fits Court Upholds Denial of Miner's Third Claim for Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal… Full Article
fits Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to… Full Article
fits Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and… Full Article
fits No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:… Full Article
fits Court Upholds Denial of Benefits for Worker Injured in Fall By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community… Full Article
fits Independent Contractor Can't Get Benefits for Injuries By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante… Full Article
fits Worker Gets Benefits for Shoulder Injury From Slip and Fall By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund… Full Article
fits Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist… Full Article
fits No Death Benefits for Widow in Asbestos Exposure Claim By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure… Full Article
fits No Additional Treatment, Benefits for Injured Mine Worker By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No. Full Article
fits Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled… Full Article
fits No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West… Full Article
fits No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:… Full Article
fits Supreme Court Upholds Denial of Worker's Request for Additional Benefits, Expansion of Claim By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin… Full Article
fits Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,… Full Article
fits Supreme Court Upholds Denial of PTD Benefits By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a denial of permanent partial disability benefits to an injured worker. Case: Underwood v. West Virginia Department of Health and Human Resources, No. 23-118, 08/01/2024,… Full Article
fits No Benefits for Widow of Man Who Had Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received… Full Article
fits 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
fits 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
fits 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
fits Supreme Court Denies Benefits for Hospital Worker's COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a… Full Article
fits ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific… Full Article
fits 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
fits No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
fits Benefits Increase 3.8% Oct. 1 By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 Benefits are increasing by about 3.8% for injuries sustained on or after Oct. 1, according to information that the Texas Division of Workers’ Compensation posted on its website. The maximum temporary… Full Article
fits Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina… Full Article
fits L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 A man who allegedly started a metal fabrication shop just weeks after suffering a workplace injury was charged with felony theft for allegedly stealing about $340,000 in indemnity benefits, the… Full Article
fits Workers' Compensation Basics, History, Terms, Benefits, SJDB By ww3.workcompcentral.com Published On :: Fri, 20 Feb 2015 08:08:54 -0800 The Claims Specialist's Start Guide: CA Adjuster Cert Process, Historical Overview, Organizational Structure of WC System, WC Terms and Concepts, Basic Benefits & TD and SJDB Vouchers. Full Article
fits Benefits Increasing 4.3% in January By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths will increase 4.3% in January to match an increase in the state's average weekly wage. The state's… Full Article
fits 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
fits Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental… Full Article
fits High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 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… Full Article
fits Employer Can't Escape Liability for Continuing Medical Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Alabama Court of Civil Appeals ruled that an employer could not be relieved of its obligation to provide continuing medical treatment to an injured worker after she aggravated her… Full Article
fits Court Denies Widower Benefits for Nursing Home Worker's Death By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional… Full Article
fits 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
fits Worker With Long History of Ailments Entitled to Temporary Disability Benefits By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an… Full Article
fits High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts… Full Article
fits No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v. Full Article
fits Court Upholds Denial of Benefits for Cumulative Trauma Claim By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,… Full Article
fits Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
fits Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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,… Full Article
fits Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 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… Full Article
fits 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
fits Maximum Weekly Benefits Increasing 4.84% By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1. “For injuries occurring on or after July… Full Article
fits JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,… Full Article
fits Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America… Full Article
fits Injured Firefighter Successfully Challenges Reduction in Benefits By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost… Full Article
fits 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
fits No Benefits for Worker Injured in Fall From Ladder By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v. Full Article
fits Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 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… Full Article