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Part 1 - PTSD Awareness for Work Comp Professionals

Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part…




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Summer 2024 Legislative Outlook in Workers Compensation

Join HIRMA/WorkCompCentral for a one-hour webinar as we explore the Summer 2024 Legislative Outlook in Workers Compensation. This webinar aims to provide participants with a understanding of the legislative changes…




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Widow Can't Seek Remedy From Husband's Co-Worker, Tavern Operator

The Supreme Judicial Court of Maine ruled that a widow could not pursue a civil suit against her late husband’s co-worker for throwing a punch that led to his death, nor…




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High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury

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…




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Worker Injured in Explosion Loses Claim That Employer Tricked Him Into Comp Settlement

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…




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Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor

The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney…




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Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim

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…




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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 Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim

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…




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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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OSHA Fines Company $29,035 After Worker Struck by Stone Slab

Federal workplace safety officials fined an Alabama countertop installation company $29,035, saying it could have prevented a worker's death by following federal safety standards. John Hopper, 33, died in March after…




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Court Upholds Award of PTD Benefits for Former Walmart Worker

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…




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Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction

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…




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Worker With Long History of Ailments Entitled to Temporary Disability Benefits

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…




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Court Overturns Finding That Worker Timely Reported Injury

The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within…




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High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress

The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his…




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Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate…




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No Additional Benefits for Worker's Knee Issues, Psychological Conditions

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.




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Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings

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:…




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Worker Fired on Day of Injury Still Entitled to TTD

An Ohio appellate court ruled that a worker who was fired on the day of his injury was still entitled to temporary total disability benefits. Darius L. Jefferson worked for Giant…




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Exposure Testing Law for Air Ambulance Workers Takes Effect

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.




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Court Says Injured Worker Not Entitled to Participate in Vocational Rehab

An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No.  22AP-667, 06/11/2024, published. Facts and procedural…




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Court Overturns VSSR Award for Worker With Chemical Burns

An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel…




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Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation

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:…




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Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer

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…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

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…




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Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident

An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry…




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Worker Gets Writ Directing Commission to Consider His Entitlement to TTD

An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State…




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Business Owner Pleads Guilty to Workers' Comp Fraud

The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received…




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Worker Not Entitled to Mandamus Relief From Denial of Claim

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…




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Worker's Fraud Results in Award Declared Overpayment

An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for…




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Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim

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…




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No PTD for Worker With Residual Work Capacity

An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,…




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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

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…




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Workplace Safety Regulators Set Training Event

The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

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,…




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Worker Gets No TTD for Time After Termination Until Back Surgery

The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he…




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Worker's PTD Claim Sent Back to Judge for Further Findings

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.




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Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition

The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter…




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Court Upholds Award for Worker With Cumulative Trauma Back Injury

The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




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Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills

The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd…




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Court Remands Worker's PTD Claim for Fourth Time

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:…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping

The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for…




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Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries

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…




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Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment

The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy…




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JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

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,…




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Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement

A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered…