la 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
la Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
la Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
la Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
la Goldberg Segalla Adds Attorney in Philadelphia By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and… Full Article
la Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
la Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
la Legislature Passes Bill to Give Park Rangers 4850 Time By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to… Full Article
la Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
la Kids' Chance Awards $225,115 in Scholarships By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Kids’ Chance of California awarded $225,115 in scholarships to 42 students for the upcoming academic year. The nonprofit organization that provides scholarships to children of those who were seriously injured or killed… Full Article
la Legislature Passes Farmworker Heat Injury Bill By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers… Full Article
la 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
la Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended… Full Article
la Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 California lawmakers closed out the 2024 legislative session by passing a bill that would allow electronic signatures on all work comp documents, and a bill requiring that doctors who do utilization review on claims… Full Article
la Safety Regulators Remind Employers to Protect Workers From Smoke By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill… Full Article
la 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
la 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
la 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
la 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
la 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
la WCIS Upgrade Slated for October By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation announced that its Workers’ Compensation Information System will undergo an upgrade in October. The division said WCIS will receive an internal system update and secure… Full Article
la 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
la 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
la CWCI Posts Summary of 2024 Legislation By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue… Full Article
la 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
la 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
la 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
la Widow Misses Deadline to Challenge Denial of Claim by 1 Day By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,… Full Article
la 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
la Employer Entitled to Dismissal of Worker's Retaliation Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,… Full Article
la Lawmakers Approve 2024 Fee Schedule By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Commission announced that state lawmakers have approved the updated 2024 Medical Fee Schedule. The state House of Representatives voted 94-1 to pass House Joint Resolution 1035 in… Full Article
la Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis… Full Article
la 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
la Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her… Full Article
la 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
la 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
la 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
la 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
la 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
la 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
la Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit… Full Article
la Attorney Can't Seek Fees After Client Settles LHWCA Claim By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 A federal appellate court ruled that the former attorney for a claimant seeking benefits under the Longshore and Harbor Workers’ Compensation Act could not seek an award of fees after… Full Article
la Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 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… Full Article
la 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
la 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
la 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
la 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
la Attune Launches EverPeak Insurance on Digital Platform By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina. Attune said the work comp product caters to small businesses… Full Article
la 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
la CompIQ, Bardavon Launch Automated Referral Process By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with… Full Article