war Supreme Court Overturns PPD Award on Deficiencies in Apportionment Opinion By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed… Full Article
war Supreme Court Upholds Award to Worker for Electric Shock Injury By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for… Full Article
war Split Supreme Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered… Full Article
war Supreme Court Upholds PPD Award for Worker With Ankle Injury By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,… Full Article
war Worker Struck by Forklift Gets Additional PPD Award By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. Full Article
war Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
war Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
war Court Upholds 1% PPD Award for Worker With Knee Injury By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
war Widow of Worker With Leukemia Gets Award of Death Benefits By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc. Full Article
war Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an… Full Article
war Supreme Court Upholds Award of Occupational Disease Death Benefits By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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. Full Article
war Supreme Court Upholds Increase in Worker's PPD Award By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie… Full Article
war Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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. Full Article
war Worker Not Entitled to Increased PPD Award By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award. Case: Alban v. West Virginia Division of… Full Article
war Health Care Worker Gets 0% Award for Injuries By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,… Full Article
war Court Upholds Worker's 1% PPD Award for Knee Injury By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 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… Full Article
war No Increase in Worker's PPD Award for Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Lucey v. Murray… Full Article
war Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 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.,… Full Article
war Report: DOE Awards New Contract for Hanford Comp Claims By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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… Full Article
war Court Overturns Jury Award to Flight Attendant for COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 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… Full Article
war Work Comp Matters - Free Weekly Podcast - Episode 36: War By ww3.workcompcentral.com Published On :: Thu, 07 Sep 2017 14:54:07 -0700 "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… Full Article
war Driver's Widow Gets Award for His Death from COVID-19 By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,… Full Article
war Injured Worker Failed to Prove Extreme Hardship Warranting Reclassification By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 A New York appellate court upheld the denial of a worker’s request for an extreme hardship redetermination. Case: Matter of Brown v. Plans Plus Ltd., No. CV-23-0250, 10/10/2024, published. Facts and procedural… Full Article
war Court Awards Worker Benefits for Back Injury, Authorizes MRI By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 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… Full Article
war Court Upholds Award for Worker's Elbow Injury from Fall By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 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:… Full Article
war Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 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… Full Article
war Worker Gets 0% Award for Occupational Pneumconiosis By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster… Full Article
war Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi… Full Article
war Court Says Damages Award Inadequate By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 A New York appellate court overturned an award of damages after a defendant’s default in a Labor Law case, finding the award inadequate. Case: Sharif v. Pritam Property Inc., Nos. 2021-09103… Full Article
war Part 1 - PTSD Awareness for Work Comp Professionals By ww3.workcompcentral.com Published On :: Mon, 06 May 2024 08:09:12 -0700 Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part… Full Article
war Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
war Court Upholds Award of PTD Benefits for Former Walmart Worker By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a… Full Article
war 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
war 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
war 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
war 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
war BWC Awards $9.4M in Grants for Safety Projects By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation awarded $9.4 million in grants for workplace safety projects. The Workforce Safety Innovation Grants disbursed this year are funding four proof-of-concept projects and four prototype… Full Article
war 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
war Employer Not Entitled to Relief From VSSR Award By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice… Full Article
war Worker's Fraud Results in Award Declared Overpayment By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for… Full Article
war Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its… Full Article
war Cancer-Stricken Firefighter Gets PPD Award By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld an award of permanent partial disability benefits for a cancer-stricken firefighter. Case: State ex rel. City of Cincinnati v. Industrial Commission, No. 23AP-332, 10/17/2024, published. Facts: Michael… Full Article
war 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
war 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
war 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
war 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
war Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell… Full Article
war Supreme Court Reinstates PTD Award for Worker With Back Injury By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article
war Injured Deputy Doesn't Prove Entitlement to PTD Award By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked… Full Article
war Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals ruled that an injured nurse was entitled to benefits for a closed period and that the Workers’ Compensation Commission erred in calculating her average weekly wage. Rachel… Full Article