d Supreme Court Overturns $3 Million Judgment for Worker's Death By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was… Full Article
d Insurance Provider Timely Asserts Claim for Reimbursement By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals revived an insurance provider's claim for reimbursement from a widow's wrongful death settlement. Timothy Tumlin worked for L&C General Contractors Inc. He died as a… Full Article
d Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals ruled that a circuit court lacked jurisdiction over a worker’s claim for compensation for a work-related injury and that an individual member of the… Full Article
d Court Denies Widower Benefits for Nursing Home Worker's Death By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional… Full Article
d Court Upholds Award of PTD Benefits for Former Walmart Worker By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a… Full Article
d Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could… Full Article
d Worker With Long History of Ailments Entitled to Temporary Disability Benefits By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an… Full Article
d Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung… Full Article
d Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more… Full Article
d Court Overturns Finding That Worker Timely Reported Injury By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within… Full Article
d High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts… Full Article
d Department Can Order Reimbursement of Witness Fees By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that the state's Workers’ Compensation Division has the authority to order reimbursement of an employee’s reasonably incurred medical expert witness fees. Case: Leal v. State ex… Full Article
d High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article
d DWS Proposes 12% Rate Cut By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Wyoming Department of Workforce Services proposed a 12% reduction in workers’ compensation base rates for 2025. The department said the rate cut is possible in part because of House Bill… Full Article
d Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate… Full Article
d Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals ruled that a worker could proceed with a civil suit against her employer stemming from an attack by a co-worker and multiple members of… Full Article
d No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v. Full Article
d Industrial Commission Opens Registration for Annual Conference By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will… Full Article
d Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
d Court Upholds Calculation of Pipe Fitter's AWW By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld the calculation of a union pipe fitter’s average weekly wage from a project where he was injured. Merck Pharmaceutical contracted with Jacobs Project Management… Full Article
d Worker Fired on Day of Injury Still Entitled to TTD By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker who was fired on the day of his injury was still entitled to temporary total disability benefits. Darius L. Jefferson worked for Giant… Full Article
d Court Says Injured Worker Not Entitled to Participate in Vocational Rehab By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No. 22AP-667, 06/11/2024, published. Facts and procedural… Full Article
d Court Overturns VSSR Award for Worker With Chemical Burns By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel… Full Article
d Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:… Full Article
d Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder… Full Article
d Worker Not Entitled to Relief From Decision She Allegedly Never Received By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the… Full Article
d Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim… Full Article
d Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry… Full Article
d BWC Opens Registration for Annual Medical and Health Symposium By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation opened registration for its 2024 Medical & Health Symposium being held in November. The free virtual event will focus on how technology in medicine is… Full Article
d Widow Timely Files Asbestos-Related Occupational Disease Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure… Full Article
d Worker Gets Writ Directing Commission to Consider His Entitlement to TTD By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State… Full Article
d Court Didn't Abuse Discretion in Denying Sanctions Without Hearing By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic… Full Article
d BWC Awards $9.4M in Grants for Safety Projects By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation awarded $9.4 million in grants for workplace safety projects. The Workforce Safety Innovation Grants disbursed this year are funding four proof-of-concept projects and four prototype… Full Article
d Business Owner Pleads Guilty to Workers' Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received… Full Article
d Court Rejects Employer's Challenge to Loss-of-Use Award By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America… Full Article
d Employer Not Entitled to Relief From VSSR Award By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice… Full Article
d Worker Not Entitled to Mandamus Relief From Denial of Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay… Full Article
d Worker's Fraud Results in Award Declared Overpayment By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for… Full Article
d Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its… Full Article
d High Court Remands AOE Determination for Unobserved Fall By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The… Full Article
d Public University Employee Can't Maintain Tort Suit for Campus Accident By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of… Full Article
d No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
d Cancer-Stricken Firefighter Gets PPD Award By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld an award of permanent partial disability benefits for a cancer-stricken firefighter. Case: State ex rel. City of Cincinnati v. Industrial Commission, No. 23AP-332, 10/17/2024, published. Facts: Michael… Full Article
d ????Introducing ACF Extended Pro By www.acf-extended.com Published On :: Tue, 27 Oct 2020 01:23:41 +0000 What an adventure! ACF Extended is celebrating its 1.5 years of existence. Created in March 2019 to meet the needs of the most demanding ACF developers, the plugin has just passed the 20.000 active installations mark and is now approaching the stable version. Today, it’s time to talk about its future. ???? A Brief History […] Full Article News
d Mediation Process for Comp Claims Not Mandatory By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,… Full Article
d Supreme Court Says TTD Award Not Immediately Appealable By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Full Article
d Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,… Full Article
d Court Upholds Denial of Benefits for Cumulative Trauma Claim By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,… Full Article
d Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
d Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for… Full Article