claim Claims & Humanity By ww3.workcompcentral.com Published On :: Tue, 26 Apr 2022 08:46:43 -0700 This course will help employers, risk managers, and claims professionals to develop knowledge, skills, and judgment around human connection that facilitate the ability to work collaboratively for greater outcomes within… Full Article
claim 20 Tips Claims Series - The First 90 Days By ww3.workcompcentral.com Published On :: Wed, 18 May 2022 15:05:15 -0700 New! Our 20 Tips Claims Series is designed especially for workers’ compensation claims professionals. This webinar includes a fast-paced panel discussion offering practical tips to help claims professionals become more… Full Article
claim Intro To Motivational Interviewing for Claims Professionals By ww3.workcompcentral.com Published On :: Mon, 17 Oct 2022 11:54:05 -0700 In this webinar, attendees will learn how Motivational Interviewing can be used to improve communication with injured worker patients. MI involves practical, empathetic, and short-term processes that take into consideration… Full Article
claim So You Have Accepted a COVID-19 Claim, Now What? Senate Bill 22 and its Impact on Your Claims Handling in Texas By ww3.workcompcentral.com Published On :: Fri, 30 Sep 2022 16:16:24 -0700 This course is designed to assist attorneys and insurance adjusters in their understanding of work related COVID-19 claims, claims coverage issues (compensability), the COVID-19 presumption created by Senate Bill (SB… Full Article
claim 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
claim The Impact of Catastrophic Injuries on WC Claims By ww3.workcompcentral.com Published On :: Wed, 20 Mar 2024 12:48:28 -0700 A catastrophic claim does not happen often, thank goodness; it accounts for less than 1% of all the WC claims. But when it happens, it takes only one case to… Full Article
claim Employer Partially Liable for Disability Can Claim Full Social Security Offset By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was… Full Article
claim Carrier Not Entitled to Summary Judgment on Claim for Offset By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts… Full Article
claim Worker Injured in Explosion Loses Claim That Employer Tricked Him Into Comp Settlement By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Tennessee Court of Appeals upheld the summary dismissal of a worker’s claims asserting that he was the victim of a fraudulent scheme to designate him as an employee instead of… Full Article
claim Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing… Full Article
claim Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s… Full Article
claim Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have… Full Article
claim Insurance Provider Timely Asserts Claim for Reimbursement By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals revived an insurance provider's claim for reimbursement from a widow's wrongful death settlement. Timothy Tumlin worked for L&C General Contractors Inc. He died as a… Full Article
claim Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals ruled that a circuit court lacked jurisdiction over a worker’s claim for compensation for a work-related injury and that an individual member of the… Full Article
claim Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could… Full Article
claim Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
claim Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:… Full Article
claim Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder… Full Article
claim Widow Timely Files Asbestos-Related Occupational Disease Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure… Full Article
claim 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
claim Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its… Full Article
claim Mediation Process for Comp Claims Not Mandatory By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,… Full Article
claim Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,… Full Article
claim 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
claim Worker's PTD Claim Sent Back to Judge for Further Findings By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v. Full Article
claim Court Remands Worker's PTD Claim for Fourth Time By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:… Full Article
claim Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
claim 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
claim CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first… Full Article
claim Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
claim ICA Sets Annual Claims Seminar for August By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Industrial Commission of Arizona is holding its 2024 Claims Seminar Aug. 15-16 in Scottsdale. The seminar will cover topics including an overview of state work comp statutes, the role of… Full Article
claim Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro… Full Article
claim Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article
claim Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio… Full Article
claim Court Upholds Denial of Worker's Claim for PTD By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly… Full Article
claim Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:… Full Article
claim Commission Sets Claims Administration Workshop By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be… Full Article
claim Worker Fails to Show Good Cause for Delayed Prosecution of Claims By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for… Full Article
claim Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise… Full Article
claim How I Reclaimed My Creative Spark (Try these 8 boosters) By chasejarvis.com Published On :: Mon, 08 Jul 2024 13:00:34 +0000 Let’s talk about something we’ve all faced – that dreaded creative slump. You know the feeling – ideas just aren’t flowing, everything feels stale, and you’re wondering if you’ve lost your mojo. I’ve been there, and I want to share how I broke through and reclaimed my creative fire. Even better, I’ll give you 8 actionable boosters you can start using today. 1. Master Your Craft (But Don’t Stop There) First things first – there’s no substitute for honing your skills. Whether you’re a photographer, writer, musician, or any other type of creator, dedicating time to improve your technical abilities is crucial. But here’s the kicker – don’t let that be your only focus. Try: Set aside 30 minutes each day to work on a specific aspect of your craft. Maybe it’s lighting techniques, chord progressions, or narrative structure. Track your progress over a month and see how it impacts your overall work. 2. Cross-Train Your Creativity This is a game-changer, folks. Just like athletes cross-train to become more well-rounded, we creators need to flex different creative muscles. If you’re a photographer, try your hand at writing. Musicians, pick up a paintbrush. Try: The 30-Day Creative Cross-Training Challenge Week 1:... The post How I Reclaimed My Creative Spark (Try these 8 boosters) first appeared on Chase Jarvis. The post How I Reclaimed My Creative Spark (Try these 8 boosters) appeared first on Chase Jarvis. Full Article chasejarvisLIVE Podcast community creative boosters creative challenge creative ideas creativity play rest sleep
claim Wrongful dismissal claim ends in Superior Court slap-down – Ontario judge tells employer to pay up By www.littler.com Published On :: Wed, 15 Nov 2023 15:57:05 +0000 Barry Kuretzky discusses a recent Ontario Superior Court decision that punished an employer for trying to intimidate an employee through what the judge determined was a meritless counter claim. Human Resources Director Canada View (Subscription required.) Full Article
claim Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims By www.littler.com Published On :: Tue, 02 Jan 2024 15:26:12 +0000 The U.S. Court of Appeals for the Eleventh Circuit has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. Full Article
claim California Supreme Court Rules that Trial Courts Lack Inherent Authority to Strike PAGA Claims on Manageability Grounds By www.littler.com Published On :: Mon, 22 Jan 2024 14:54:42 +0000 California Supreme Court held that trial courts lack inherent authority to strike (dismiss with prejudice) claims under the PAGA. Class action manageability requirement cannot be superimposed onto PAGA claims. The Court did not decide whether an employer may strike an unmanageable PAGA claim on the ground that the claim violates an employer’s due process rights. Full Article
claim Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal By www.littler.com Published On :: Thu, 04 Apr 2024 19:03:01 +0000 In London District Catholic School Board v. Full Article
claim Supreme Court makes it easier to file workplace discrimination claims By www.littler.com Published On :: Fri, 19 Apr 2024 14:38:07 +0000 Alyesha Asghar said the Supreme Court’s decision in Muldrow v. St. Louis, which will make it easier for employees to pursue discrimination claims over job transfers, does not mean an end to IE&D. The Washington Post View (Subscription required.) Full Article
claim Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights By www.littler.com Published On :: Wed, 03 Jul 2024 20:34:47 +0000 In Ruiz Mattei v. Commercial Equipment Finance, Inc.,1 the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act2 and the Workplace Discrimination Act3 are transferable to the employee’s heirs following the employee’s death. Full Article
claim BIPA claim accrual changes signed into law By www.littler.com Published On :: Thu, 08 Aug 2024 14:58:22 +0000 Orly Henry discusses BIPA reform and applying the law to pending cases. Chicago Daily Law Bulletin View (Subscription required) Full Article
claim Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes, and Clarifies AI Use in Employment Decisions By www.littler.com Published On :: Tue, 13 Aug 2024 20:59:49 +0000 Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases proceeding through state courts and agencies. Longer Statute of Limitations Period Full Article
claim Update in ERISA Litigation Involving Breaches of Fiduciary Duty Claims By www.littler.com Published On :: Wed, 25 Jan 2023 15:13:20 +0000 Several appellate courts over the past year have applied Supreme Court precedent to determine whether complaints properly allege a breach of fiduciary duty under ERISA to warrant relief. Trends useful for employers defending such lawsuits have emerged. Lawsuits against employers offering retirement benefit plans have been on the rise. Recent suits, discussed in this update, have provided some guidance for employers. Full Article
claim Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals By www.littler.com Published On :: Thu, 02 Feb 2023 14:10:16 +0000 A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process. The Claims Review Regulations Full Article