for DOL Session to Discuss Benefits for Nuclear Weapons Workers By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and… Full Article
for 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
for Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according… Full Article
for DOL Seeks Nominations for Advisory Committee on Occupational Safety By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 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… Full Article
for 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
for Group Sets Date for Medical, Comp Fraud Conference By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The National Insurance Crime Bureau has set its Workers’ Compensation and Medical Investigations Conference for Oct. 1-4 in Chicago. The event's goal is to provide training and networking for insurance professionals, including… Full Article
for 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 Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished.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
for 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
for 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
for IAIABC Opens Registration for Work Comp Judicial Program By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The International Association of Industrial Accident Boards and Commissions opened registration for its 2024 Judicial Program being held Oct. 29-30. The program, presented by IAIABC with the National Association on Workers’… Full Article
for 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
for 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
for WCRI Opens Registration for 2025 Conference By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 The Workers Compensation Research Institute opened registration for its 2025 annual Issues and Research Conference being held March 6-7 in Phoenix. Ramona Tanabe WCRI said it will present findings from its… Full Article
for Senate Committee Passes Bill to Increase Provider Options for Federal Workers By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 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… Full Article
for 9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC… Full Article
for Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v. Full Article
for 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
for 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
for NCCI Proposes Rate Cuts for 2025 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance recommended an average 6.1% cut in voluntary loss costs for Connecticut in 2025. NCCI also proposed a 6.2% average reduction in the assigned risk market… Full Article
for 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
for No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:… Full Article
for Court Upholds Denial of Benefits for Worker Injured in Fall By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community… Full Article
for WCC Opens Registration for 2024 Conference By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The Virginia Workers’ Compensation Commission opened registration for its 2024 Education Conference and Exhibition in October. The conference provides instruction on rules, procedures, policies and forms used in the state’s comp system. Full Article
for 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
for Worker Gets Benefits for Shoulder Injury From Slip and Fall By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund… Full Article
for 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
for Court Upholds Award for Postinjury Mental Health Treatment By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina… Full Article
for 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
for 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
for No Death Benefits for Widow in Asbestos Exposure Claim By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure… Full Article
for Supreme Court Establishes Method for Apportioning Preexisting Impairment By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,… Full Article
for Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked… Full Article
for Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
for 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
for No Additional Treatment, Benefits for Injured Mine Worker By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No. Full Article
for 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
for Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled… Full Article
for No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West… Full Article
for 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
for 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
for 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
for Supreme Court Upholds Award to Worker for Electric Shock Injury By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for… Full Article
for Supreme Court Upholds Authorization of Pain Management Consultation for Worker By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked… Full Article
for 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
for Supreme Court Upholds Denial of Worker's Request for Additional Benefits, Expansion of Claim By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin… Full Article
for Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,… Full Article
for Supreme Court Upholds PPD Award for Worker With Ankle Injury By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,… Full Article
for Split Supreme Court Upholds Finding of Worsened Condition for Worker By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,… Full Article
for Worker Struck by Forklift Gets Additional PPD Award By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. Full Article
for Worker Fails in Bid for PPD Increase By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his award for occupational pneumoconiosis. Case: Puleo v. Coronado Group LLC, No. Full Article