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Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




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Group Sets Date for Medical, Comp Fraud Conference

The National Insurance Crime Bureau has set its Workers’ Compensation and Medical Investigations Conference for Oct. 1-4 in Chicago. The event's goal is to provide training and networking for insurance professionals, including…




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Court Upholds Denial of Miner's Third Claim for Black Lung Benefits

A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal…




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Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow

A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley…




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CMS Holding Webinar on Reporting Rules

The U.S. Centers for Medicare and Medicaid Services is holding a reporting webinar Sept. 12. The program will cover best practices and reminders for non-group health plans that are required to…




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Safety Inspectors Cite Employers for Silica Violations

Workplace safety regulators in California and Washington state proposed nearly $500,000 in penalties for 10 employers accused of exposing workers to crystalline silica dust. The California Division of Occupational Safety and…




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IAIABC Opens Registration for Work Comp Judicial Program

The International Association of Industrial Accident Boards and Commissions opened registration for its 2024 Judicial Program being held Oct. 29-30. The program, presented by IAIABC with the National Association on Workers’…




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NCCI Study Finds Average Impairment Rating of 6.5%

The National Council on Compensation Insurance said its analysis of impairment ratings in 33 states plus the District of Columbia found that the average whole-body impairment rating for permanently disabled…




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Attune Launches EverPeak Insurance on Digital Platform

Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina. Attune said the work comp product caters to small businesses…




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Tower MSA Webinar to Cover Set-Asides

Tower MSA Partners is holding a webinar Oct. 2  covering the ins and outs of Medicare set-asides. Dan Anders The program will cover topics including the appropriate time to obtain a…




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DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver…




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CompIQ, Bardavon Launch Automated Referral Process

CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with…




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DOL Awards $12.7M in Workplace Safety Grants

The U.S. Labor Department on Thursday announced that it awarded $12.7 million to 102 nonprofits throughout the country to pay for educational and training initiatives aimed at improving workplace safety. Funds…




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Court Rejects Employer's Challenge to Black Lung Award

The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,…




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WCRI Opens Registration for 2025 Conference

The Workers Compensation Research Institute opened registration for its 2025 annual Issues and Research Conference being held March 6-7 in Phoenix. Ramona Tanabe WCRI said it will present findings from its…




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Senate Committee Passes Bill to Increase Provider Options for Federal Workers

The U.S. Senate Homeland Security and Government Affairs Committee passed a bill that would authorize physician assistants and nurse practitioners to treat injured federal workers. The committee on Wednesday voted 12-3…




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Enlyte Launches Physical Medicine Network

Enlyte on Thursday announced the launch of Apricus Physical Medicine, a network for rehabilitation services, including occupational therapy and physical therapy. Enlyte said its specialty network brand will provide injured workers…




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9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus

A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC…




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Rail Company Owes $453,510 to Workers Fired Over Safety Concerns

A federal judge ordered CSX Transportation Inc. to pay $453,510 to two railroad workers who were fired after raising workplace safety concerns in 2017. The judge also ordered the company to…




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Goldberg Segalla Adds Attorneys in Philadelphia, Baltimore

Goldberg Segalla announced the addition of new attorneys to its workers' compensation defense offices in Philadelphia and Baltimore. Beteley T. Mulatu The firm added Angelina Nordeman to its work comp practice…




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NCCI: Medical Inflation Softens in 3rd Quarter

The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening…




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Supreme Court Overturns Finding of No Liability for Second Injury Fund

The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v.




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Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right

The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to…




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Court Tosses Appeal of Stay Order as Moot

The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v.




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Supreme Court Suspends Attorney Who Mishandled Comp Cases

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…




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Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements

The Massachusetts Appeals Court ruled that an insurance company that was not contributing any assessments to the Workers’ Compensation Trust Fund was still eligible for reimbursement for benefits paid to…




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Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




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Worker Can't Sue Over Accident Caused by Colleague in Parking Lot

The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was…




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Contractor Fined for Safety Violations That Caused Worker's Death

Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part…




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Report: Lawmaker Failed to Report Outside Employment While Collecting Comp

The Connecticut Insider on Wednesday reported that a state lawmaker received more than $100,000 in workers’ compensation benefits despite having three outside sources of income that he never disclosed. Sen. Paul…




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Statute of Limitations Ends Inquiry Into Senator's Comp Claim

The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying…




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Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability

A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in…




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Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier

The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still…




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Senators Float Classifying Substance Abuse as Occupational Hazard

Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if…




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Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102

The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a…




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NCCI Proposes Rate Cuts for 2025

The National Council on Compensation Insurance recommended an average 6.1% cut in voluntary loss costs for Connecticut in 2025. NCCI also proposed a 6.2% average reduction in the assigned risk market…




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Court Upholds Finding That City Can Offset Benefits for Former Fire Chief

The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and…




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No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall

The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:…




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Court Upholds Denial of Benefits for Worker Injured in Fall

The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community…




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WCC Commissioner Marshall Elected Chairman

The Virginia Workers’ Compensation Commission announced that Wesley G. Marshall was elected to a three-year term as chairman, effective Monday. Wesley G. Marshall Marshall succeeds Commissioner Robert A. Rapaport, whose term…




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WCC Opens Registration for 2024 Conference

The Virginia Workers’ Compensation Commission opened registration for its 2024 Education Conference and Exhibition in October. The conference provides instruction on rules, procedures, policies and forms used in the state’s comp system.




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Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…




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Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards

The Virginia Court of Appeals upheld benefit awards of closed periods for an injured paramedic, finding that she failed to prove her entitlement to additional compensation. Case: Martinka v. PHI Group Inc.,…




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Independent Contractor Can't Get Benefits for Injuries

The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante…




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Worker Gets Benefits for Shoulder Injury From Slip and Fall

The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund…




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NCCI Proposes 12% Loss Cost Decrease

The National Council on Compensation Insurance submitted a rate filing recommending that the Virginia State Corporation Commission reduce loss costs by 12%, effective April 1. The filing also recommends a 15.8%…




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Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment

The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute…




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Court Upholds Award for Postinjury Mental Health Treatment

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…




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Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care

The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v.




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Court Overturns Award for Second of Identical Injuries

The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela…