The Oregon Department of Consumer and Business Services reported that it received notice of 42 fatalities accepted for workers’ compensation benefits in 2023. The 42 compensable workplace fatalities represent a 40%…

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.

The Illinois Appellate Court ruled that the Public Employee Disability Act does not prohibit an employer from withholding taxes from a worker’s benefits. Case: Bitner v. City of Pekin, No. 4-23-0718,…

The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:…

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert…

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.

The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp.

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…

The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,…

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…

The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v.

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 ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute…

A divided West Virginia Supreme Court upheld the closure of a worker’s claim for temporary total disability benefits and the denial of his request to expand the scope of his…

The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for…

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…

A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,…

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…

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…

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…

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…

The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from…

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:…

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…

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.

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

Recent changes to both Inpatient and Outpatient facility billing for 2015.

Advanced Litigation Skills: MSC, Trial and Appellate Process - Part (2/2)…

From intake, case management, billing, collections, negotiations to preparing the cases for hearings and trials. Training will include any and all processes and workflows that practices have to follow or…

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.

The California non-attorney Hearing Representative and Lien Representative is required to know how to prepare for and litigate a workers’ compensation case or lien claim before a WCAB Judge. This…

"Cross Examining Medical Professionals & Cumulative Trauma Litigation" is an all-day program devoted to legal and medical-legal issues that defense attorneys are confronted with in every day practice.

Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial. Understand how to Litigate a Workers’ Comp Case, when the primary issue is Permanent Disability. This…

"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…

WCAB Marina del Rey issues will be discussed in depth. …

This program explores the updates to litigation and case law for 2018. The panel of judges will help support the student's development of understanding common mistakes in strict rating, case…

Top Tips for Prepping Your Case for Trial Nailing the Doctor’s deposition Bullet Proving Your Medical Evidence Secrets Everyone Needs to Know About How to Accurately Rate PD WC Litigation Pitfalls and Pratfalls in…

This program will educate attorneys and claims adjusters on the various methods for assessing the credibility of psychiatric injury claims. Attorneys will gain a better understanding of psychological testing and…

Laura Wilson is on everybody's top five list of vocational rehabilitation expert's. This week on Work Comp matters she talks to Steve about her career in California Worker's Compensation. …

Discussion will include: Roadmap for Prepping Your Case for Trial, Common Discovery Mistakes and How Not to Make Them, Ex Parte Issues that Can Tank your Case, Don’t Let Psych…

This week on Work Comp Matters, Steve, Mark Reed, Robert and Mike talk about the Measles and the anti-vaccine, Police use of force, State Compensation Insurance Fund Utilization Review, and…

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…

The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June…

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…