cl Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 The New Mexico Court of Appeals ruled that an injured worker pleaded his retaliation claims in such a way as to remove his case from the jurisdiction of the state… Full Article
cl Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case:… Full Article
cl Worker Can't Maintain Tort Claim Over Attack by Colleague By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s tort claims arising from an attack by his colleague. Case: Scott v. City of Newark, No. Full Article
cl Court Upholds Summary Dismissal of Civil Claim From Ladder Accident By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s civil claim for injuries he allegedly sustained on a construction project. Case: Gjana v. Daibes Enterprises… Full Article
cl Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division overturned a grant of summary judgment dismissing a hospital worker’s suit for damages from a fall in a parking garage. Case: Barrett v. Hackensack… Full Article
cl Carrier Has No Duty to Defend Employer From Intentional Tort Claims By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division ruled that a carrier had no duty to defend an employer against an injured worker’s intentional tort claims. Case: De Tapia v. 74 Industries… Full Article
cl Worker Fails to Allege Viable Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an injured worker failed to allege a viable claim of disability discrimination or workers’ compensation retaliation. Case: Wraith v. Wayfair Inc., No. 23-2400, 09/11/2024, unpublished. Facts:… Full Article
cl Injury Claims Increase Slightly for Third Year By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The total number of reported injuries increased for a third consecutive year in 2023, according to the latest annual statistical report published by the Nebraska Workers’ Compensation Court. The WCC said… Full Article
cl Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Nebraska Court of Appeals upheld the denial of a worker’s claim because she failed to demonstrate a causal connection between her alleged injuries and her workplace accident. Case: Chavez v. Tyson… Full Article
cl Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 Hawaii’s Intermediate Court of Appeals overturned the denial of a worker’s claim for permanent partial disability benefits, finding that the Labor and Industrial Relations Appeals Board imposed the wrong standard… Full Article
cl Court Revives Health Care Worker's Claim for Tuberculosis By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The Hawaii Court of Appeals revived an injured health care worker’s untimely claim for her tuberculosis infection. Case: Weis v. Pali Momi Medical Center, No. CAAP-19-0000575, 06/04/2024, unpublished. Facts: Teresa L. Weis… Full Article
cl HEMIC Declares $5M Dividend By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 Hawaii Employers’ Mutual Insurance Co. announced a $5 million dividend for qualifying policyholders. The carrier said the dividend will be the largest in its history and brings to $53 million the… Full Article
cl Podcasts of the Year: Cleo, the Mysterious Math Menace By www.scientificamerican.com Published On :: Fri, 29 Dec 2023 20:55:00 GMT In 2013 a new user named Cleo took an online math forum by storm with unproved answers. Today she’s an urban legend. But who was she? A 2023 editor's pick. Full Article Math Mathematics
cl A Wild Claim about the Powers of Pi Creates a Transcendental Mystery By www.scientificamerican.com Published On :: Wed, 24 Jan 2024 15:00:00 GMT Mathematicians cannot determine whether multiplying pi by itself repeatedly might produce a whole number Full Article Math Mathematics
cl WCD Reports No Change in Rate of Accepted Claims in 2022 By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division reported that covered employment and the number of accepted disabling claims increased in 2022, resulting in the claims rate per 100 workers remaining the same as… Full Article
cl Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at… Full Article
cl WCRI: Medical Payments Per Claim Higher Than Most States By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of… Full Article
cl Court Overturns Denial of University Employee's Claims By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk… Full Article
cl High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her… Full Article
cl Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:… Full Article
cl Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:… Full Article
cl Court Upholds Summary Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008. Full Article
cl Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,… Full Article
cl Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,… Full Article
cl Court Upholds Denial of Worker's Claim for Lead-Exposure Injury By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,… Full Article
cl Labor Committee Hears Testimony on Misclassification By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of… Full Article
cl Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:… Full Article
cl Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to… Full Article
cl Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
cl Decision Allows Billing Agent to Pursue Civil Claims Against Carriers By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in… Full Article
cl Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid… Full Article
cl Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
cl Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
cl Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
cl Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
cl Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
cl Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California… Full Article
cl DWC Closing Eureka Virtual Office Oct. 18 By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests… Full Article
cl Court Revives Worker's Claims for FEHA Violation, IIED By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly… Full Article
cl WCIRB Posts Report on COVID Claims By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed… Full Article
cl Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment… Full Article
cl Insolvency Pool Can't Collect From Carrier for Staffing Service's Client By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing… Full Article
cl Comp Settlement Doesn't Preclude Civil Suit Against Third Parties By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors… Full Article
cl Widow Misses Deadline to Challenge Denial of Claim by 1 Day By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,… Full Article
cl Federal Court Again Rules Contractor Has Immunity From Worker's Claim By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC… Full Article
cl Employer Entitled to Dismissal of Worker's Retaliation Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,… Full Article
cl Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the… Full Article
cl Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis… Full Article
cl Court of Existing Claims Announces Preliminary Review Docket By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at… Full Article
cl Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal… Full Article