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Pinnacol Urges Vigilance for Vehicle Safety

Colorado’s Pinnacol Assurance urged the state’s employers to be proactive in reviewing and enhancing their vehicle safety protocols, saying heavily traveled roads during summer months increase the risk of accidents. Pinnacol…




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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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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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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 Webinar to Cover Presiding Officer Directives

The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer…




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Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident

A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…




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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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Court Revives Worker's Challenge to Partial Denial of Claim

A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates…




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Nonsignatory Can't Compel Arbitration of Wrongful Death Claim

A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit…




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DWC Raises Discount Rate Slightly

The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the…




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DWC Seeks Input on Legislative Recommendations

The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it…




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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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DWC Webinar to Cover Wage Statements

The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD.




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Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date

A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,…




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Comp Division Proposes Changes to Pharmacy Benefit Rules

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…




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DWC Seeks Comments for Routine Rule Review

The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is…




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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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DWC Accepts Comments on Rule's Title Change

The Texas Division of Workers’ Compensation is accepting comments on a proposal to correct a duplicate regulatory section title. The DWC is proposing to rename Texas Administrative Code Section 147.10 “Commutation…




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Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer

A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…




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Registration Opens for Comp Conference

The Texas Division of Workers’ Compensation opened registration for its Workers’ Compensation Conference being held virtually in October. The conference will feature sessions covering topics that include artificial intelligence, average weekly…




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DWC Lowers Fourth-Quarter Discount Rate

The Texas Division of Workers’ Compensation announced that the discount interest rate will drop by more than a full percentage point during the final fiscal quarter. The division said any interest…




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Most Carriers Score Average or Better in 2024 PBO

All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that…




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Court Dismisses Carrier's Challenge to Compensability Finding

A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual…




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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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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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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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Claimant Confusion Leads to Lawsuits Against Comp Attorney

A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker…




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Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability

A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:…




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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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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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Court Overturns $8.7 Million Jury Verdict Against Vessel Owner

The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine…




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Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation

The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper…




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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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Report: DOE Awards New Contract for Hanford Comp Claims

The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…




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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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L&I Fines Roofing Companies $1.27M for Fall Safety Violations

The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said…




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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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Appeals Court Reverses Order Precluding Worker From Making PPD Claims

A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability…




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Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online

The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free…




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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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Court Overturns Jury Award to Flight Attendant for COVID-19 Infection

The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on…




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Court Upholds Closure of Worker's Claim, Denial of Additional Treatment

The Washington Court of Appeals upheld a decision closing a worker’s claim and denying her further treatment. Case: Creighton v. United Airlines Inc., No. 58293-7-II, 08/27/2024, unpublished. Facts: Tamra Creighton worked for…




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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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Workers' Compensation Insurance Policies and Principles




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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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Advanced Litigation Skills: Pre-Trial, Discovery and MSC - Part (1/2)

Advanced Litigation: Pre-Trial, Discovery and MSC - Part (1/2)…