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Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits

A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident…




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Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim

A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…




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Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident

A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…




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Temp Worker Can't Maintain Tort Suit Against Employer's Client

A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,…




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Court Revives Worker's Challenge to Partial Denial of Claim

A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates…




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Nonsignatory Can't Compel Arbitration of Wrongful Death Claim

A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit…




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DWC Raises Discount Rate Slightly

The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the…




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ICT Sets Webinar on Social Media in Claims Resolution

The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…




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Federal Court Sends Worker's Jones Act Claim Back to State Level

A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the…




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Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer

A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…




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Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer

A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…




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Court Upholds Restitution Order Against Convicted Fraudster

The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Claimant Confusion Leads to Lawsuits Against Comp Attorney

A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker…




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Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail…




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Court Overturns $8.7 Million Jury Verdict Against Vessel Owner

The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine…




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Report: DOE Awards New Contract for Hanford Comp Claims

The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City…




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Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim

The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of…




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Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim

The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…




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Appeals Court Reverses Order Precluding Worker From Making PPD Claims

A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability…




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Court Upholds Closure of Worker's Claim, Denial of Additional Treatment

The Washington Court of Appeals upheld a decision closing a worker’s claim and denying her further treatment. Case: Creighton v. United Airlines Inc., No. 58293-7-II, 08/27/2024, unpublished. Facts: Tamra Creighton worked for…




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Interpreters File Class Action Suit for Unpaid Wages

The Washington Federation of State Employees and four interpreters filed a putative class action lawsuit against the Department of Labor and Industries over alleged unpaid wages for services provided to…




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Claims School Seminar to Explore Return to Work, Case Law and IMEs

Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical…




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State Lacks Jurisdiction Over Worker's Injury Claim

The Vermont Supreme Court upheld the summary dismissal of a worker’s claim for benefits for an out-of-state injury. Ian Burnett worked for Home Improvement Co. of Vermont. HIC is a Vermont…




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Claim Investigation: Tactics, Strategies and Fraud

The claims professional is the decision maker with respect to compensability of any claimed injury, and with respect to the benefits that are to be voluntarily paid. These decisions will…




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Claims Adjuster Quiz

This is a test-only course for the 120-Hour California Claims Adjuster Credential. All adjusters who complete the This is a test-only course for the 120-Hour California Claims Adjuster Credential program,…




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Advanced Impairment Report Design

This course is essential for any professional in workers’ compensation who creates, reviews or processes PR-4 Reports or QME/AME Reports. In this informative webinar, the attendee will learn how to…




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Advanced Hearing and Lien Rep Training

Advanced Hearing and Lien Rep Training is a course designed for workers’ compensation professionals who have experience trying cases and negotiating at the WCAB. The course is more advanced and…




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Methods for Obtaining Highly Accurate Impairment Rating Results

Master an understanding of CA Work Comp impairment rating. Join Dr. John Alchemy, MD, QME, CIME, founder and CEO of RateFast (www.Rate-Fast.com) and Impairment Rating Specialists (www.pr4report.com), for an exclusive…




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ICD-10 Coding to Get Paid

Presented by Suzanne Honor-Vangerov, Esq, CPC, CPC-I, CMSP, and co-instructed by Gladys Ross, CPC, CCS-P, ACS-EM. - Musculoskeletal System - Nervous System - Skin - Subcutaneous Tissue - Mental, Behavioral and Neurodevelopmental…




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Adjuster Claims Handling, Settlement, Arbitration and Mediation

Presented in Partnership with Adelson, Testan, Brundo, Novell & Jimenez. Discussion will include: - Judicial Litigation Tips (Death Benefits, Penalties, Sanctions, Other Remedies) - Ethics - Claims Handling - Subrogation - Settlements - Arbitration -…




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Annual Hearing and Lien Representative Training

This program will instruct Hearing Reps and Lien Reps in the fundamentals about a work comp claim - from injury to opening a case, pre-trial issues, mandatory settlement conferences, and…




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Work Comp Matters - Free Weekly Podcast - Episode 34: Chain of Command

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Assessing the Credibility of Psychiatric Claims

This program will educate attorneys and claims adjusters on the various methods for assessing the credibility of psychiatric injury claims. Attorneys will gain a better understanding of psychological testing and…




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Work Comp Matters - Free Weekly Podcast - Episode 86: Bail Me Out

In this episode of Work Comp Matters, Steve talks about California’s cash bail being eliminated for the 1st time in any State in the nation’s history. Whatever you…




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AMA Guides 5th Edition - Impairment Assessment Certification

If you work with impairment assessments, you must understand the correct use of the AMA Guides to the Evaluation of Permanent Impairment. This is the solution to help you master…




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120-Hour California Claims Adjuster Credential

This program includes over 120 hours of state-required training to become a licensed Claims Adjuster in California. …




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AMA Guides Impairment Ratings: Detecting and Managing Bad Evaluations

This program will enhance each student's ability to identify poor quality evaluations and erroneous ratings. Dr. Chris Brigham will provide an insider's perspective and practical guidance.




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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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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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Worker Failed to Link Fall at Home to Prior Work-Related Ankle Injury

A New York appellate court ruled that a worker failed to establish her injuries from a fall at home were related to an ankle injury from an on-the-job accident which…




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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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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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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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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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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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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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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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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…