ac WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked… Full Article
ac Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP… Full Article
ac Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California… Full Article
ac WCIRB Actuarial Committee Meets Tuesday By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California’s Actuarial Committee will review insurer experience reports during a meeting Tuesday. Committee members will discuss the report evaluating insurer experience as of June 30,… Full Article
ac Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:… Full Article
ac 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
ac Governor Signs Bill to Delay Comp Mandate for Contractors By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a… Full Article
ac WCIRB Promotes Tony Milano to EVP, Chief Actuary By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California on Thursday announced the promotion of Tony Milano to executive vice president and chief actuary. Tony Milano “Tony’s promotion to our Senior Leadership… Full Article
ac 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
ac Pharmacy and Therapeutics Committee Meets Oct. 16 By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The California Division of Workers’ Compensation Pharmacy and Therapeutics Committee is meeting virtually on Oct. 16. The 2015 bill that directed the DWC to create a prescription drug formulary also created… Full Article
ac 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
ac DWC Opens Second 15-Day Comment Period for Pharmacy Rules By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the… Full Article
ac 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
ac 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
ac Report: Man Accused of Selling Insurance Without License By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being… Full Article
ac 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
ac Governor Approves Legacy Court, Mental Health Bills By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on… Full Article
ac 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
ac 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
ac Comp Commission Updates CEC Contact Information By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Commission announced personnel updates and changes in contact information within the Court of Existing Claims. The commission said Katrina Stephenson, who will become judicial liaison and order… Full Article
ac DOL Sets Benefit-Assistance Events for Black Lung Disease Cases By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The U.S. Department of Labor's federal Black Lung Program has set outreach events for current and former coal miners with disabilities related to black lung disease in Indiana, Illinois and Kentucky. Miners' families and… Full Article
ac WCRI Webinar to Cover Impact of Excessive Heat By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a 30-minute webinar on June 6 to discuss the impact of excessive heat on workplace injuries. WCRI recently released a study measuring the extent… Full Article
ac Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day… Full Article
ac Regulatory Preamble Can Support Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran… Full Article
ac Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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. Full Article
ac Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal… Full Article
ac Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add… Full Article
ac Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially… Full Article
ac Travelers Publishes 2024 Injury Impact Report By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,… Full Article
ac 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
ac Court Upholds Denial of Miner's Third Claim for Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal… Full Article
ac Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 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… Full Article
ac 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
ac 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
ac Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
ac Worker Can't Sue Over Accident Caused by Colleague in Parking Lot By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was… Full Article
ac 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
ac Independent Contractor Can't Get Benefits for Injuries By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante… Full Article
ac No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:… Full Article
ac Employer Loses Challenge to Deadlines for Contesting Black Lung Claims By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,… Full Article
ac Split Supreme Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered… Full Article
ac Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
ac Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an… Full Article
ac Supreme Court Upholds Denial of PPD for Worker's Back Injury By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar… Full Article
ac Worker Fails to Link Concussion Claim to Actions of Child Tapping Head By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a school worker’s claim of injury from a child tapping her on the head. Case: Hill v. Wyoming County Board of… Full Article
ac Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker… Full Article
ac Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
ac 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
ac Research Group Releases Report on Access to Care By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Texas Workers' Compensation Research and Evaluation Group released a new report on access to care in the Lone Star State's workers' compensation system between 2017 and 2022. This report measures the availability… Full Article
ac Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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… Full Article