he…




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Worker's PTD Claim Sent Back to Judge for Further Findings

The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v.




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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Judge Whiffs in Calculating Pro Baseball Player's Average Weekly Wage

A Florida appellate court ruled that a judge of compensation claims erroneously calculated a minor league baseball player’s average weekly wage. Austin Sodders entered into a seven-year minor league contract with…




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Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud

A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability…




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Comp Judge Nominating Commission Meeting Aug. 19

Florida’s Statewide Nominating Commission for Judges of Compensation Claims will meet Aug. 19 in Orlando to interview judges for reappointment. The following judges are being considered for reappointment: William Anderson; Robert…




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Construction Labor Contractors Charged With Fraud

Federal prosecutors in Florida announced that five people were indicted on fraud charges for an alleged labor contracting scheme that was structured to avoid payroll taxes and comp coverage. The U.S.




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Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

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…




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ICA Names New Safety and Health Program Manager

The Industrial Commission of Arizona announced that Joanna Martelles was chosen to serve in the newly created position of Safety and Health Program manager. The new position will be tasked with…




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Performer Injured During Jousting Match Not Subject to Comp Coverage

A Louisiana appellate court ruled that a worker injured while participating in a jousting demonstration was exempt from coverage under the state Workers’ Compensation Act as a “performer.” Case: McKeane v.




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro…




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Injured Firefighter Successfully Challenges Reduction in Benefits

A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost…




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Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for…




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Worker Fails to Prove Employer's Payroll Met Threshold for Coverage

The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v.




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OSHA Fines Waste Management Company $367,410

The federal Occupational Safety and Health Administration fined a Wisconsin waste management company $367,410 for violations identified during the investigation of a workplace injury. OSHA said a worker at John’s Disposal Services,…