claim Worker Not Entitled to Expand Claim, Receive Additional MRI By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim and for authorization for a magnetic resonance imaging scan. Case: Hill v. Lowe's Home… Full Article
claim Court Denies Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice… Full Article
claim Court Reopens Worker's Claim, Orders Development of Additional Evidence By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his… Full Article
claim Court Upholds Denial of Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No. Full Article
claim Supreme Court Upholds Denial of Worker's Occupational Pneumoconiosis Claim By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s occupational pneumoconiosis claim. Case: Lewis v. Columbia West Virginia Corp., No. 23-616, 09/23/2024, published. Facts: Jackie W. Lewis Sr. worked for… Full Article
claim Supreme Court Upholds Denial of Worker's Request to Expand Claim, Undergo Additional Imaging By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,… Full Article
claim Supreme Court Upholds Denial of Worker's Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins… Full Article
claim Worker Fails to Link Concussion Claim to Actions of Child Tapping Head By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a school worker’s claim of injury from a child tapping her on the head. Case: Hill v. Wyoming County Board of… Full Article
claim Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 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… Full Article
claim Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
claim Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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,… Full Article
claim Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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… Full Article
claim Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates… Full Article
claim Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
claim ICT Sets Webinar on Social Media in Claims Resolution By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development… Full Article
claim Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article
claim Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In… Full Article
claim Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
claim Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to… Full Article
claim Claimant Confusion Leads to Lawsuits Against Comp Attorney By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker… Full Article
claim 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
claim Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of… Full Article
claim Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
claim Appeals Court Reverses Order Precluding Worker From Making PPD Claims By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability… Full Article
claim Court Upholds Closure of Worker's Claim, Denial of Additional Treatment By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The Washington Court of Appeals upheld a decision closing a worker’s claim and denying her further treatment. Case: Creighton v. United Airlines Inc., No. 58293-7-II, 08/27/2024, unpublished. Facts: Tamra Creighton worked for… Full Article
claim Claims School Seminar to Explore Return to Work, Case Law and IMEs By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical… Full Article
claim State Lacks Jurisdiction Over Worker's Injury Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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… Full Article
claim Claim Investigation: Tactics, Strategies and Fraud By ww3.workcompcentral.com Published On :: Wed, 23 Mar 2005 16:23:02 -0800 The claims professional is the decision maker with respect to compensability of any claimed injury, and with respect to the benefits that are to be voluntarily paid. These decisions will… Full Article
claim Claims Adjuster Quiz By ww3.workcompcentral.com Published On :: Thu, 21 Jul 2016 08:31:11 -0700 This is a test-only course for the 120-Hour California Claims Adjuster Credential. All adjusters who complete the This is a test-only course for the 120-Hour California Claims Adjuster Credential program,… Full Article
claim Adjuster Claims Handling, Settlement, Arbitration and Mediation By ww3.workcompcentral.com Published On :: Mon, 01 Feb 2016 10:23:45 -0800 Presented in Partnership with Adelson, Testan, Brundo, Novell & Jimenez. Discussion will include: - Judicial Litigation Tips (Death Benefits, Penalties, Sanctions, Other Remedies) - Ethics - Claims Handling - Subrogation - Settlements - Arbitration -… Full Article
claim Assessing the Credibility of Psychiatric Claims By ww3.workcompcentral.com Published On :: Wed, 02 May 2018 15:24:24 -0700 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… Full Article
claim 120-Hour California Claims Adjuster Credential By ww3.workcompcentral.com Published On :: Wed, 20 Feb 2019 15:26:59 -0800 This program includes over 120 hours of state-required training to become a licensed Claims Adjuster in California. … Full Article
claim Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to… Full Article
claim Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC, No. 22340/19,… Full Article
claim Court Overturns Summary Judgment on Defendant's Indemnification Claim By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18,… Full Article
claim Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:… Full Article
claim Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 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. Full Article
claim Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the closure of a worker’s claim, the denial of his requests for additional treatment and the denial of his request to expand the… Full Article
claim Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina… Full Article
claim Court Upholds Denial of Coal Miner's Claim for Injuries from Fall By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders… Full Article
claim Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v. Full Article
claim WCIRB Webinar to Cover Geographic Differences in Claims By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 The Workers’ Compensation Insurance Rating Bureau will present the findings from its latest study on the variation of claim characteristics in different parts of California during a Dec. 4 webinar. Since… Full Article
claim Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
claim Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift… Full Article
claim State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund… Full Article
claim Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the… Full Article
claim L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A worker collecting benefits for a back injury is facing fraud charges after he was reportedly observed lifting weights at a gym that exceeded the five-pound restriction his physician imposed,… Full Article
claim Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v. Full Article
claim Court Upholds Denial of School Employee's Wrist Injury Claim By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 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… Full Article
claim Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim. Case: Ruiz v. BOP 245… Full Article