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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially…




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CMS Updates Set-Aside Reference Guide

The U.S. Centers for Medicare and Medicaid Services updated its work comp set-aside reference guide to add expand a section that addresses coordinating benefit payments with other health insurers. CMS on…




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Tower MSA Webinar to Cover Set-Asides

Tower MSA Partners is holding a webinar Oct. 2  covering the ins and outs of Medicare set-asides. Dan Anders The program will cover topics including the appropriate time to obtain a…




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DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

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…




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Senate Committee Passes Bill to Increase Provider Options for Federal Workers

The U.S. Senate Homeland Security and Government Affairs Committee passed a bill that would authorize physician assistants and nurse practitioners to treat injured federal workers. The committee on Wednesday voted 12-3…




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Court Tosses Appeal of Stay Order as Moot

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.




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Supreme Court Suspends Attorney Who Mishandled Comp Cases

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…




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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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Senators Float Classifying Substance Abuse as Occupational Hazard

Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if…




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Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease

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…




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NCCI Proposes 12% Loss Cost Decrease

The National Council on Compensation Insurance submitted a rate filing recommending that the Virginia State Corporation Commission reduce loss costs by 12%, effective April 1. The filing also recommends a 15.8%…




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Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment

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…




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Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car

The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist…




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No Death Benefits for Widow in Asbestos Exposure Claim

The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure…




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Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…




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Coal Miner Gets Increased Award Despite Improved Condition After Lung Transplant

The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone…




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Board Applies Wrong Compensability Standard to Asbestos Claim

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…




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No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…




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Split Supreme Court Upholds Increase in Worker's Award for Back Injury

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…




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Court Finds Worker Has No Impairment Despite 43 Years of Coal Dust Exposure

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…




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Worker Fails in Bid for PPD Increase

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his award for occupational pneumoconiosis. Case: Puleo v. Coronado Group LLC, No.




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Court Upholds Increase in Worker's Award for Back Injury

West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight…




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Supreme Court Upholds Award of Occupational Disease Death Benefits

The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A.




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Supreme Court Upholds Increase in Worker's PPD Award

The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie…




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Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure

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.




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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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No Increase in Worker's PPD Award for Occupational Pneumoconiosis

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 for occupational pneumoconiosis. Case: Lucey v. Murray…




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Department Releases Training Video

The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The…




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Voc Rehab Fees Increasing 2.62%

The Minnesota Department of Labor and Industry announced that maximum hourly fees for vocational rehabilitation services are increasing 2.62%, effective Oct. 1. The department said the maximum qualified rehabilitation consultant hourly…




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Governor Approves Benefit Increase

Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on…




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ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits

The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific…




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Doctor May Consider All Relevant Body Parts in Assessing MMI

In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body…




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Research Group Releases Report on Access to Care

The Texas Workers' Compensation Research and Evaluation Group released a new report on access to care in the Lone Star State's workers' compensation system between 2017 and 2022. This report measures the availability…




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Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim

A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…




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Benefits Increase 3.8% Oct. 1

Benefits are increasing by about 3.8% for injuries sustained on or after Oct. 1, according to information that the Texas Division of Workers’ Compensation posted on its website. The maximum temporary…




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Governor Approves Increase in Reemployment Plan Cost

Alaska Gov. Mike Dunleavy signed a bill increasing the cap on payments for reemployment plans by 66.5%. Alaska law allows injured workers who are not able to return to employment after…




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Friendship-Based Employment Can Fall Within Scope of Comp System

The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all…




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Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee

The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No.




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Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

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…




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Insurance Administration Announces Increase in Penalties

The Maryland Insurance Administration announced that penalties for certain statutory violations will increase on Oct. 1. The maximum penalty the administration can impose on an unauthorized insurer or person engaging in the…




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Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification

The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against…




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Interpreters File Class Action Suit for Unpaid Wages

The Washington Federation of State Employees and four interpreters filed a putative class action lawsuit against the Department of Labor and Industries over alleged unpaid wages for services provided to…




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L&I Proposes 3.8% Rate Increase

The Washington State Department of Labor and Industries is proposing a 3.8% increase in the average hourly rate employers and workers will pay for comp coverage next year. If the proposal…




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Claims School Seminar to Explore Return to Work, Case Law and IMEs

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…




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Almaraz/Guzman: Past, Present & Future (2 of 3)

This one-hour session will provide an overview and analysis of recent case law focused on Almaraz/Guzman ratings.




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Catastrophic Injury: How to Maximize or Minimize Exposure

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…




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Comorbidities and the Cost of Chronic Disease

85% of Americans have one or more chronic diseases. These diseases delay recovery and healing of an injured worker. This webinar will teach you how to recognize comorbidities, manage them,…




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Workers' Compensation Basics, History, Terms, Benefits, SJDB

The Claims Specialist's Start Guide: CA Adjuster Cert Process, Historical Overview, Organizational Structure of WC System, WC Terms and Concepts, Basic Benefits & TD and SJDB Vouchers.




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CLRA: Advanced Lien Rep Test Assessment

This is a test-only course for the CLRA. All CLRA students must complete this test assessment.




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CLR: Lien Rep Test Assessment

This is a test-only course for the CLR. All CLR students must complete this test assessment.