co High Court Suspends Attorney for Nine Months By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been… Full Article
co High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,… Full Article
co Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years… Full Article
co High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her… Full Article
co Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager. Full Article
co Multifaceted Comp Bill Heads to Governor By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Illinois General Assembly sent the governor a recently amended bill including provisions that would increase surcharges by 8% and charge the state attorney general with collecting unpaid penalties for… Full Article
co Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American… Full Article
co Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:… Full Article
co Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:… Full Article
co Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an… Full Article
co Court Upholds Summary Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008. Full Article
co Audit Finds 'Major Improvement' in City's Comp Program Under TPA By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the… Full Article
co Chamber, Self-Insurers' Association Open Registration for Work Comp Conference By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law… Full Article
co Comp Attorney James Keefe Sr. Dies at 68 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said… Full Article
co Court Rejects Police Officer's Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No. 406 C.D. 2023,… Full Article
co Supreme Court to Weigh in on Statutory Employer Defense By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is… Full Article
co Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,… Full Article
co Court Upholds Denial of Worker's Claim for Lead-Exposure Injury By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,… Full Article
co Labor Committee Hears Testimony on Misclassification By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of… Full Article
co Court Upholds Dismissal of Worker's Untimely Appeal By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,… Full Article
co Court Rejects Municipal Worker's Constitutional Challenges to IRE Procedures By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,… Full Article
co Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
co High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 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… Full Article
co Court Upholds Modification of Worker's Benefits for Specific Loss By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v. Full Article
co Court Rejects Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a… Full Article
co Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D. Full Article
co Court Rejects Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:… Full Article
co Supreme Court to Address Exception to Going-and-Coming Rule By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez… Full Article
co Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid… Full Article
co Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City… Full Article
co Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 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,… Full Article
co Supreme Court Grants Review of Drug Fee Schedule Dispute By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values… Full Article
co Court Upholds Modification of Worker's Status to Partially Disabled By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural… Full Article
co Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:… Full Article
co Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,… Full Article
co WCRI Webinar to Cover System Trends By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a webinar on Oct. 2 to cover key findings from the latest editions of its CompScope Benchmarks and Medical Benchmarks for Pennsylvania, as… Full Article
co Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at… Full Article
co Court Upholds Employer's Entitlement to Terminate Worker's Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,… Full Article
co Court: WCJ Needs to Revisit Contingency Fee Agreement By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane… Full Article
co Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The… Full Article
co Court Upholds UR Determination That Worker's Treatments Weren't Necessary By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He… Full Article
co Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D. Full Article
co Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
co Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for… Full Article
co Second Injury Fund Not Liable for Worker's PTD By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 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… Full Article
co Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
co Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as… Full Article
co High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 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… Full Article
co Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
co Commissioner Announces CIGA, WCIRB Appointments By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 California Insurance Commissioner Ricardo Lara on Tuesday announced two appointments to the Workers’ Compensation Insurance Rating Bureau Governing Committee and the California Insurance Guarantee Association board of governors. C. Bryan Little (www.fels.net) … Full Article