3

Court Didn't Abuse Discretion in Denying Sanctions Without Hearing

A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic…




3

Business Owner Pleads Guilty to Workers' Comp Fraud

The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received…




3

Court Rejects Employer's Challenge to Loss-of-Use Award

An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America…




3

Worker's Fraud Results in Award Declared Overpayment

An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for…




3

Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim

An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its…




3

Public University Employee Can't Maintain Tort Suit for Campus Accident

An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of…




3

BWC Announces $30M in Safety Grants

The Ohio Bureau of Workers' Compensation announced it is offering up to $30 million in funding for safety grants to support research and development of equipment and technology to protect…




3

Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…




3

Worker's PTD Claim Sent Back to Judge for Further Findings

The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v.




3

Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




3

Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills

The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd…




3

Court Remands Worker's PTD Claim for Fourth Time

The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:…




3

Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




3

Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




3

Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment

The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy…




3

JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,…




3

Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




3

Judge Whiffs in Calculating Pro Baseball Player's Average Weekly Wage

A Florida appellate court ruled that a judge of compensation claims erroneously calculated a minor league baseball player’s average weekly wage. Austin Sodders entered into a seven-year minor league contract with…




3

Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement

A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered…




3

Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on…




3

Court Upholds Worker's Entitlement to Further Medical Care

An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial…




3

Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,…




3

Worker's Request for Hearing Dismissed as Untimely

The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier…




3

ALJ Abuses Discretion in Denying Worker's Request for Relief

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…




3

Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing

The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a…




3

Court Upholds Dismissal of Municipal Employee's Tort Suit Against Employer

A Louisiana appellate court upheld the summary dismissal of a municipal employee’s suit against her employer for her injuries from a fall allegedly caused by the city’s negligence in maintaining…




3

Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits

A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…




3

Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset

A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell…




3

Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…




3

Appeals Court Partially Reverses Employer's Win

A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment…




3

Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her…




3

Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio…




3

Court Upholds Denial of Worker's Claim for PTD

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…




3

Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…




3

Injured Deputy Doesn't Prove Entitlement to PTD Award

The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked…




3

High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing…




3

Court Revives Civil Suit Over Worker's Fatal Heart Attack

The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a…




3

Truck Driver's Prior Leg Injuries Don't Subject Award to Offset

The Kansas Court of Appeals ruled that an injured truck driver’s award for a knee injury was not subject to offset due to prior leg injuries. Case: Cregger v CLW Farms Inc.,…




3

Court Upholds Denial of Worker's Request to Modify Award

The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No.




3

Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…




3

Worker Fails to Prove Employer's Payroll Met Threshold for Coverage

The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v.




3

State Fund Must Pay for Continuing Treatment of Worker's Injury

The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out…




3

OSHA Fines Waste Management Company $367,410

The federal Occupational Safety and Health Administration fined a Wisconsin waste management company $367,410 for violations identified during the investigation of a workplace injury. OSHA said a worker at John’s Disposal Services,…




3

El diagnóstico y tratamiento tempranos de la enfermedad arterial periférica son esenciales para mejorar los resultados y reducir el riesgo de amputación

Aspectos destacados de la guía: La nueva guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology ofrece recomendaciones para guiar a los médicos en el tratamiento de pacientes con...




3

Los cuidados paliativos son beneficiosos para tratar los síntomas y mejorar la calidad de vida de las personas con ECV

Aspectos destacados de la declaración: El manejo de los medicamentos paliativos se enfoca en el alivio de los síntomas y en la mejora de la calidad de vida de las personas con enfermedades cardiovasculares en las distintas etapas de la enfermedad. La...




3

30-year risk of cardiovascular disease may help inform blood pressure treatment decisions

Research Highlights: A comparison of two tools for calculating cardiovascular disease risk found that if only the current 10-year risk thresholds are applied, fewer adults may be recommended for blood pressure-lowering medication. The tools, The...




3

La atención coordinada en niños con síndrome de Down y cardiopatías congénitas reviste gran importancia

Prohibida su divulgación hasta las4:00 a. m., hora del centro / 5:00 a. m., hora del este, del jueves, 12 de septiembre de 2024   DALLAS, 12 de septiembre de 2024 - Según una nueva declaración científica de la American Heart Association (la Asociación...




3

La nueva guía explica en detalle cómo manejar el riesgo de enfermedades cardiovasculares (ECV) antes, durante y después de una cirugía no cardíaca

Aspectos destacados de la guía: La guía conjunta de la American Heart Association (la Asociación Americana del Corazón) y el American College of Cardiology, que aborda el tratamiento y la evaluación cardiovascular de los pacientes antes, durante y...




3

Nuevo sitio web en español para la prevención de ataques o derrames cerebrales busca eliminar barreras a la equidad en la salud

DALLAS, 9 de septiembre de 2024 — Si bien el derrame cerebral es la quinta causa principal de muerte en los Estados Unidos, afecta desproporcionadamente a los hispanos. Es la tercera principal causa de muerte entre las mujeres hispanas y la cuarta ...




3

COVID-19 infection appeared to increase risk of heart attack & stroke up to 3 years later

Research Highlights: An analysis of UK Biobank health data that included adults who had mild to severe COVID-19 before vaccines were available found an increased risk of heart attack, stroke and death among those adults during the nearly three-year...