3

Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity

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…




3

Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien

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…




3

Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

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,…




3

Court Overturns Summary Judgment on Defendant's Indemnification Claim

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,…




3

Court Upholds Award for Worker's Elbow Injury from Fall

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:…




3

Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

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…




3

Court Upholds Finding of Compensability for Worker's Back Injury

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 Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished.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…




3

Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

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.




3

Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

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…




3

Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment

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…




3

Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

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…




3

Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

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…




3

Court Upholds Denial of Coal Miner's Claim for Injuries from Fall

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…




3

High Court Asked to Order WCAB Decide 'Grant for Study' Cases

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…




3

Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

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…




3

Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

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…




3

Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

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…




3

Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment

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…




3

Court: Son of Sam Law Allows State to Take Murderer's Comp Settlement

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…




3

Supreme Court Upholds Denial of Worker's Request for Additional PPD

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,…




3

Court Upholds Denial of School Employee's Wrist Injury Claim

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…




3

The Nuts & Bolts of Workers' Compensation

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…




3

Supreme Court Decides: How Will Medicaid Impact Your Client's Case?

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…




3

PEO's: Professional Employer Organizations = A Shell Game? and Prosecution & Defense of UE Cases

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…




3

Considering Social Barriers to an Injured Workers' Recovery

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,…




3

Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety

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…




3

2023 MCLE Super Saturday

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…




3

Social Responsibility & Workers' Compensation: Containing Costs while Making a Positive Community Impact

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…




3

Foot Injuries, Diabetes and Workers' Compensation

This course will explain the prevalence, pathophysiology, evaluation, and treatment recommendations of diabetic foot ulcers. Additionally, causation analysis will also be discussed.




3

2023 WorkCompCentral Annual Rating Workshop

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…




3

Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD

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)…




3

Widow Can't Seek Remedy From Husband's Co-Worker, Tavern Operator

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…




3

Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury'

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…




3

Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor

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…




3

Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim

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…




3

Employer Can't Escape Liability for Continuing Medical Benefits

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…




3

Supreme Court Overturns $3 Million Judgment for Worker's Death

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…




3

Court Denies Widower Benefits for Nursing Home Worker's Death

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…




3

OSHA Fines Company $29,035 After Worker Struck by Stone Slab

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…




3

Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction

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…




3

High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress

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…




3

Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

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…




3

Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating

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…




3

No Additional Benefits for Worker's Knee Issues, Psychological Conditions

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.




3

Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings

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:…




3

Court Upholds Calculation of Pipe Fitter's AWW

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…




3

Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation

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:…




3

Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer

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…




3

BWC Reopens Safety Grant Programs; $35M Available

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…




3

Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award

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…