vi Employer Liable for Comp Gets Dismissal of Worker's Civil Claim By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 A New York appellate court ruled that an employer was entitled to the dismissal of an injured worker’s civil claims against it after it was held liable for workers’ compensation… Full Article
vi Worker's Labor Law Claim Dismissed; Defendant's Indemnification Claim Revived By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 A New York appellate court upheld the summary dismissal of a worker’s Labor Law claim and revived a defendant’s third-party indemnification claim. Case: Pitang v. Beacon Broadway Co. LLC, No. 27350/17, 10/01/2024,… Full Article
vi Report: WCB Says Patriots Owe $24,000 for Not Having Comp By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The New York State Workers' Compensation Board is trying to collect a $24,000 fine from the New England Patriots for not having workers' compensation coverage, according to a report by… Full Article
vi DIR Moving Las Vegas Office By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Nevada Division of Industrial Relations announced that its Las Vegas office and the last day business will be conducted in the current location is Tuesday. Starting Thursday, the DIR will… Full Article
vi WCA Interviews Prospective Judges Sept. 10 By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The New Mexico Workers’ Compensation Administration will interview applicants for a vacant judicial position Sept. 10 at its main office in Albuquerque. Judge Leonard Padilla The WCA in May started accepting… Full Article
vi WCA Seeks Public Review of Rule Changes By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 New Mexico's Workers' Compensation Administration says rule changes will take effect on Jan. 1, and the agency invites the public to take part in a webinar and to submit comments… Full Article
vi Court Upholds Summary Dismissal of Civil Claim From Ladder Accident By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s civil claim for injuries he allegedly sustained on a construction project. Case: Gjana v. Daibes Enterprises… Full Article
vi Court Says Violation of Safety Rules Alone Doesn't Constitute Intentional Harm By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 The Appellate Division of New Jersey’s Superior Court affirmed a trial court’s decision granting summary judgment that dismisses an intentional harm case, saying the injured worker failed to clear the high… Full Article
vi Worker Fails to Allege Viable Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an injured worker failed to allege a viable claim of disability discrimination or workers’ compensation retaliation. Case: Wraith v. Wayfair Inc., No. 23-2400, 09/11/2024, unpublished. Facts:… Full Article
vi Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,… Full Article
vi Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Nebraska Court of Appeals upheld the denial of a worker’s claim because she failed to demonstrate a causal connection between her alleged injuries and her workplace accident. Case: Chavez v. Tyson… Full Article
vi Court Revives Health Care Worker's Claim for Tuberculosis By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The Hawaii Court of Appeals revived an injured health care worker’s untimely claim for her tuberculosis infection. Case: Weis v. Pali Momi Medical Center, No. CAAP-19-0000575, 06/04/2024, unpublished. Facts: Teresa L. Weis… Full Article
vi Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that… Full Article
vi HEMIC Declares $5M Dividend By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 Hawaii Employers’ Mutual Insurance Co. announced a $5 million dividend for qualifying policyholders. The carrier said the dividend will be the largest in its history and brings to $53 million the… Full Article
vi WCD Adds 'Physician Associate' to Change of Provider Form By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division on Friday announced that it updated the form used to request a change of provider to replace the term “physician assistant” with “physician associate.” The WCD… Full Article
vi Carrier Doesn't Have to Treat Worker as Having 'Combined Condition' By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Oregon Court of Appeals ruled that an insurance carrier did not have to treat a worker as having a combined condition when none of her impairment was related to her compensable… Full Article
vi Carrier Must Modify Notice of Acceptance Upon Receiving IME Report By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by… Full Article
vi Comp Division Pitches Changes to Assessment Rules By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,… Full Article
vi Rulemaking Advisory Committee Reviewing Treatment Regs By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss… Full Article
vi Bluffs of St. Teresa – Ochlockonee Vista Joins Landscapes By blog.wfsu.org Published On :: Tue, 14 May 2024 18:08:33 +0000 The Bluffs of St. Teresa: hike to an overlook on the Ochlockonee River in this linchpin of the Florida Wildlife Corridor. Full Article EcoAdventures Bald Point State Park Florida Wildlife Corridor hiking
vi The unrecognizable ice age Wacissa: Revisiting Ryan-Harley By blog.wfsu.org Published On :: Mon, 28 Oct 2024 14:21:47 +0000 At the Ryan-Harley site, archeologists reconstruct the ice age landscape of the Wacissa River, where early Floridians left artifacts. Full Article Archaeology Paleontology History and Indigenous Cultures Archeology Aucilla/ Wacissa Watershed Bruce Means Harley Means Morgan Smith Ryan Means Ryan-Harley Site Suwannee culture Wacissa River Wacissa River. archeology
vi Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was… Full Article
vi Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of… Full Article
vi Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in… Full Article
vi Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager. Full Article
vi Worker Gets PTD for Loss of Vision, Additional PPD for Nonschedule Injuries By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Illinois Appellate Court ruled that a worker was entitled to permanent total disability benefits for the loss of use of the eyes, plus additional permanent partial disability benefits for… Full Article
vi Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,… Full Article
vi Decision Allows Billing Agent to Pursue Civil Claims Against Carriers By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in… Full Article
vi Supreme Court Grants Review of Drug Fee Schedule Dispute By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values… Full Article
vi 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
vi 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
vi 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
vi 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
vi Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to… Full Article
vi DWC Closing Eureka Virtual Office Oct. 18 By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests… Full Article
vi WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual… Full Article
vi Pacific Workers' Law Adds Yuvanna M. Davis to Firm By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and… Full Article
vi Court Revives Worker's Claims for FEHA Violation, IIED By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly… Full Article
vi Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or… Full Article
vi Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard… Full Article
vi WCIRB Posts Report on COVID Claims By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed… Full Article
vi Cal/OSHA Cites Farm Labor Contractor for Heat Violations By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in… Full Article
vi Twice-Convicted Fraudster Charged in Alleged $100M Scheme By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges… Full Article
vi Insolvency Pool Can't Collect From Carrier for Staffing Service's Client By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing… Full Article
vi Comp Settlement Doesn't Preclude Civil Suit Against Third Parties By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors… Full Article
vi 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
vi 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
vi 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
vi WCC Provides Contact Info for New Legacy Court By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin… Full Article
vi Court of Existing Claims Announces Preliminary Review Docket By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at… Full Article