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The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on…

The New Hampshire Supreme Court ruled that a group of injured police officers were obligated to repay the sick leave benefits they received while awaiting a determination of their eligibility…

The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,…

More Delaware employers will be able to participate in the state’s Workplace Safety Program and earn premium discounts, under a new law. Senate Bill 306, enacted by Gov. John Carney in…

The Nebraska Supreme Court upheld an award of benefits to a housekeeper for a respiratory injury brought on by wearing a used face mask during the COVID-19 pandemic. Case: Prinz v.

The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the upcoming fiscal year. Self-insureds can choose premium assessments using either a…

The Oregon Workers' Compensation Division announced that premium assessment rates will remain unchanged in 2025. The division said the premium assessment rate for 2025 will be 9.8%, the same as it…

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…

The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…

The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values…

A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,…

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…

The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v.

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…

A divided West Virginia Supreme Court upheld the closure of a worker’s claim for temporary total disability benefits and the denial of his request to expand the scope of his…

The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott…

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…

The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for…

The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked…

West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No.

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…

The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…

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…

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,…

The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for…

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,…

A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,…

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 permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar…

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.

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…

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…

The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie…

The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v.

The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery. Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT,…

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…

Pennsylvania’s Supreme Court will be weighing in on the proper allocation of the burden of proving the existence of available positions for an injured worker, and the suitability of those…

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…

The West Virginia Supreme Court upheld the denial of a worker’s request for additional permanent partial disability benefits for her broken leg. Case: Gajdos v. Appalachian Electronic Instruments Inc., No. 23-720,…

Find out how this Supreme Court Decision may impact your client's cases. Plaintiff attorneys need to know and understand how this decision could impact clients' settlement dollars. Defense attorneys need…

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…

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…