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Work Comp Matters - Episode 119: Magic Mushrooms

This week on Work Comp Matters, Charles Rondeau of The Rondeau Law Firm called in for the first five minutes to talk about the appeal he filed in the District…




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Work Comp Matters - Episode 120: Quest Diagnostics

This week on Work Comp Matters, Steve and the guys talk about the Quest Diagnostic data breach that affects almost 12,000,000 people. Additionally, the guys report on the Work Comp…




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Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints

This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of…




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Seasonal Worker Payroll Threshold Increases 3.9%

The Texas Division of Workers' Compensation announced that the gross annual payroll requirements for coverage of seasonal workers will increase 3.9% next year. Seasonal workers for agricultural companies with annual gross…




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Commissioner Approves 6.9% Rate Decrease

The New Jersey Commissioner of Banking and Insurance approved a 6.9% decrease in rates for workers' compensation policies incepting on or after Jan. 1. Average rate changes will vary by industry…




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State Didn't Have Jurisdiction Over Truck Driver's Out-of-State Accident

A New York appellate court ruled that the state workers’ compensation system did not have jurisdiction over a truck driver’s claim based on injuries he sustained in an out-of-state accident…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Inaccurate Credentials Don't Disqualify Vocational Expert

A Pennsylvania court rejected an injured worker's request to disqualify a vocational expert on the basis that the expert's correspondence indicated he was a certified disability management specialist after his…




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Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…




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Benefits Increasing 4.3% in January

The Oklahoma Workers' Compensation Commission announced that maximum benefits for injuries, illnesses and deaths will increase 4.3% in January to match an increase in the state's average weekly wage. The state's…




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Worker Failed to Prove Injuries from Alleged Assault by Colleague

A New York appellate court ruled that a worker was not entitled to benefits for injuries from an alleged assault by a coworker. Case: Matter of Lebeau v. Meet Caregivers Inc.,…




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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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WCS Opens Registration for Training Webinars

The Nevada Workers’ Compensation Section opened registration for free online training classes that will be held in January. The WCS is holding a basic orientation session Jan. 8 that will cover…




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WCIRB C&R Committee Meeting Nov. 12

The Workers’ Compensation Insurance Rating Bureau of California Classification and Rating Committee is meeting Nov. 12. Committee members will review a draft report investigating the idea of a universal payroll limitation. The…




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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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CLARA Analytics Names Eugene Wong CFO

CLARA Analytics announced that it hired Eugene Wong as chief financial officer. Eugene Wong Wong brings more than 15 years of finance and operating experience to his new role with the…




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Governor Appoints Three to CHSWC

California Gov. Gavin Newsom appointed three new members to the Commission on Health and Safety and Workers’ Compensation. Gov. Gavin Newsom The governor appointed Jen Hamelin and Kristi Montoya to represent…




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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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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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Governor Pitches Privatizing Pinnacol

Colorado Gov. Jared Polis pitched privatizing Pinnacol Assurance in his proposed budget for the fiscal year that starts July 1. The governor’s proposal is the opening salvo in budget negotiations with…




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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…