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Assessment Rate to Drop 22%

New York Gov. Kathy Hochul announced that a 22% drop in the workers' compensation assessment rate is projected to save state employers about $191 million in 2025. Effective Jan. 1, the…




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Insurance Division Approves 4.3% Loss Cost Cut

The Colorado Division of Insurance announced a 4.3% average loss cost decrease for workers' compensation policies incepting in 2025. Loss costs are the average cost of lost wages and medical payments…




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Double-Dipping State Trooper Pleads Guilty to Larceny

The Connecticut Division of Criminal Justice announced that a former state trooper who operated a silk-screening business while receiving temporary disability benefits pleaded guilty to two counts of larceny. Kevin Moore,…




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L&I Announces Ergonomic Rule Development

The Washington State Department of Labor and Industries announced that it opened rulemaking for ergonomic regulations that would apply to airline ground crews. State lawmakers in 2023 enacted Senate Bill 5217,…




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Injured Worker Failed to Prove Extreme Hardship Warranting Reclassification

A New York appellate court upheld the denial of a worker’s request for an extreme hardship redetermination. Case: Matter of Brown v. Plans Plus Ltd., No. CV-23-0250, 10/10/2024, published. Facts and procedural…




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Court Awards Worker Benefits for Back Injury, Authorizes MRI

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…




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Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity

A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to…




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Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien

The Missouri Court of Appeals ruled that two injured workers could not back out of a settlement agreement they entered with their employer’s insurance carrier to satisfy the carrier’s subrogation…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Court Overturns Summary Judgment on Defendant's Indemnification Claim

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,…




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Court Upholds Award for Worker's Elbow Injury from Fall

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:…




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Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

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…




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Compound Ingredient Supplier to Pay $21.75M to Resolve Inflated AWP Allegations

The U.S. Department of Justice announced that a company that supplies ingredients for compound drugs agreed to pay $21.75 million to resolve allegations that it falsely inflated average wholesale prices. The…




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Court Upholds Finding of Compensability for Worker's Back Injury

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…




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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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DWC Posts 2025 Health Care Provider Assessment Plan

The Texas Division of Workers’ Compensation will evaluate health care providers on two measures as part of its 2025 performance-based oversight assessment process. The DWC said it will assess providers on…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

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.




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WCA Seeks Public Comment on Judicial Reappointment

The New Mexico Workers’ Compensation Administration is seeking public comment regarding the reappointment of Judge Ned Fuller to a five-year term. Ned S. Fuller Gov. Michelle Lujan Grisham appointed Fuller, the…




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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental…




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DOL Reports Decline in Workplace Fatality Investigations

The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June…




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Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment

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…




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

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…




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Sedgwick Names Andrea Buhl President of Casualty

Sedgwick on Monday announced that it named Andrea Buhl president of its casualty group. Andrea Buhl Buhl has held numerous leadership roles at Sedgwick over the last 15 years, most recently…




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DWC Adds Attorney Consultation Notice to Workplace Poster

The California Division of Workers’ Compensation updated a poster employers are required to display in the workplace to add language advising people of their right to consult an attorney following…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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Court Upholds Denial of Coal Miner's Claim for Injuries from Fall

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…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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AG Says State Could Get $122M in Kroger Opioid Settlement

California Attorney General Rob Bonta announced the state could receive up to $122 million from Kroger through a settlement that resolves allegations that the grocery chain failed to oversee the…




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WCIRB Webinar to Cover Geographic Differences in Claims

The Workers’ Compensation Insurance Rating Bureau will present the findings from its latest study on the variation of claim characteristics in different parts of California during a Dec. 4 webinar. Since…




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High Court Asked to Order WCAB Decide 'Grant for Study' Cases

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…




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WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




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Worker Gets 0% Award for Occupational Pneumconiosis

West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

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…




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Supreme Court to Review Burden of Proof on Modification Petitions

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…




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PCRB Posts Reminder of Deadline to Request 2009 Assessment Refund

The Pennsylvania Compensation Rating Bureau announced that eligible carriers can request refunds of 2009 work comp security fund assessments through Feb. 24. Gov. Josh Shapiro in July signed HB 2310, a…




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Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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WCD Holding Hearing About Latest AMA Guides

The Alaska Workers' Compensation Division is holding a public meeting Dec. 10 to discuss adopting of the 2024 update to impairment rating guides. Alaska law mandates permanent impairment ratings be assigned…




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OSHA Fines Contractor for Exposing Workers to Deadly Falls

The federal Occupational Safety and Health Administration cited a contractor in Crystal Lake, Illinois, for allegedly exposing workers to fall hazards. OSHA said it fined 595 Construction LLC $287,465 for one…




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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

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,…




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Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the…




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Worker Loses Appeal Due to His Failure to Provide Record of Prior Proceedings

A Texas appellate court upheld the denial of a self-represented worker’s claim due to his failure to ensure there was a record of the administrative proceedings that resulted in the…




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Court: Son of Sam Law Allows State to Take Murderer's Comp Settlement

A New York appeals court said a law created nearly 50 years ago to ensure serial killer David Berkowitz couldn't profit from his murder spree supersedes work comp law and…




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L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym

A worker collecting benefits for a back injury is facing fraud charges after he was reportedly observed lifting weights at a gym that exceeded the five-pound restriction his physician imposed,…




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Law Enforcement Officer Not Entitled to Additional TTD or Treatment

West Virginia’s Intermediate Court of Appeals upheld the closure of an injured law enforcement officer’s claim and the denial of authorization for further treatment. Case: Robertson v. Brooks County Commission, No. 24-ICA-185,…