m Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
m DWC Webinar to Cover Wage Statements By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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. Full Article
m 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
m ICT Sets Webinar on Social Media in Claims Resolution By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 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… Full Article
m Comp Division Proposes Changes to Pharmacy Benefit Rules By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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,… Full Article
m Division Announces Dates for Quarterly Stakeholder Meetings By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 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,… Full Article
m DWC Seeks Comments for Routine Rule Review By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 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… Full Article
m 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
m DWC Accepts Comments on Rule's Title Change By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 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… Full Article
m 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
m Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 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… Full Article
m DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
m Registration Opens for Comp Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
m DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 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… Full Article
m DWC Updates Employer Forms, Changes Rule Title By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
m Most Carriers Score Average or Better in 2024 PBO By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 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… Full Article
m 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
m OSHA Fines Furniture Maker Following Serious Injury By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article
m Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article
m DWC Seeks Input on 2025 Medical Audit Plan By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 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… Full Article
m Governor Approves Increase in Reemployment Plan Cost By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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… Full Article
m Friendship-Based Employment Can Fall Within Scope of Comp System By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 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… Full Article
m WCB Accepts Comments on Proposed 2025 Fee Schedule By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
m 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
m DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 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… Full Article
m AG Sues PBMs Over Opioid Epidemic By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
m Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 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… Full Article
m Claimant Confusion Leads to Lawsuits Against Comp Attorney By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 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… Full Article
m 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
m 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
m Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 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… Full Article
m 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
m Insurance Administration Announces Increase in Penalties By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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… Full Article
m 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
m Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
m Report: DOE Awards New Contract for Hanford Comp Claims By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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… Full Article
m 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
m Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article
m L&I Fines Roofing Companies $1.27M for Fall Safety Violations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 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… Full Article
m Adult Family Home Owner Accused of Double Dipping By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 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… Full Article
m Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
m L&I Fines Wildlife Department for Worker Death By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 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… Full Article
m 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
m 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
m Construction Company Fined for Using Crane to Lift Workers By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 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… Full Article
m 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
m Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 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… Full Article
m L&I Proposes 3.8% Rate Increase By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 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… Full Article
m L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
m L&I Fines Georgia Pacific for Fatal Accident By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 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… Full Article