d Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in… Full Article
d Labor Department Hiring Attorney By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff… Full Article
d 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
d Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating… Full Article
d DLI Opens Registration for Mandatory QRC, Vendor Update By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry opened registration for a mandatory rehabilitation provider update webinar being held Sept. 13. The webinar will cover topics including a department update, legislative and rule… Full Article
d Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker… Full Article
d Registration for Work Comp Summit Opens Monday By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update… Full Article
d Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep… Full Article
d Comp Division Seeks Comments on Independent Medical Exam Rules By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering… Full Article
d ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific… Full Article
d Doctor May Consider All Relevant Body Parts in Assessing MMI By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body… Full Article
d Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him… Full Article
d 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
d DWC Webinar to Cover Presiding Officer Directives By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer… Full Article
d Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,… Full Article
d DWC Proposes Rules to Implement HB 2468 By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation on Friday proposed rules for designated doctor procedures and requirements for lifetime income benefits to implement House Bill 2468. HB 2468, which was enacted in… Full Article
d 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
d DWC Seeks Comments on Proposed Changes to Report Forms By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation seeks public comment on changes to a trio of report forms. The division said it has updated the following forms to conform to the agency’s standards,… Full Article
d 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
d Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
d DWC Raises Discount Rate Slightly By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the… Full Article
d DWC Announces Rule Adoption By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced the adoption of new and revised rules governing dispute resolutions, settlements and commutations. The DWC said it eliminated regulatory references to penalties for certain… Full Article
d No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
d TDI Posts Updates on Office Closures Due to Storm By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Texas Department of Insurance said it closed seven Division of Workers’ Compensation field offices along the Gulf Coast in response to Hurricane Beryl. The department said it closed both field… Full Article
d DWC Seeks Input on Legislative Recommendations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it… Full Article
d DWC Seeks Comments on Telemedicine Rules By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation seeks public comments on draft rules that would allow doctors to use telemedicine to perform maximum medical improvement examinations. “For example, when a treating doctor treats… Full Article
d 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
d 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
d 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
d 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
d 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
d DWC Posts Proposed 2025 Research Agenda By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted for public comment a copy of the proposed 2025 agenda for its Workers’ Compensation Research and Evaluation Group. The group is proposing three projects… Full Article
d 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
d 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
d 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
d 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
d 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
d 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
d 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
d DWC Posts 2025 Audit Plan By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted its audit plan for the fiscal year ending in 2025. The DWC said 2025 audits will focus on timely and accurate benefit payments, timely… Full Article
d DWC Lowers Fourth-Quarter Discount Rate By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that the discount interest rate will drop by more than a full percentage point during the final fiscal quarter. The division said any interest… Full Article
d 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
d 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
d DWC Sets Treating Doctor Webinar By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a… Full Article
d DWC Adopts Research Agenda By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Texas Division of Workers' Compensation on Wednesday announced that it adopted the 2025 agenda for its Workers' Compensation Research and Evaluation Group. The research group will study the feasibility and… Full Article
d 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
d 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
d 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
d 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
d 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
