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…
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 Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished.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…
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…
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.
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…
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.,…
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…
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…
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 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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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 -…
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…
This program includes over 120 hours of state-required training to become a licensed Claims Adjuster in California. …
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…
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,…
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,…
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:…
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.
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…
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…
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…
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.
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…
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…
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…
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…
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…
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,…
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.
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…
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…