s Court: WCJ Needs to Revisit Contingency Fee Agreement By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane… Full Article
s Lawmaker Introduces Bill to Address Surviving Spouse Benefits By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 Pennsylvania Rep. Lindsay Powell introduced legislation that would require that the same eligibility standards apply when awarding death benefits to widows and widowers while also exempting spouses of first responders… Full Article
s Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The… Full Article
s Railway Worker Fails to Prove Ear Injury, Hearing Loss By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652… Full Article
s Court Upholds UR Determination That Worker's Treatments Weren't Necessary By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He… Full Article
s Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D. Full Article
s Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
s Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc. Full Article
s Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
s House Passes Direct Deposit Bill, Senate Passes PTSD Bill By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Pennsylvania General Assembly passed a bill that would make direct deposit the default method for paying workers' compensation benefits, and the Senate signed off on a measure that would make… Full Article
s Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
s Goldberg Segalla Adds Attorney in Philadelphia By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and… Full Article
s Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for… Full Article
s Direct Deposit, PTSD Measures Head to Governor By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits… Full Article
s Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a… Full Article
s Second Injury Fund Not Liable for Worker's PTD By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked… Full Article
s Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
s No Benefits for Worker Allegedly Injured in Stairwell Mishap By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez… Full Article
s Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as… Full Article
s Worker Can't Proceed With Civil Suit Against Statutory Employer By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,… Full Article
s Missouri Employers Mutual Rebrands Ahead of Privatization By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to… Full Article
s Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of… Full Article
s High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and… Full Article
s Insurance Department Adopts 6.7% Rate Cut By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Idaho Department of Insurance on Wednesday announced that it accepted the National Council on Compensation Insurance's rate filing for an average 6.7% reduction in workers’ compensation rates. Dean L. Cameron The… Full Article
s Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
s DWC Updates Hospital, ASC Fee Schedule By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Friday announced additional changes to the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule to align with… Full Article
s Assembly Passes Measure Extending 4850 Time to Park Rangers By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted… Full Article
s Senate Passes Bill to Prolong Electronic Payment Authorization By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass… Full Article
s Commissioner Announces CIGA, WCIRB Appointments By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 California Insurance Commissioner Ricardo Lara on Tuesday announced two appointments to the Workers’ Compensation Insurance Rating Bureau Governing Committee and the California Insurance Guarantee Association board of governors. C. Bryan Little (www.fels.net) … Full Article
s Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it… Full Article
s Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’… Full Article
s Legislature Passes Bill to Give Park Rangers 4850 Time By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to… Full Article
s Vocational School Officials Charged in SJDB Fraud Case By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,… Full Article
s CHP Arrests Former Officer for Suspected Fraud By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The California Highway Patrol announced that a former officer was arrested Tuesday on suspicion of workers’ compensation fraud. Jordan Lester, 44, filed a work comp claim in July 2021 and was… Full Article
s Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity' By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended… Full Article
s Cal/OSHA Hires More Investigators By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 California's Division of Occupational Safety and Health, commonly known as Cal/OSHA, has increased staffing in its Bureau of Investigations Unit to take on more probes into serious workplace injuries across the… Full Article
s Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
s Bill to Mandate In-State Licensing for UR Docs Returns By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 A bill that would require some doctors performing utilization review to be licensed in the state was brought back to life after spending roughly a year on the California Assembly’s… Full Article
s Amendment Expands E-Signature Bill By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Electronic signatures would be allowed for all California workers’ compensation documents, under a recently amended bill. Assemblymember Diane Dixon, R-Newport Beach, last week amended AB 2337 to strike a provision that… Full Article
s Kids' Chance Awards $225,115 in Scholarships By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Kids’ Chance of California awarded $225,115 in scholarships to 42 students for the upcoming academic year. The nonprofit organization that provides scholarships to children of those who were seriously injured or killed… Full Article
s CWCI Publishes Report on Average Benefit Payments By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years… Full Article
s Legislature Passes Farmworker Heat Injury Bill By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers… Full Article
s WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked… Full Article
s Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended… Full Article
s Assembly Passes State Licensing Requirement for UR Docs By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,… Full Article
s Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 California lawmakers closed out the 2024 legislative session by passing a bill that would allow electronic signatures on all work comp documents, and a bill requiring that doctors who do utilization review on claims… Full Article
s Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP… Full Article
s WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former… Full Article
s CCWC Opens Registration for 21st Annual Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The California Coalition on Workers’ Compensation opened registration for its 21st annual Conference, Legislative and Educational Forum. The three-day event will feature four general sessions and 15 breakout discussions about issues… Full Article
s Safety Regulators Remind Employers to Protect Workers From Smoke By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill… Full Article