3 Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to… Full Article
3 Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 The Missouri Court of Appeals ruled that two injured workers could not back out of a settlement agreement they entered with their employer’s insurance carrier to satisfy the carrier’s subrogation… Full Article
3 Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC, No. 22340/19,… Full Article
3 Court Overturns Summary Judgment on Defendant's Indemnification Claim By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18,… Full Article
3 Court Upholds Award for Worker's Elbow Injury from Fall By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:… Full Article
3 Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica… Full Article
3 Court Upholds Finding of Compensability for Worker's Back Injury By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked… Full Article
3 Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct. Case: Cuddigan-Placito v. SAIF, No. 760. Full Article
3 Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental… Full Article
3 Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the closure of a worker’s claim, the denial of his requests for additional treatment and the denial of his request to expand the… Full Article
3 Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her… Full Article
3 Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm… Full Article
3 Court Upholds Denial of Coal Miner's Claim for Injuries from Fall By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders… Full Article
3 High Court Asked to Order WCAB Decide 'Grant for Study' Cases By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A petition was filed with the California Supreme Court requesting a writ of mandate directing the Workers’ Compensation Appeals Board to render final decisions on cases in which it granted… Full Article
3 Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being… Full Article
3 Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi… Full Article
3 Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary… Full Article
3 Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the… Full Article
3 Court: Son of Sam Law Allows State to Take Murderer's Comp Settlement By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appeals court said a law created nearly 50 years ago to ensure serial killer David Berkowitz couldn't profit from his murder spree supersedes work comp law and… Full Article
3 Supreme Court Upholds Denial of Worker's Request for Additional PPD By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The West Virginia Supreme Court upheld the denial of a worker’s request for additional permanent partial disability benefits for her broken leg. Case: Gajdos v. Appalachian Electronic Instruments Inc., No. 23-720,… Full Article
3 Court Upholds Denial of School Employee's Wrist Injury Claim By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The Oregon Court of Appeals upheld the denial of a school district employee’s claim of injury to her wrist. Krista Wilson worked for the Saint Helens School District as a special… Full Article
3 The Nuts & Bolts of Workers' Compensation By ww3.workcompcentral.com Published On :: Tue, 26 May 2020 16:16:54 -0700 Join Michael Stack as he presents this interactive course on the Workers' Compensation system. Our program is intended to give 6 hours of foundational insight to those new to the… Full Article
3 Supreme Court Decides: How Will Medicaid Impact Your Client's Case? By ww3.workcompcentral.com Published On :: Tue, 04 Jan 2022 09:04:37 -0800 Find out how this Supreme Court Decision may impact your client's cases. Plaintiff attorneys need to know and understand how this decision could impact clients' settlement dollars. Defense attorneys need… Full Article
3 PEO's: Professional Employer Organizations = A Shell Game? and Prosecution & Defense of UE Cases By ww3.workcompcentral.com Published On :: Mon, 21 Mar 2022 08:23:06 -0700 This is a four-hour MCLE program that addresses the specific issues of the prosecution and defense of cases involving employee leasing companies, general-special employment law, and handling cases when the… Full Article
3 Considering Social Barriers to an Injured Workers' Recovery By ww3.workcompcentral.com Published On :: Thu, 18 Aug 2022 08:26:26 -0700 Join us to review these social barriers to recovery and how we can help injured workers overcome them. We will discuss how “whole person recovery” leads to shorter claim durations,… Full Article
3 Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety By ww3.workcompcentral.com Published On :: Thu, 13 Oct 2022 14:36:33 -0700 Join WCC + MTI America for an overview of the latest technologies in our space. Panelists will review new apps and technologies and how they are being used to impact… Full Article
3 2023 MCLE Super Saturday By ww3.workcompcentral.com Published On :: Wed, 23 Nov 2022 16:00:03 -0800 Designed for California workers compensation attorneys providing seven (7) hours of "Special Requirement" training towards the 25 hours of total MCLE credit required for the California State Bar education needed… Full Article
3 Social Responsibility & Workers' Compensation: Containing Costs while Making a Positive Community Impact By ww3.workcompcentral.com Published On :: Tue, 14 Feb 2023 08:44:47 -0800 This course will discuss implementation and utilization of an alternative return-to-work program that offers modified duty at non-profit organizations. Experienced instructors will illustrate the value of a specialized return-to-work program… Full Article
3 Foot Injuries, Diabetes and Workers' Compensation By ww3.workcompcentral.com Published On :: Fri, 19 May 2023 16:50:08 -0700 This course will explain the prevalence, pathophysiology, evaluation, and treatment recommendations of diabetic foot ulcers. Additionally, causation analysis will also be discussed. Full Article
3 2023 WorkCompCentral Annual Rating Workshop By ww3.workcompcentral.com Published On :: Thu, 01 Jun 2023 08:30:40 -0700 This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding… Full Article
3 Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 08:27:53 -0700 This webinar aims to provide workers’ compensation stakeholders with a comprehensive understanding of the impact of chronicity in chronic pain conditions, traumatic brain injuries (TBI) and Post Traumatic Stress (PTS)… Full Article
3 Widow Can't Seek Remedy From Husband's Co-Worker, Tavern Operator By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Supreme Judicial Court of Maine ruled that a widow could not pursue a civil suit against her late husband’s co-worker for throwing a punch that led to his death, nor… Full Article
3 Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury' By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an… Full Article
3 Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney… Full Article
3 Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have… Full Article
3 Employer Can't Escape Liability for Continuing Medical Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Alabama Court of Civil Appeals ruled that an employer could not be relieved of its obligation to provide continuing medical treatment to an injured worker after she aggravated her… Full Article
3 Supreme Court Overturns $3 Million Judgment for Worker's Death By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was… Full Article
3 Court Denies Widower Benefits for Nursing Home Worker's Death By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional… Full Article
3 OSHA Fines Company $29,035 After Worker Struck by Stone Slab By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 Federal workplace safety officials fined an Alabama countertop installation company $29,035, saying it could have prevented a worker's death by following federal safety standards. John Hopper, 33, died in March after… Full Article
3 Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could… Full Article
3 High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article
3 Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate… Full Article
3 Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals ruled that a worker could proceed with a civil suit against her employer stemming from an attack by a co-worker and multiple members of… Full Article
3 No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v. Full Article
3 Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
3 Court Upholds Calculation of Pipe Fitter's AWW By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld the calculation of a union pipe fitter’s average weekly wage from a project where he was injured. Merck Pharmaceutical contracted with Jacobs Project Management… Full Article
3 Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:… Full Article
3 Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder… Full Article
3 BWC Reopens Safety Grant Programs; $35M Available By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation on Monday said it reopened its safety grant program and that $35 million will be available to help employers purchase equipment to protect their… Full Article
3 Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim… Full Article