A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.

A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South…

The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under…

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…

The federal Office of Workers’ Compensation Programs is holding a basic orientation course Aug. 21 for providers recently authorized to render medical treatment and evaluations for injured federal workers. The program will…

The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained…

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 v. Bartley, No. 22-2283, 08/20/2024, unpublished.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…

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…

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…

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…

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…

The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist…

A divided West Virginia Supreme Court ruled that the doctrine of collateral estoppel did not bar a worker who failed to prove his occupational disease claim from seeking a civil…

The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…

West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his…

The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a…

The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The…

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…

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…

The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering…

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…

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,…

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…

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…

The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,…

The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is…

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…

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,…

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…

The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina…

The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on…

This one-hour session will focus on reviewing medical reports from a lay-person perspective.

The California Workers' Compensation Appeals Board is moving lien claims to the Oxnard district office to cut down on the amount of claims that have piled up at Los Angeles,…

Learn to navigate the treacherous waters of UR / IMR, and get the list of DO's and DO NOT's for Applicants, Defendants and Doctors.

The Claims Specialist's QuickStart Guide: Adjuster Certification Process…

Learn the fundamentals of the new 2015 Copy Service Fee Schedule. Understand how things are defined, what services are bundled, and when services are not payable. This class is important…

Training will include: facts to know about the Return to Work Fund/Benefit (RTWF or RTWB), important dates and deadlines to remember, what do you and your client need to avoid…

This four hour seminar is an interactive educational program designed for primary treating physicians and specialists managing injured workers. The course is ideally suited for practicing medical providers, chiropractors and…

Improving Benefit Adequacy for On-the-Job Injuries: the approach by the Texas Nonsubscriber Option might surprise you. …

"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…

"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…

Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial. Understand how to Litigate a Workers’ Comp Case, when the primary issue is Permanent Disability. This…

"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…

"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…

Once again Laura Wilson joins the round table to talk to the guys about vocational rehabilitation, IMR, Home Ownership, the Gig Economy and other issues of interest to employees, employers,…

Workers' compensation public policy research is thriving. Big data and next generation analytics have created new insights into all corners of the national workers' compensation system. The best research can…

Improving Communication in Workers' Compensation…

Words matter, and people's perceptions shape their opinions and affect their outcomes. How does the language we use affect the recovery for those we serve within the workers compensation system?…

This week Robert & Steve give thanks to friends, colleagues & those that we love for their contribution to our success. Additionally, Robert & Steve discuss the fires that…