ty 2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert… Full Article
ty Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment… Full Article
ty Contractor Has Immunity From Civil Liability to Injured Worker By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v. Full Article
ty Federal Court Again Rules Contractor Has Immunity From Worker's Claim By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC… Full Article
ty Employer Faces Civil Liability for Fatal Shooting By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp. Full Article
ty Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the… Full Article
ty Supreme Court Says Employer Can't Contract to Create Liability for Negligence By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical… Full Article
ty Co-Employee Immunity Requires Both Workers to Be in COE/SOE By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that an employee who injures a colleague must be acting within the course and scope of employment when the incident occurs to receive the… Full Article
ty No Permanent Total Disability Benefits for Worker Who Lost Eye By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,… Full Article
ty DOL Proposes Indoor, Outdoor Heat Safety Rules By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 The U.S. Department of Labor released a proposed rule that would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive… Full Article
ty DOL Seeks Nominations for Advisory Committee on Occupational Safety By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The U.S. Department of Labor is seeking nominations for four positions on the National Advisory Committee on Occupational Safety and Health. The department said it is seeking one public representative, one… Full Article
ty DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk… Full Article
ty Federal Court Creates Circuit Split on Liability for Black Lung Benefits By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 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… Full Article
ty Safety Inspectors Cite Employers for Silica Violations By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
ty DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 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… Full Article
ty DOL Awards $12.7M in Workplace Safety Grants By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 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… Full Article
ty Rail Company Owes $453,510 to Workers Fired Over Safety Concerns By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
ty Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 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. Full Article
ty Contractor Fined for Safety Violations That Caused Worker's Death By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 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… Full Article
ty Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 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… Full Article
ty Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
ty Board Applies Wrong Compensability Standard to Asbestos Claim By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for… Full Article
ty Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked… Full Article
ty Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating… Full Article
ty Pinnacol Urges Vigilance for Vehicle Safety By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 Colorado’s Pinnacol Assurance urged the state’s employers to be proactive in reviewing and enhancing their vehicle safety protocols, saying heavily traveled roads during summer months increase the risk of accidents. Pinnacol… Full Article
ty Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him… Full Article
ty Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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,… Full Article
ty Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered… Full Article
ty Court Dismisses Carrier's Challenge to Compensability Finding By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual… Full Article
ty DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from… Full Article
ty Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
ty Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No. Full Article
ty Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State… Full Article
ty L&I Fines Roofing Companies $1.27M for Fall Safety Violations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said… Full Article
ty Property Owner Not Entitled to Summary Dismissal of Suit By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to… Full Article
ty SB 863 and Its Impact on Permanent Disability (1 of 3) By ww3.workcompcentral.com Published On :: Tue, 19 Aug 2014 08:27:47 -0700 This one-hour session will provide an in-depth look at how SB863 has impacted permanent disability outcomes and costs in the California Workers’ Compensation system. Full Article
ty 2015 Facility Fee Schedule Update By ww3.workcompcentral.com Published On :: Mon, 17 Nov 2014 11:20:59 -0800 Recent changes to both Inpatient and Outpatient facility billing for 2015. Full Article
ty Understanding Permanent Disability Rebuttal and Apportionment By ww3.workcompcentral.com Published On :: Tue, 05 May 2015 11:07:25 -0700 This six hour course will cover the Burden of Proof on Causation of Disability and includes the ultimate checklist for handling a Guzman rebuttal case. Full Article
ty Work Comp Matters - Free Weekly Podcast - Episode 48: Net Neutrality By ww3.workcompcentral.com Published On :: Fri, 01 Dec 2017 08:34:19 -0800 "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… Full Article
ty Assessing the Credibility of Psychiatric Claims By ww3.workcompcentral.com Published On :: Wed, 02 May 2018 15:24:24 -0700 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… Full Article
ty Work Comp Matters - Free Weekly Podcast - Episode 85: Guilty By ww3.workcompcentral.com Published On :: Fri, 24 Aug 2018 08:52:30 -0700 On this edition of work comp matters, Steve & the boys talk about all the presidents men and who is guilty and who is not. Also, Ted talks about a… Full Article
ty Work Comp Matters - Episode 108: Death Penalty By ww3.workcompcentral.com Published On :: Fri, 15 Mar 2019 09:41:24 -0700 During this episode of Work Comp Matters Steve, Robert, Mike & Ted talk about governor Gavin Newsom placing a stay on the death penalty, the Nationwide college admissions scandal regarding… Full Article
ty Double-Dipping State Trooper Pleads Guilty to Larceny By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 The Connecticut Division of Criminal Justice announced that a former state trooper who operated a silk-screening business while receiving temporary disability benefits pleaded guilty to two counts of larceny. Kevin Moore,… Full Article
ty Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 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… Full Article
ty Court Upholds Finding of Compensability for Worker's Back Injury By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked… Full Article
ty DOL Reports Decline in Workplace Fatality Investigations By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June… Full Article
ty Sedgwick Names Andrea Buhl President of Casualty By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 Sedgwick on Monday announced that it named Andrea Buhl president of its casualty group. Andrea Buhl Buhl has held numerous leadership roles at Sedgwick over the last 15 years, most recently… Full Article
ty Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary… Full Article
ty No Disability Pension for Police Officer Who Refused Surgery By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury. Case: Shirley v. Village of Clarendon Hills Police Pension… Full Article
ty Legal Specialization Test Prep - Ethics and Professional Responsibility By ww3.workcompcentral.com Published On :: Thu, 30 May 2019 10:58:07 -0700 Hon. Clint Feddersen designed this course to prepare experienced workers' compensation attorneys to become California Certified Legal Specialists in Workers' Compensation Law. Full Article