court Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
court Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
court Court Upholds 1% PPD Award for Worker With Knee Injury By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville… Full Article
court Court Denies Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice… Full Article
court Court Reopens Worker's Claim, Orders Development of Additional Evidence By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his… Full Article
court Court Upholds Denial of Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No. Full Article
court 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 Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished.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
court Supreme Court Upholds Denial of Worker's Occupational Pneumoconiosis Claim By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 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… Full Article
court Supreme Court Upholds Denial of PPD for Worker's Back Injury By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 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… Full Article
court 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
court Supreme Court Upholds Denial of Worker's Request to Expand Claim, Undergo Additional Imaging By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 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.,… Full Article
court Supreme Court Upholds Denial of Worker's Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
court 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
court Supreme Court Upholds Increase in Worker's PPD Award By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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… Full Article
court Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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. Full Article
court Court Upholds Worker's 1% PPD Award for Knee Injury By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas… Full Article
court Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked… Full Article
court 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
court Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure… Full Article
court Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates… Full Article
court Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,… Full Article
court Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article
court Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In… Full Article
court Court Dismisses Carrier's Challenge to Compensability Finding By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual… Full Article
court Court Upholds Restitution Order Against Convicted Fraudster By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,… Full Article
court Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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,… Full Article
court Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
court Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No. Full Article
court Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,… Full Article
court Court Overturns $8.7 Million Jury Verdict Against Vessel Owner By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine… Full Article
court Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper… Full Article
court Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against… Full Article
court Appeals Court Reverses Order Precluding Worker From Making PPD Claims By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability… Full Article
court Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free… Full Article
court Court Overturns Jury Award to Flight Attendant for COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on… Full Article
court Court Upholds Closure of Worker's Claim, Denial of Additional Treatment By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
court Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 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… Full Article
court 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
court 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
court Court Upholds Award for Worker's Elbow Injury from Fall By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:… Full Article
court Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica… Full Article
court Court Upholds Finding of Compensability for Worker's Back Injury By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked… Full Article
court Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct. Case: Cuddigan-Placito v. SAIF, No. 760. Full Article
court Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 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… Full Article
court Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her… Full Article
court Court Upholds Denial of Coal Miner's Claim for Injuries from Fall By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders… Full Article
court High Court Asked to Order WCAB Decide 'Grant for Study' Cases By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A petition was filed with the California Supreme Court requesting a writ of mandate directing the Workers’ Compensation Appeals Board to render final decisions on cases in which it granted… Full Article
court Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi… Full Article
court Supreme Court to Review Burden of Proof on Modification Petitions By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
court 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