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Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…




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Gilson Daub Opens Chicago Office

Workers’ compensation defense firm Gilson Daub opened a new office in Chicago that it said was part of its expansion efforts in the Midwest. Elizabeth Vicars At the same time, the…




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Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer

A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:…




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Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…




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Court Upholds Summary Dismissal of Retaliation Claim

A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008.




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Audit Finds 'Major Improvement' in City's Comp Program Under TPA

Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the…




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Chamber, Self-Insurers' Association Open Registration for Work Comp Conference

The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law…




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Disability Law Allows Withholdings From Employees' Benefits

The Illinois Appellate Court ruled that the Public Employee Disability Act does not prohibit an employer from withholding taxes from a worker’s benefits. Case: Bitner v. City of Pekin, No. 4-23-0718,…




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Governor Announces Arbitrator Reappointments

Gov. J.B. Pritzker on Monday announced several arbitrator reappointments to the Illinois Workers' Compensation Commission. The reappointed arbitrators are: Joseph Amarilio. Crystal Caison. Paul Cellini. Ana Vazquez Diaz. Gerald Granada. Jessica Hegarty. Adam Hinrichs. Jeffrey Huebsch. Nina Mariano. Maureen Pulia. Pritzker has also appointed…




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Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations

A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,…




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Governor Appoints Magda Derisma-Oyewole as Arbitrator

Illinois Gov. J.B. Pritzker on Monday appointed Magda Derisma-Oyewole as an arbitrator for the state Workers’ Compensation Commission. Magda Derisma-Oyewole Derisma-Oyewole has been a practicing attorney since 2015 and focused on…




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Comp Attorney James Keefe Sr. Dies at 68

Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said…




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Court Rejects Police Officer's Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No.  406 C.D. 2023,…




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Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…




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Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot

A Pennsylvania appellate court on Monday ordered a workers’ compensation judge to determine whether an employer should be penalized for failing to reimburse an injured worker for medical cannabis. The Commonwealth…




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Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack

The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,…




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Worker Left Quadriplegic Fails to Timely Notify Carrier

The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120…




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Court Upholds Denial of Worker's Claim for Lead-Exposure Injury

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,…




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Labor Committee Hears Testimony on Misclassification

The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of…




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Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim

The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:…




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Court Upholds Dismissal of Worker's Untimely Appeal

The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,…




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Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim

The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to…




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Court Rejects Municipal Worker's Constitutional Challenges to IRE Procedures

The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,…




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Collateral Estoppel Precludes Worker From Challenging Validity of Settlement

The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No.




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Injured Firefighter Not Entitled to Reinstatement of Benefits

The Commonwealth Court of Pennsylvania ruled that an injured firefighter was not entitled to reinstatement of his benefits. Case: Marinack v. City of Pittsburgh (WCAB), City of Pittsburgh v. Marinack (WCAB),…




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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate…




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Decision Allows Billing Agent to Pursue Civil Claims Against Carriers

Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in…




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High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…




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Bill Would Limit Employment Protections for Medical Cannabis Users

Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick…




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Court Upholds Modification of Worker's Benefits for Specific Loss

The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.




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Injured Worker May Not Set Aside Settlement With Employer

The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),…




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Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies

The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of…




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Widow Gets Award for Paramedic's Fatal Heart Attack

The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No.




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Court Rejects Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a…




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Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident

The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D.




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Court Rejects Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:…




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Supreme Court to Address Exception to Going-and-Coming Rule

The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…




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Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel

The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid…




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Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset

The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had…




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Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City…




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Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an…




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Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…




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Supreme Court Grants Review of Drug Fee Schedule Dispute

The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values…




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Department Accepting Requests for Assessment Refund Through Feb. 24

The Pennsylvania Insurance Department announced that it will accept requests for refunds of 2009 work comp security fund assessments through Feb. 24. A provision in the budget bill lawmakers passed this…




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Court Upholds Modification of Worker's Status to Partially Disabled

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…




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Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries

The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:…




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Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries

The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,…




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WCRI Webinar to Cover System Trends

The Workers Compensation Research Institute is holding a webinar on Oct. 2 to cover key findings from the latest editions of its CompScope Benchmarks and Medical Benchmarks for Pennsylvania, as…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at…




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Court Upholds Employer's Entitlement to Terminate Worker's Benefits

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…