ef 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
ef 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
ef 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
ef 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 Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished.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
ef 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
ef 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
ef Worker Gets No Referral for Evaluation of Noncompensable Condition By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:… Full Article
ef Governor Approves Benefit Increase By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on… Full Article
ef 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
ef 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
ef 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
ef Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution… Full Article
ef Comp Division Proposes Changes to Pharmacy Benefit Rules By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,… Full Article
ef Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered… Full Article
ef 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
ef DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The… Full Article
ef 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
ef Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I… Full Article
ef 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
ef 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
ef The Prosecution and Defense of Psychiatric Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Mar 2015 11:55:53 -0700 This training will provide attorneys and physicians with everything you need to know about the medical-legal issues involved in "psyche" cases - from the initial diagnosis through the discovery process to the separate… Full Article
ef A Brief History and the State of Medical Treatment By ww3.workcompcentral.com Published On :: Thu, 16 Jul 2015 16:41:39 -0700 Join us for "A Brief History and the State of Medical Treatment". Full Article
ef Improving Benefit Adequacy for On-the-Job Injuries By ww3.workcompcentral.com Published On :: Mon, 10 Apr 2017 17:03:39 -0700 Improving Benefit Adequacy for On-the-Job Injuries: the approach by the Texas Nonsubscriber Option might surprise you. … Full Article
ef Fraud Update: SIU Referrals and Prosecution By ww3.workcompcentral.com Published On :: Mon, 08 May 2017 16:44:01 -0700 This program will provide detailed instructions and skillsets to students for the successful SIU referral and prosecution thereof. The instructors will focus on red flags for fraud, identifying and documenting… Full Article
ef Optimizing MSAs: Before & After Settlement By ww3.workcompcentral.com Published On :: Tue, 07 Aug 2018 15:58:08 -0700 Settling work comp claims calls for a tricky balance. Payers want to limit the amount of money that is allocated to a Medicare Set-Aside and injured workers worry about running… Full Article
ef 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
ef 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
ef 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
ef 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
ef 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
ef PCRB Posts Reminder of Deadline to Request 2009 Assessment Refund By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 The Pennsylvania Compensation Rating Bureau announced that eligible carriers can request refunds of 2009 work comp security fund assessments through Feb. 24. Gov. Josh Shapiro in July signed HB 2310, a… Full Article
ef Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary… Full Article
ef Court Overturns Grant of Summary Judgment for Labor Law Defendant By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,… Full Article
ef No Disability Pension for Police Officer Who Refused Surgery By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 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… Full Article
ef PEO's: Professional Employer Organizations = A Shell Game? and Prosecution & Defense of UE Cases By ww3.workcompcentral.com Published On :: Mon, 21 Mar 2022 08:23:06 -0700 This is a four-hour MCLE program that addresses the specific issues of the prosecution and defense of cases involving employee leasing companies, general-special employment law, and handling cases when the… Full Article
ef How to Ensure An IME/PQME is an Effective Tool When Managing a Claim By ww3.workcompcentral.com Published On :: Tue, 21 Mar 2023 09:28:19 -0700 An Independent Medical Exam (IME) can be an effective tool for claims management, but navigating the timelines and regulations can be challenging, especially in the Golden State. In this… Full Article
ef 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
ef Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury' By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an… Full Article
ef 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
ef 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
ef 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
ef 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
ef 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
ef 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
ef Exposure Testing Law for Air Ambulance Workers Takes Effect By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov. Full Article
ef Worker Not Entitled to Relief From Decision She Allegedly Never Received By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the… Full Article
ef BWC: 7% Rate Cut for Private Employers Takes Effect By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation said a 7% rate cut for private employers took effect Monday. The 7% rate cut, which the BWC said would save employers about $67 million,… Full Article
ef 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
ef Worker Not Entitled to Mandamus Relief From Denial of Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay… Full Article
ef 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