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Report: Lawmaker Failed to Report Outside Employment While Collecting Comp

The Connecticut Insider on Wednesday reported that a state lawmaker received more than $100,000 in workers’ compensation benefits despite having three outside sources of income that he never disclosed. Sen. Paul…




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Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102

The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a…




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No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall

The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:…




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Court Upholds Denial of Benefits for Worker Injured in Fall

The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community…




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WCC Commissioner Marshall Elected Chairman

The Virginia Workers’ Compensation Commission announced that Wesley G. Marshall was elected to a three-year term as chairman, effective Monday. Wesley G. Marshall Marshall succeeds Commissioner Robert A. Rapaport, whose term…




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Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards

The Virginia Court of Appeals upheld benefit awards of closed periods for an injured paramedic, finding that she failed to prove her entitlement to additional compensation. Case: Martinka v. PHI Group Inc.,…




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Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care

The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v.




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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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Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries

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…




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Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…




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No Additional Treatment, Benefits for Injured Mine Worker

The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No.




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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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NCCI Proposes 9.1% Loss Cost Reduction

The National Council on Compensation Insurance filed with the West Virginia Office of the Insurance Commissioner a proposed workers’ compensation loss cost decrease of 9.1%, effective Jan. 1. If approved, the…




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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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Court Says Injured Worker Can Get Additional Physical Therapy

The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.




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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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Split Supreme Court Upholds Finding of Worsened Condition for Worker

A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,…




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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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Federal Appellate Court Upholds Award of Black Lung Benefits

A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an…




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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 Can Recover Costs of Medical Treatment by Non-Intervening Providers

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…




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Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…




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Labor Department: Electronic Medical Records Update Includes Penalty

The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating…




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Trucking Company Fined After Worker Dies in Confined Space

The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker…




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Comp Division Seeks Comments on Independent Medical Exam Rules

The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering…




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Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits

A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident…




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DWC Seeks Comments on Proposed Changes to Report Forms

The Texas Division of Workers’ Compensation seeks public comment on changes to a trio of report forms. The division said it has updated the following forms to conform to the agency’s standards,…




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DWC Seeks Comments on Telemedicine Rules

The Texas Division of Workers’ Compensation seeks public comments on draft rules that would allow doctors to use telemedicine to perform maximum medical improvement examinations. “For example, when a treating doctor treats…




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Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…




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ICT Sets Webinar on Social Media in Claims Resolution

The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…




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DWC Posts Proposed 2025 Research Agenda

The Texas Division of Workers’ Compensation posted for public comment a copy of the proposed 2025 agenda for its Workers’ Compensation Research and Evaluation Group. The group is proposing three projects…




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Federal Court Sends Worker's Jones Act Claim Back to State Level

A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the…




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Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…




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DWC Seeks Input on 2025 Medical Audit Plan

The Texas Division of Workers’ Compensation is accepting comments on the 2025 Medical Quality Review Annual Audit Plan through Nov. 22. The annual plan establishes priorities for the Medical Quality Review…




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Court Upholds Restitution Order Against Convicted Fraudster

The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,…




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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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WCB Accepts Comments on Proposed 2025 Fee Schedule

The Alaska Workers’ Compensation Board is accepting comments on its proposed 2025 Medical Fee Schedule. The board said system users can submit written comments on the proposed changes through Oct. 9…




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Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien

The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery. Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT,…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Court Overturns Award for Alleged Mold Exposure

The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,…




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Companies Fined $650,000 After Worker Dies in Storage Facility

Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State…




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Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim

The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of…




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Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




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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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Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth

The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina…




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Construction Company Fined for Using Crane to Lift Workers

The Washington State Department of Labor and Industries said a Seattle construction company is facing $155,300 in fines for knowingly putting workers at serious risk of injury or death by…




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Cabinet Maker Fined $187,000 for Refusing to Abate Hazards

The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I…




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L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits

A man who allegedly started a metal fabrication shop just weeks after suffering a workplace injury was charged with felony theft for allegedly stealing about $340,000 in indemnity benefits, the…




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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…