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Court Upholds Dismissal of Municipal Employee's Tort Suit Against Employer

A Louisiana appellate court upheld the summary dismissal of a municipal employee’s suit against her employer for her injuries from a fall allegedly caused by the city’s negligence in maintaining…




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Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits

A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…




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Lawmakers Pass Bill Limiting Recovery for Misclassification

Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover. Rep.




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LASIE Seminar to Cover Basic Principles of Medical Injuries

The Louisiana Association of Self Insured Employers is holding a one-day seminar covering the basic principles of medical injuries commonly seen in workers’ compensation. The seminar will cover how to review…




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Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset

A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell…




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Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro…




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Appeals Court Partially Reverses Employer's Win

A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment…




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Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her…




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High Court: No Compensation for Jouster Injured at Renaissance Festival

The Louisiana Supreme Court declined to hear the appeal of a decision finding that a man injured while jousting was excluded from the state's workers' compensation system. On Tuesday, a 6-1…




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Injured Firefighter Successfully Challenges Reduction in Benefits

A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost…




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Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio…




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WCC: Amended Rules Allow Electronic Payment

The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments. The commission on Friday published a statement announcing that the new…




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Court Upholds Denial of Worker's Claim for PTD

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…




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Supreme Court Reinstates PTD Award for Worker With Back Injury

The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino…




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Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…




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Injured Deputy Doesn't Prove Entitlement to PTD Award

The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked…




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Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation

The South Carolina Court of Appeals ruled that an injured nurse was entitled to benefits for a closed period and that the Workers’ Compensation Commission erred in calculating her average weekly wage. Rachel…




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High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing…




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No Benefits for Worker Injured in Fall From Ladder

The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v.




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Supreme Court Clarifies Statutory Review Process for Comp Cases

The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Gena Cain Davis worked as…




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Court Revives Civil Suit Over Worker's Fatal Heart Attack

The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a…




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Commission Sets Claims Administration Workshop

The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be…




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Commissioner Wilkerson Retires Sept. 15

The South Carolina Workers’ Compensation Commission announced that Avery B. Wilkerson Jr. will retire, effective Sept. 15. Avery B. Wilkerson Jr. Wilkerson has served as a commissioner since June 2008 when…




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Supreme Court Reissues Decision Questioning Its Own Precedent

The South Carolina Supreme Court reissued its decision upholding an injured worker’s award but questioned the continued viability of its case law allowing an employer to base its defense on a…




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Truck Driver's Prior Leg Injuries Don't Subject Award to Offset

The Kansas Court of Appeals ruled that an injured truck driver’s award for a knee injury was not subject to offset due to prior leg injuries. Case: Cregger v CLW Farms Inc.,…




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Court Upholds Denial of Worker's Request to Modify Award

The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No.




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Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for…




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Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…




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Worker Fails to Show Good Cause for Delayed Prosecution of Claims

The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for…




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Worker Fails to Prove Employer's Payroll Met Threshold for Coverage

The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v.




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State Fund Must Pay for Continuing Treatment of Worker's Injury

The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out…




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WCRI: TD Duration Remains Shorter Despite Recent Growth

An increase in average temporary disability duration drove a nearly 10% increase in average indemnity benefits per claim in Wisconsin in 2022, according to a recent study from the Workers…




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OSHA Fines Waste Management Company $367,410

The federal Occupational Safety and Health Administration fined a Wisconsin waste management company $367,410 for violations identified during the investigation of a workplace injury. OSHA said a worker at John’s Disposal Services,…




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Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims

The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise…




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Social, environmental factors may raise risk of developing heart disease and stroke

Research Highlights: People living in neighborhoods with more environmental adversities, including pollution, toxic sites, high traffic and few parks, had higher rates of cardiovascular disease and cardiovascular disease risk factors. This association ...




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Treating gum disease after heart rhythm ablation reduced risk of AFib recurrence

Research Highlights: Treating gum disease within three months after a heart procedure to correct an irregular heart rhythm, known as atrial fibrillation (AFib), may lower the chances of it reoccurring. Inflamed gums may predict AFib recurrence after...




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Cardiovascular care centered on the patient is key and helps improve equity and outcomes

Statement Highlights: Patient-centered care establishes a respectful partnership among the health care team, the patient and caregivers to make shared decisions about management tailored to the patients’ beliefs, preferences and...




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Adults with congenital heart disease faced higher risk of abnormal heart rhythms

Research Highlights: Almost 1 in 5 adults with congenital heart disease living in Israel had or developed an abnormal heart rhythm over five years. Adults with congenital heart disease who developed an irregular heart rhythm in the heart’s upper...




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Good heart health in middle age may preserve brain function among Black women as they age

Research Highlights: Middle-aged Black women with better heart health were less likely to show a decline in mental function compared with middle-aged Black women with worse heart health. In this study, heart health was unrelated to cognitive decline...




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Brief anger may impair blood vessel function

Research Highlights: When adults became angry after remembering past experiences, the function of cells lining the blood vessels was negatively impaired, which may restrict blood flow. Previous research has found that this may increase the risk of...




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Personalized screening early in pregnancy may improve preeclampsia detection




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Early diagnosis & treatment of peripheral artery disease essential to improve outcomes, reduce amputation risk

Guideline Highlights: The new joint guideline from the American Heart Association and the American College of Cardiology provides recommendations to guide clinicians in the treatment of patients with lower extremity peripheral artery disease (PAD) and ...




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El diagnóstico y tratamiento tempranos de la enfermedad arterial periférica son esenciales para mejorar los resultados y reducir el riesgo de amputación

Aspectos destacados de la guía: La nueva guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology ofrece recomendaciones para guiar a los médicos en el tratamiento de pacientes con...




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Palliative care beneficial to manage symptoms, improve quality of life for people with CVD

Statement Highlights: Palliative medication management focuses on providing relief from symptoms and enhancing quality of life for people with cardiovascular disease throughout the various stages of the disease. Decisions about initiating, adjusting...




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Los cuidados paliativos son beneficiosos para tratar los síntomas y mejorar la calidad de vida de las personas con ECV

Aspectos destacados de la declaración: El manejo de los medicamentos paliativos se enfoca en el alivio de los síntomas y en la mejora de la calidad de vida de las personas con enfermedades cardiovasculares en las distintas etapas de la enfermedad. La...




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30-year risk of cardiovascular disease may help inform blood pressure treatment decisions

Research Highlights: A comparison of two tools for calculating cardiovascular disease risk found that if only the current 10-year risk thresholds are applied, fewer adults may be recommended for blood pressure-lowering medication. The tools, The...




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La atención coordinada en niños con síndrome de Down y cardiopatías congénitas reviste gran importancia

Prohibida su divulgación hasta las4:00 a. m., hora del centro / 5:00 a. m., hora del este, del jueves, 12 de septiembre de 2024   DALLAS, 12 de septiembre de 2024 - Según una nueva declaración científica de la American Heart Association (la Asociación...




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La nueva guía explica en detalle cómo manejar el riesgo de enfermedades cardiovasculares (ECV) antes, durante y después de una cirugía no cardíaca

Aspectos destacados de la guía: La guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology, que aborda el tratamiento y la evaluación cardiovascular de los pacientes antes, durante y...




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Knowing you have a brain aneurysm may raise anxiety risk, other mental health conditions

Research Highlights: People diagnosed with unruptured cerebral aneurysms (weakened areas in brain blood vessels) who are being monitored without treatment have a higher risk of developing mental illness compared to those who have not been diagnosed...