ed Report: Lawmaker Failed to Report Outside Employment While Collecting Comp By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 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… Full Article
ed Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102 By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 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… Full Article
ed No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 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 Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished.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:… Full Article
ed Court Upholds Denial of Benefits for Worker Injured in Fall By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 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… Full Article
ed WCC Commissioner Marshall Elected Chairman By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 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… Full Article
ed Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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.,… Full Article
ed Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 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. Full Article
ed Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 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… Full Article
ed Coal Miner Gets Increased Award Despite Improved Condition After Lung Transplant By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 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… Full Article
ed Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
ed Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 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:… Full Article
ed No Additional Treatment, Benefits for Injured Mine Worker By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 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. Full Article
ed Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 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… Full Article
ed NCCI Proposes 9.1% Loss Cost Reduction By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 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… Full Article
ed No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 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… Full Article
ed Court Says Injured Worker Can Get Additional Physical Therapy By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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. Full Article
ed Injured Worker Not Entitled to Expand Scope of Claim By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 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,… Full Article
ed Split Supreme Court Upholds Finding of Worsened Condition for Worker By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 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,… Full Article
ed Worker Not Entitled to Expand Claim, Receive Additional MRI By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 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… Full Article
ed Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 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… Full Article
ed Worker Not Entitled to Increased PPD Award By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
ed Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 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… Full Article
ed Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 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… Full Article
ed Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 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… Full Article
ed Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 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… Full Article
ed Comp Division Seeks Comments on Independent Medical Exam Rules By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 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… Full Article
ed Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
ed DWC Seeks Comments on Proposed Changes to Report Forms By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 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,… Full Article
ed DWC Seeks Comments on Telemedicine Rules By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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… Full Article
ed Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
ed ICT Sets Webinar on Social Media in Claims Resolution By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 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… Full Article
ed DWC Posts Proposed 2025 Research Agenda By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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… Full Article
ed Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
ed Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 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… Full Article
ed DWC Seeks Input on 2025 Medical Audit Plan By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 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… Full Article
ed Court Upholds Restitution Order Against Convicted Fraudster By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 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,… Full Article
ed Friendship-Based Employment Can Fall Within Scope of Comp System By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 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… Full Article
ed WCB Accepts Comments on Proposed 2025 Fee Schedule By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
ed Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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,… Full Article
ed Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 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… Full Article
ed Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 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.,… Full Article
ed Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
ed Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article
ed Adult Family Home Owner Accused of Double Dipping By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 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… Full Article
ed Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
ed Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 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… Full Article
ed Construction Company Fined for Using Crane to Lift Workers By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 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… Full Article
ed Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 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… Full Article
ed L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
ed Property Owner Not Entitled to Summary Dismissal of Suit By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 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… Full Article