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Worker Not Entitled to Summary Judgment on Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claims for an alleged fall from a ladder. Case: Injai v. Circle F…




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Worker Not Entitled to Relief From Adverse Summary Judgment

A New York appellate court ruled that an injured worker could not obtain relief from an adverse grant of summary judgment. Case: Benegas v. Ardsley Country Club Inc., Nos. 2020-04106 and…




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Report: WCB Says Patriots Owe $24,000 for Not Having Comp

The New York State Workers' Compensation Board is trying to collect a $24,000 fine from the New England Patriots for not having workers' compensation coverage, according to a report by…




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Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall

The New Jersey Superior Court’s Appellate Division overturned a grant of summary judgment dismissing a hospital worker’s suit for damages from a fall in a parking garage. Case: Barrett v. Hackensack…




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Court Upholds Finding That Truck Driver Was Ag Worker Not Covered by Comp

The Delaware Superior Court said the Industrial Accident Board did not err when it held that a truck driver was a farmworker and therefore not entitled to workers’ compensation benefits…




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Carrier Must Modify Notice of Acceptance Upon Receiving IME Report

The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by…




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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Worker Left Quadriplegic Fails to Timely Notify Carrier

The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120…




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Injured Firefighter Not Entitled to Reinstatement of Benefits

The Commonwealth Court of Pennsylvania ruled that an injured firefighter was not entitled to reinstatement of his benefits. Case: Marinack v. City of Pittsburgh (WCAB), City of Pittsburgh v. Marinack (WCAB),…




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High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…




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Injured Worker May Not Set Aside Settlement With Employer

The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),…




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Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

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…




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Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process

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,…




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Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds

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.




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Second Injury Fund Not Liable for Worker's PTD

The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…




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Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case

A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to…




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Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements

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…




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Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




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Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation

The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled…




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Injured Worker Not Entitled to Expand Scope of Claim

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,…




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Worker Not Entitled to Expand Claim, Receive Additional MRI

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…




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Worker Not Entitled to Increased PPD Award

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award. Case: Alban v. West Virginia Division of…




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Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim

The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…




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Property Owner Not Entitled to Summary Dismissal of Suit

The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to…




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Work Comp Matters - Free Weekly Podcast - Episode 49: Indecent but Not Obscene

"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…




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DWC Adds Attorney Consultation Notice to Workplace Poster

The California Division of Workers’ Compensation updated a poster employers are required to display in the workplace to add language advising people of their right to consult an attorney following…




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WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




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Law Enforcement Officer Not Entitled to Additional TTD or Treatment

West Virginia’s Intermediate Court of Appeals upheld the closure of an injured law enforcement officer’s claim and the denial of authorization for further treatment. Case: Robertson v. Brooks County Commission, No. 24-ICA-185,…




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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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Court Says Injured Worker Not Entitled to Participate in Vocational Rehab

An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No.  22AP-667, 06/11/2024, published. Facts and procedural…




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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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Employer Not Entitled to Relief From VSSR Award

An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice…




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Worker Not Entitled to Mandamus Relief From Denial of Claim

The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay…




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Mediation Process for Comp Claims Not Mandatory

The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,…




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Supreme Court Says TTD Award Not Immediately Appealable

The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v.




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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




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Crane Service Has Single Citation Reinstated, Another Dismissed

The Kentucky Court of Appeals upheld the dismissal of a citation against a crane service provider but reinstated another. Case: Secretary of the Education & Labor Cabinet v. Sterett Crane and…




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Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills

The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd…




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DWC Posts Rulemaking Notice for Fee Schedule, Related Documents

The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC…




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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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Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her…




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Popular home blood pressure monitoring cuff devices may not fit some US adults

Research Highlights: An analysis of at-home blood-pressure monitors estimates that the arm cuffs for 10 of the most popular potentially do not fit up to 18 million adults in the U.S. and nearly 12% of Black adults. To ensure accurate blood pressure ...






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Importantes noticias: La menopausia puede afectar a la salud cardíaca de la mujer

DALLAS, 16 de octubre de 2024 — El riesgo de padecer enfermedades cardíacas aumenta con la edad en la mayoría de las personas. Sin embargo, en el caso de las mujeres, ese riesgo puede ser aún mayor. La transición a la menopausia, es decir, los años...




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Fear of another heart attack may be a major source of ongoing stress for survivors

Research Highlights: Fear of another heart attack was a significant ongoing contributor to how heart attack survivors perceive their health, according to a new study. While anxiety and depression are recognized as common conditions after a heart ...




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Lens International Design Conference 2022 Keynote: Redesigning Design

I am honoured to be invited by Shih Chien University College of Design to give a keynote speech during their Lens International Design Conference 2022 on January 7th 2022.   In the conference The Lens, design is interpreted as a multi-perspective lens that transforms all elements...

The post Lens International Design Conference 2022 Keynote: Redesigning Design appeared first on Design Sojourn. Please click above if you cannot see this post.




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Fintech uses Design but not in the way it should

  I was honoured to be invited last Friday (4th Nov 2022) to speak at the Singapore Fintech Festival’s Talent Pavilion organised by our partner WSG (Workforce Singapore). I shared why Fintech needs Design. But before I get into that, let me share a few...

The post Fintech uses Design but not in the way it should appeared first on Design Sojourn. Please click above if you cannot see this post.




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Collective Force of Head Hits, Not Just the Number of Them, Increases Odds of C.T.E.

Chronic traumatic encephalopathy (CTE) is a neurodegenerative tauopathy associated with repetitive head impacts. These findings implicate cumulative head impact intensity in CTE pathogenesis.