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Court Upholds 1% PPD Award for Worker With Knee Injury

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville…




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Supreme Court Upholds Denial of PPD for Worker's Back Injury

The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar…




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Court Upholds Worker's 1% PPD Award for Knee Injury

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas…




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OSHA Fines Furniture Maker Following Serious Injury

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…




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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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Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

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…




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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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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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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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State Lacks Jurisdiction Over Worker's Injury Claim

The Vermont Supreme Court upheld the summary dismissal of a worker’s claim for benefits for an out-of-state injury. Ian Burnett worked for Home Improvement Co. of Vermont. HIC is a Vermont…




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Anatomy and Injury Treatment Plans

Musculoskeletal injuries constitute the majority of industrial claims. Claims professionals will review many medical reports written by physicians who report their findings as they treat and evaluate injured workers. This…




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Catastrophic Injury: How to Maximize or Minimize Exposure

Learn the secrets, tips and tactics that demystify the handling of the catastrophic loss case. This seminar will equip attendees with a clear overview of the steps and stages each catastrophic…




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The Holistic Approach to Reducing Cost, Injury and Medication Use

The Holistic Approach to Reducing Cost, Injury and Medication Use…




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Worker Failed to Link Fall at Home to Prior Work-Related Ankle Injury

A New York appellate court ruled that a worker failed to establish her injuries from a fall at home were related to an ankle injury from an on-the-job accident which…




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Court Awards Worker Benefits for Back Injury, Authorizes MRI

West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to benefits for a back injury, and that he was entitled to a magnetic resonance imaging…




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Court Upholds Award for Worker's Elbow Injury from Fall

West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:…




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Court Upholds Finding of Compensability for Worker's Back Injury

West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked…




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Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Upholds Denial of School Employee's Wrist Injury Claim

The Oregon Court of Appeals upheld the denial of a school district employee’s claim of injury to her wrist. Krista Wilson worked for the Saint Helens School District as a special…




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Debunking Common Brain Injury Misconceptions

This webinar will equip workers' compensation professionals with essential knowledge and strategies to support TBI patients better, ensuring they receive the comprehensive care needed for both their physical injuries and…




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High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury

In a case of first impression, Maine’s highest court ruled that a worker was entitled to an award of specific-loss benefits for the loss of vision in his eye on…




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Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury'

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an…




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Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim

The Alabama Court of Civil Appeals ruled that a circuit court lacked jurisdiction over a worker’s claim for compensation for a work-related injury and that an individual member of the…




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Court Overturns Finding That Worker Timely Reported Injury

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…




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Worker Fired on Day of Injury Still Entitled to TTD

An Ohio appellate court ruled that a worker who was fired on the day of his injury was still entitled to temporary total disability benefits. Darius L. Jefferson worked for Giant…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




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Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…




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Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition

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…




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Court Upholds Award for Worker With Cumulative Trauma Back Injury

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…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




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Supreme Court Reinstates PTD Award for Worker With Back Injury

The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino…




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High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing…




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Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for…




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Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…




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State Fund Must Pay for Continuing Treatment of Worker's Injury

The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out…




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Childhood Stress Has A Greater Genetic Impact Than Brain Injury

A surprising thing happened when researchers began exploring whether early-life stress compounds the effects of a childhood head injury on health and behavior later in life: In an animal study, stress changed the activation level of many more genes in the brain than were changed by a bump to the head.




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A year after Maine mass shooting, gunman's family wants action on brain injury research in military

The family of the Army reservist who committed the October 2023 massacre in Lewiston wants to bring awareness to traumatic brain injuries among military members.




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American College of Surgeons Releases Revised Best Practices Guidelines in Management of Traumatic Brain Injury

The American College of Surgeons (ACS) has announced the release of its revised Best Practices Guidelines in the Management of Traumatic Brain Injury, offering healthcare providers comprehensive strategies to improve the care and outcomes of patients with traumatic brain injury (TBI).




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Recognizing traumatic brain injury as a chronic condition fosters better care over the survivor's lifetime

A commentary, published in the Journal of Neurotrauma, calls for traumatic brain injury to be recognized as a chronic condition as are diabetes, asthma, depression and heart failure. To provide comprehensive care for traumatic brain injury throughout individuals' lifespans, the authors propose that coordinated care models they and others have developed, tested and applied to various populations—including older adults, individuals living with depression and post-intensive care unit survivors—be adapted to improve communication and integration between brain injury specialists—including physical medicine and rehabilitation clinicians—and primary care physicians, fostering better long-term patient care for traumatic brain injury survivors and more support for both patients and their families.




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Can Ritalin Help Mitigate Brain Injury Symptoms?

Learn about the risks and benefits of taking Ritalin after a brain injury.




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Testing Brain Injury-Related Vision Issues with People Who Can’t Communicate

How do you test the vision of someone with TBI who cannot communicate — talk or respond otherwise to questions?




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Designing Houses for People with Brain Injury

Specific accessibility adaptations in the home depend on the person's specific impairments from TBI.




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A Brain Injury Does Not Mean a Person Loses His Civil Rights

The judicial system is very reluctant to deprive any individual of the freedom to make important financial and personal decisions.




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Why Does Everything Hurt So Much After Brain Injury?

More than 50 percent of people suffer from chronic pain disorders in the years following a brain injury. Getting the right treatment can be complex, but doable.




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Is It Okay to Engage in Heavy Lifting After a Brain Injury?

Oftentimes balance issues influence restrictions about lifting heavy objects after a brain injury.




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Changes in Taste, Smell, and Hormones After Brain Injury

How and why does a TBI change a person’s ability to taste and smell, and cold hands and feet, too?




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Can Symptoms of Hypopituitarism Present Years After a Brain Injury?

Symptoms of hypopituitarisma condition in which the pituitary gland does not produce normal amounts of some or all of its hormones would most likely show up soon after a TBI.




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It is Never Too Late to Get Rehabilitation for Brain Injury

A child with a brain injury may develop more injury-related issues as an adult.