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Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…




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DWC Webinar to Cover Wage Statements

The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD.




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Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date

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,…




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ICT Sets Webinar on Social Media in Claims Resolution

The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…




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Comp Division Proposes Changes to Pharmacy Benefit Rules

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…




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Division Announces Dates for Quarterly Stakeholder Meetings

The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,…




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DWC Seeks Comments for Routine Rule Review

The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is…




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Federal Court Sends Worker's Jones Act Claim Back to State Level

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…




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DWC Accepts Comments on Rule's Title Change

The Texas Division of Workers’ Compensation is accepting comments on a proposal to correct a duplicate regulatory section title. The DWC is proposing to rename Texas Administrative Code Section 147.10 “Commutation…




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Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer

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…




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Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…




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DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution

The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics…




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Registration Opens for Comp Conference

The Texas Division of Workers’ Compensation opened registration for its Workers’ Compensation Conference being held virtually in October. The conference will feature sessions covering topics that include artificial intelligence, average weekly…




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DWC Proposes Rule to Verify Benefit Recipient Information

The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The…




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DWC Updates Employer Forms, Changes Rule Title

The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to…




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Most Carriers Score Average or Better in 2024 PBO

All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that…




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Court Dismisses Carrier's Challenge to Compensability Finding

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…




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OSHA Fines Furniture Maker Following Serious Injury

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…




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Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer

A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…




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DWC Seeks Input on 2025 Medical Audit Plan

The Texas Division of Workers’ Compensation is accepting comments on the 2025 Medical Quality Review Annual Audit Plan through Nov. 22. The annual plan establishes priorities for the Medical Quality Review…




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Governor Approves Increase in Reemployment Plan Cost

Alaska Gov. Mike Dunleavy signed a bill increasing the cap on payments for reemployment plans by 66.5%. Alaska law allows injured workers who are not able to return to employment after…




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Friendship-Based Employment Can Fall Within Scope of Comp System

The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all…




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WCB Accepts Comments on Proposed 2025 Fee Schedule

The Alaska Workers’ Compensation Board is accepting comments on its proposed 2025 Medical Fee Schedule. The board said system users can submit written comments on the proposed changes through Oct. 9…




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Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien

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,…




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DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident

The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from…




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AG Sues PBMs Over Opioid Epidemic

Mississippi Attorney General Lynn Fitch filed a lawsuit accusing pharmacy benefit managers of contributing to the oversupply of opioids in the state and fueling an illegal secondary market. The complaint filed…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Claimant Confusion Leads to Lawsuits Against Comp Attorney

A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker…




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Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee

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.




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Court Overturns Award for Alleged Mold Exposure

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.,…




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Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail…




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Court Overturns $8.7 Million Jury Verdict Against Vessel Owner

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…




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Insurance Administration Announces Increase in Penalties

The Maryland Insurance Administration announced that penalties for certain statutory violations will increase on Oct. 1. The maximum penalty the administration can impose on an unauthorized insurer or person engaging in the…




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Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation

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…




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Companies Fined $650,000 After Worker Dies in Storage Facility

Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State…




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Report: DOE Awards New Contract for Hanford Comp Claims

The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…




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Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification

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…




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Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim

The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of…




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L&I Fines Roofing Companies $1.27M for Fall Safety Violations

The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said…




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Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




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Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim

The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…




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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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Appeals Court Reverses Order Precluding Worker From Making PPD Claims

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…




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Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online

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…




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Construction Company Fined for Using Crane to Lift Workers

The Washington State Department of Labor and Industries said a Seattle construction company is facing $155,300 in fines for knowingly putting workers at serious risk of injury or death by…




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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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Cabinet Maker Fined $187,000 for Refusing to Abate Hazards

The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I…




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L&I Proposes 3.8% Rate Increase

The Washington State Department of Labor and Industries is proposing a 3.8% increase in the average hourly rate employers and workers will pay for comp coverage next year. If the proposal…




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L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits

A man who allegedly started a metal fabrication shop just weeks after suffering a workplace injury was charged with felony theft for allegedly stealing about $340,000 in indemnity benefits, the…




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L&I Fines Georgia Pacific for Fatal Accident

The Washington State Department of Labor and Industries fined Georgia Pacific $648,292 after a worker was crushed by an unguarded packing machine. Georgia Pacific is appealing the citation. Dakota A. Cline died…