A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in…

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…

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…

The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A.

The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v.

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…

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…

A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…

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…

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…

The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics…

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…

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…

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:…

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.

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail…

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…

This one-hour session will provide an in-depth look at how SB863 has impacted permanent disability outcomes and costs in the California Workers’ Compensation system.

Learn what constitutes proper billing, how to find and use fee schedules, documentation requirements and dispute resolution. Attendees will achieve a better understanding of the requirements for getting paid under…

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,…

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

This six hour course will cover the Burden of Proof on Causation of Disability and includes the ultimate checklist for handling a Guzman rebuttal case.

Join us for this half-day event on trial techniques and skills, covering the entirety of a trial from discovery to decision. The expert panel of instructors will discuss the most…

New for 2017 - learn all pertinent laws, skills and tools for lien issues starting January 2017. Specific focus will be applied to liens, costs and med-legal disputes in…

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…

This program provides updates for all pertinent laws, skills and tools for lien issues starting January 2018. Instructors will focus on liens, costs and med-legal disputes. This course will support…

Mark Reed is the pragmatic candidate for the 30th US Congressional District. In this edition of Work Comp matters Steve and the guys talk to Mark about the homeless, a…

A Pennsylvania court rejected an injured worker's request to disqualify a vocational expert on the basis that the expert's correspondence indicated he was a certified disability management specialist after his…

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.

The Oregon Workers' Compensation Board will discuss attorney fees during a Nov. 19 meeting. Board members will undertake the legally mandated biennial review of attorney fees. Part of the discussion will…

The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury. Case: Shirley v. Village of Clarendon Hills Police Pension…

Hon. Clint Feddersen designed this course to prepare experienced workers' compensation attorneys to become California Certified Legal Specialists in Workers' Compensation Law.

The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was…

The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing…

The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney…

The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s…

The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have…

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…

The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an…

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…

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:…

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…

The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure…

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…

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,…

The Kentucky Court of Appeals upheld the dismissal of a citation against a crane service provider but reinstated another. Case: Secretary of the Education & Labor Cabinet v. Sterett Crane and…

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…

The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier…

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…