la Carrier Liable for Worker's Claim After Coverage Ended By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 A New York appellate court ruled that a carrier was liable for a worker’s claim even though her date of disablement fell after the coverage ended. Though Travelers Indemnity Co. of America's… Full Article
la Worker's Claim for Attorney Fees Moot By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an injured worker’s claim for fees for the work her attorney did in securing benefits she was owed under the Longshore and… Full Article
la 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
la Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on… Full Article
la WCS Posts Guidance on New Claims Administrator Law By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Nevada Workers' Compensation Section posted a sheet of answers to frequently asked questions about new requirements for claims administrators. Lawmakers last year passed Senate Bill 274, which enacted a host… Full Article
la Court Overturns Denial of Hotel Housekeeper's Claim for Knee Injury By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The New Mexico Court of Appeals overturned the denial of a hotel housekeeper’s claim for a knee injury. Case: Moorhead v. Hyatt Regency Tamaya, No. A-1-CA-40191, 05/07/2024, unpublished. Facts: Irene Moorhead worked… Full Article
la Worker's Choice of Pleading Removes Court's Jurisdiction Over Retaliation Claim By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 The New Mexico Court of Appeals ruled that an injured worker pleaded his retaliation claims in such a way as to remove his case from the jurisdiction of the state… Full Article
la Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case:… Full Article
la Worker Can't Maintain Tort Claim Over Attack by Colleague By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s tort claims arising from an attack by his colleague. Case: Scott v. City of Newark, No. Full Article
la 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
la Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division overturned a grant of summary judgment dismissing a hospital worker’s suit for damages from a fall in a parking garage. Case: Barrett v. Hackensack… Full Article
la Carrier Has No Duty to Defend Employer From Intentional Tort Claims By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The New Jersey Superior Court’s Appellate Division ruled that a carrier had no duty to defend an employer against an injured worker’s intentional tort claims. Case: De Tapia v. 74 Industries… Full Article
la 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
la 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
la 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
la Labor Department Posts Practice Guidelines Online By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Delaware Department of Labor adopted rules allowing it to post the Workers’ Compensation Oversight Panel’s health care practice guidelines on its website. In May, the department proposed repealing regulations that… Full Article
la New Law Expands Eligibility for Safety Program, Premium Discounts By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 More Delaware employers will be able to participate in the state’s Workplace Safety Program and earn premium discounts, under a new law. Senate Bill 306, enacted by Gov. John Carney in… Full Article
la Injury Claims Increase Slightly for Third Year By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The total number of reported injuries increased for a third consecutive year in 2023, according to the latest annual statistical report published by the Nebraska Workers’ Compensation Court. The WCC said… Full Article
la 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
la Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 Hawaii’s Intermediate Court of Appeals overturned the denial of a worker’s claim for permanent partial disability benefits, finding that the Labor and Industrial Relations Appeals Board imposed the wrong standard… Full Article
la 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
la 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
la Math Explains Why Your Friends Are More Popular Than You By www.scientificamerican.com Published On :: Thu, 18 Jan 2024 12:30:00 GMT The inspection paradox makes sense of social networks, long train wait times and why the call center is always busy Full Article Math Mathematics
la A Wild Claim about the Powers of Pi Creates a Transcendental Mystery By www.scientificamerican.com Published On :: Wed, 24 Jan 2024 15:00:00 GMT Mathematicians cannot determine whether multiplying pi by itself repeatedly might produce a whole number Full Article Math Mathematics
la WCD Reports No Change in Rate of Accepted Claims in 2022 By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division reported that covered employment and the number of accepted disabling claims increased in 2022, resulting in the claims rate per 100 workers remaining the same as… Full Article
la WCD Bulletin Explains Self-Insurer Premium Assessment By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the upcoming fiscal year. Self-insureds can choose premium assessments using either a… Full Article
la Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at… Full Article
la MLAC Meets Oct. 10 By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 Oregon's Management-Labor Advisory Committee meets at 10 a.m. Oct. 10 to cover a variety of topics. Among the agenda items are case law updates, a discussion of the state's Preferred Worker Program and a presentation from the… Full Article
la 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
la 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
la WCRI: Medical Payments Per Claim Higher Than Most States By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of… Full Article
la Court Overturns Denial of University Employee's Claims By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk… Full Article
la Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years… Full Article
la High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her… Full Article
la Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:… Full Article
la Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:… Full Article
la Court Upholds Summary Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008. Full Article
la Disability Law Allows Withholdings From Employees' Benefits By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Illinois Appellate Court ruled that the Public Employee Disability Act does not prohibit an employer from withholding taxes from a worker’s benefits. Case: Bitner v. City of Pekin, No. 4-23-0718,… Full Article
la 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
la Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,… Full Article
la Court Upholds Denial of Worker's Claim for Lead-Exposure Injury By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,… Full Article
la Labor Committee Hears Testimony on Misclassification By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of… Full Article
la Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:… Full Article
la Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to… Full Article
la Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
la Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate… Full Article
la 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
la Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of… Full Article
la Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid… Full Article
la Pension Offset Not Available When Retiree Gets Hurt After Returning to Work By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an… Full Article