co Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could… Full Article
co Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung… Full Article
co Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more… Full Article
co Court Overturns Finding That Worker Timely Reported Injury By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within… Full Article
co High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts… Full Article
co High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article
co Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate… Full Article
co Senate Confirms Reappointment of Commissioner Gillen By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 The North Carolina Senate unanimously confirmed the reappointment of James C. Gillen to the state Industrial Commission. James C. Gillen The Carolina Journal reports that the Senate on Thursday voted 45-0… Full Article
co No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v. Full Article
co Industrial Commission Opens Registration for Annual Conference By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will… Full Article
co Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
co Court Upholds Calculation of Pipe Fitter's AWW By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld the calculation of a union pipe fitter’s average weekly wage from a project where he was injured. Merck Pharmaceutical contracted with Jacobs Project Management… Full Article
co Court Says Injured Worker Not Entitled to Participate in Vocational Rehab By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No. 22AP-667, 06/11/2024, published. Facts and procedural… Full Article
co Court Overturns VSSR Award for Worker With Chemical Burns By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel… Full Article
co Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:… Full Article
co Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder… Full Article
co Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim… Full Article
co Court Clarifies Extent to Which Partial Amputation Results in Total Loss By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of… Full Article
co Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry… Full Article
co Worker Gets Writ Directing Commission to Consider His Entitlement to TTD By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State… Full Article
co Court Didn't Abuse Discretion in Denying Sanctions Without Hearing By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic… Full Article
co Business Owner Pleads Guilty to Workers' Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received… Full Article
co Court Rejects Employer's Challenge to Loss-of-Use Award By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America… Full Article
co High Court Remands AOE Determination for Unobserved Fall By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The… Full Article
co ACF Form: How to convert form to Bootstrap 4 By www.acf-extended.com Published On :: Fri, 03 May 2019 13:16:21 +0000 ACF Form is an awesome tool. It can be used in many scenarios. But when it comes to front-end display, it can become tricky to make it compatible with the actual WordPress theme. In this tutorial we’ll see how to make ACF Form use Bootstrap 4 logic. Deregister native ACF Form front styles First, we […] Full Article News
co Mediation Process for Comp Claims Not Mandatory By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,… Full Article
co Supreme Court Says TTD Award Not Immediately Appealable By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Full Article
co Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,… Full Article
co Court Upholds Denial of Benefits for Cumulative Trauma Claim By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,… Full Article
co Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
co Governor Appoints Members of Nominating Committee By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 Kentucky Gov. Andy Beshear reappointed two members to the committee that nominates candidates for vacant workers’ compensation administrative law judge positions. Beshear reappointed Grover Arnett and Kenneth Dietz to the Workers’… Full Article
co Attorney Suspended for Misconduct By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was… Full Article
co Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter… Full Article
co Court Upholds Award for Worker With Cumulative Trauma Back Injury By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper… Full Article
co Court Remands Worker's PTD Claim for Fourth Time By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:… Full Article
co Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United… Full Article
co Insurance Department Announces 8.4% Loss Cost Reduction By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon… Full Article
co Court Upholds Denial of Coverage for Worker's Opioid Medication By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy… Full Article
co Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for… Full Article
co Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
co Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
co Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School… Full Article
co Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability… Full Article
co Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered… Full Article
co Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and… Full Article
co Comp Judge Nominating Commission Meeting Aug. 19 By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 Florida’s Statewide Nominating Commission for Judges of Compensation Claims will meet Aug. 19 in Orlando to interview judges for reappointment. The following judges are being considered for reappointment: William Anderson; Robert… Full Article
co NCCI Recommends 1% Rate Cut By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance recommended that the Florida Office of Insurance Regulation reduce workers’ compensation rates by an average of 1%, effective Jan. 1. NCCI said in a summary… Full Article
co CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first… Full Article
co Construction Labor Contractors Charged With Fraud By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 Federal prosecutors in Florida announced that five people were indicted on fraud charges for an alleged labor contracting scheme that was structured to avoid payroll taxes and comp coverage. The U.S. Full Article
co OSHA Cites Contractors for Fatal Fall By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 The federal Occupational Safety and Health Administration cited two contractors that it said could have prevented a fatal accident if they followed workplace safety rules. Jorge De La Torre, 27, died… Full Article