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Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment

The Delaware Superior Court overturned a determination that an injured worker failed to exhaust reasonable conservative measures to treat his knee injury before opting for surgery. Case: Baxter v. Verizon Communications,…




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AI Beats Humans on Unsolved Math Problem

Large language model does better than human mathematicians trying to solve combinatorics problems inspired by the card game Set




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Simple Math Creates Infinite and Bizarre Automorphic Numbers

Squaring numbers can have surprising consequences




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A Wild Claim about the Powers of Pi Creates a Transcendental Mystery

Mathematicians cannot determine whether multiplying pi by itself repeatedly might produce a whole number




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Tomorrow's Quantum Computers Threaten Today's Secrets. Here's How to Protect Them

Researchers are racing to create codes so complex that even quantum computers can’t break them




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Carrier Doesn't Have to Treat Worker as Having 'Combined Condition'

The Oregon Court of Appeals ruled that an insurance carrier did not have to treat a worker as having a combined condition when none of her impairment was related to her compensable…




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Rulemaking Advisory Committee Reviewing Treatment Regs

The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss…




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Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City…




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Court Upholds UR Determination That Worker's Treatments Weren't Necessary

The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He…




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a…




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Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption

The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’…




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Legislature Passes Farmworker Heat Injury Bill

The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers…




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CalChamber Urges Veto of Ag Worker Heat Injury Presumption

The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered…




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Cal/OSHA Cites Farm Labor Contractor for Heat Violations

The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

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…




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Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation

The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her…




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WCRI Webinar to Cover Impact of Excessive Heat

The Workers Compensation Research Institute is holding a 30-minute webinar on June 6 to discuss the impact of excessive heat on workplace injuries. WCRI recently released a study measuring the extent…




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DOL Proposes Indoor, Outdoor Heat Safety Rules

The U.S. Department of Labor released a proposed rule that would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive…




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Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners

Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add…




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Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




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Contractor Fined for Safety Violations That Caused Worker's Death

Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part…




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Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment

The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute…




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Court Upholds Award for Postinjury Mental Health Treatment

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…




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No Death Benefits for Widow in Asbestos Exposure Claim

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…




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Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…




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No Additional Treatment, Benefits for Injured Mine Worker

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.




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Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits

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,…




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Widow of Worker With Leukemia Gets Award of Death Benefits

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.




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Supreme Court Upholds Award of Occupational Disease Death Benefits

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.




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Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…




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Nonsignatory Can't Compel Arbitration of Wrongful Death Claim

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…




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No Benefits for Worker's Motorcycle Death

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…




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DWC Sets Treating Doctor Webinar

The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a…




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L&I Fines Wildlife Department for Worker Death

The Washington State Department of Labor and Industries fined the state wildlife department $200,400 for two incidents that killed one worker and hospitalized another. Mary Valentine, a 48-year-old Department of Fish…




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Court Upholds Closure of Worker's Claim, Denial of Additional Treatment

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…




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Anatomy and Injury Treatment Plans

Musculoskeletal injuries constitute the majority of industrial claims. Claims professionals will review many medical reports written by physicians who report their findings as they treat and evaluate injured workers. This…




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A Brief History and the State of Medical Treatment

Join us for "A Brief History and the State of Medical Treatment".




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Opioids: We're Beating Them Back - Now What?

David DePaolo will moderate a discussion on the topic of Opioids based on a WorkCompCentral Special Report authored by Peter Rousmaniere. The report looks at how the workers’ compensation industry…




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Medical Treatment for Injured Workers

The New Paradigm of Providing Medical Treatment for Injured Workers.




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Work Comp Matters - Free Weekly Podcast - Episode 11: Death

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Work Comp Matters - Episode 108: Death Penalty

During this episode of Work Comp Matters Steve, Robert, Mike & Ted talk about governor Gavin Newsom placing a stay on the death penalty, the Nationwide college admissions scandal regarding…




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A Practical Approach to Using the MTUS & Formulary Wisely to Avoid Treatment Denials

Whether you are an employer, claims examiner, medical provider or attorney, this program will provide you with a clear understanding and practical approach of how the MTUS and Formulary to…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

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…




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Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment

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…




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Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment

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…




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Law Enforcement Officer Not Entitled to Additional TTD or Treatment

West Virginia’s Intermediate Court of Appeals upheld the closure of an injured law enforcement officer’s claim and the denial of authorization for further treatment. Case: Robertson v. Brooks County Commission, No. 24-ICA-185,…




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Supreme Court Overturns $3 Million Judgment for Worker's Death

The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was…




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Court Denies Widower Benefits for Nursing Home Worker's Death

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…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

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…