ca Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Massachusetts Appeals Court ruled that an insurance company that was not contributing any assessments to the Workers’ Compensation Trust Fund was still eligible for reimbursement for benefits paid to… Full Article
ca 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
ca 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
ca Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still… Full Article
ca Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102 By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a… Full Article
ca Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and… Full Article
ca 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
ca Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute… Full Article
ca Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v. Full Article
ca Court Overturns Award for Second of Identical Injuries By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela… Full Article
ca Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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… Full Article
ca Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:… Full Article
ca Court Revives PTD Application for Mine Worker Struck by Ram Car By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 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… Full Article
ca Court Says Injured Worker Can Get Additional Physical Therapy By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No. Full Article
ca Supreme Court Upholds Award for Worker's Radiation Exposure, Cancer By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott… Full Article
ca Health Care Worker Gets 0% Award for Injuries By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,… Full Article
ca Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 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… Full Article
ca Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating… Full Article
ca Comp Division Seeks Comments on Independent Medical Exam Rules By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 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… Full Article
ca Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
ca 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
ca Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident… Full Article
ca Temp Worker Can't Maintain Tort Suit Against Employer's Client By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,… Full Article
ca Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
ca Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution… Full Article
ca Most Carriers Score Average or Better in 2024 PBO By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that… Full Article
ca Court Dismisses Carrier's Challenge to Compensability Finding By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual… Full Article
ca Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
ca DWC Seeks Input on 2025 Medical Audit Plan By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on the 2025 Medical Quality Review Annual Audit Plan through Nov. 22. The annual plan establishes priorities for the Medical Quality Review… Full Article
ca Friendship-Based Employment Can Fall Within Scope of Comp System By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all… Full Article
ca Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery. Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT,… Full Article
ca Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to… Full Article
ca Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
ca Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail… Full Article
ca Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper… Full Article
ca Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against… Full Article
ca Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I… Full Article
ca Claims School Seminar to Explore Return to Work, Case Law and IMEs By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical… Full Article
ca Reviewing Medical Reports (3 of 3) By ww3.workcompcentral.com Published On :: Tue, 19 Aug 2014 09:13:22 -0700 This one-hour session will focus on reviewing medical reports from a lay-person perspective. Full Article
ca Catastrophic Injury: How to Maximize or Minimize Exposure By ww3.workcompcentral.com Published On :: Tue, 11 Nov 2014 09:14:34 -0800 Learn the secrets, tips and tactics that demystify the handling of the catastrophic loss case. This seminar will equip attendees with a clear overview of the steps and stages each catastrophic… Full Article
ca Medical Billing Reimbursement, Documentation and Dispute Resolution By ww3.workcompcentral.com Published On :: Thu, 18 Dec 2014 10:29:38 -0800 Learn what constitutes proper billing, how to find and use fee schedules, documentation requirements and dispute resolution. Attendees will achieve a better understanding of the requirements for getting paid under… Full Article
ca Adjuster Certification Overview By ww3.workcompcentral.com Published On :: Thu, 21 May 2015 10:37:54 -0700 The Claims Specialist's QuickStart Guide: Adjuster Certification Process… Full Article
ca For What It's Worth: How to Rate and Value Your Case By ww3.workcompcentral.com Published On :: Wed, 15 Apr 2015 10:00:19 -0700 This half-day rating event promises comprehensive presentations by the experts. Tune your skills as the experts debate the most pertinent disability rating issues. Full Article
ca WCAB Procedures, Forms & Hearings By ww3.workcompcentral.com Published On :: Tue, 05 May 2015 10:37:00 -0700 Insider’s Guide to the WCAB: Procedures, Forms & Hearings… Full Article
ca A Brief History and the State of Medical Treatment By ww3.workcompcentral.com Published On :: Thu, 16 Jul 2015 16:41:39 -0700 Join us for "A Brief History and the State of Medical Treatment". Full Article
ca Medical Information Every Lawyer and Judge Should Know By ww3.workcompcentral.com Published On :: Mon, 01 Jun 2015 10:48:59 -0700 This four-hour seminar will present the terminology and application of the AMA Guides to common parts of body injured in work related injuries. Many WPI ratings are missed or… Full Article
ca Medical Treatment for Injured Workers By ww3.workcompcentral.com Published On :: Tue, 05 May 2015 10:42:54 -0700 The New Paradigm of Providing Medical Treatment for Injured Workers. Full Article
ca Cross Examining Medical Professionals: Basic Strategy and Principles By ww3.workcompcentral.com Published On :: Mon, 27 Jul 2015 13:46:33 -0700 Intimidated by doctor's depositions? Do you have office staff who are new to cross examination? Or, are you a seasoned practitioner but still would appreciate some useful pointers from someone… Full Article
ca Thriving as a Work Comp Medical Provider By ww3.workcompcentral.com Published On :: Fri, 05 Jun 2015 09:39:54 -0700 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… Full Article
ca California Legislative, Regulatory, and Angelotti Update By ww3.workcompcentral.com Published On :: Wed, 27 May 2015 14:40:49 -0700 Workers' compensation defense attorney John P. Kamin will recap the highlights from this year's legislative session during this one-hour webinar. Kamin will also bring you up to date on the… Full Article