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Worker, Defendant Get Summary Judgment on Claims

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim and that the defendant was entitled to summary judgment on its…




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DIR Proposes Rules to Implement SB 274

The Nevada Division of Industrial Relations proposed rules to implement the various provisions of a multifaceted 2023 bill that made a host of changes to the state’s workers’ compensation law. The…




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Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien

The Nevada Supreme Court overturned its own precedent and ruled that an insurance carrier does not need to intervene or otherwise participate in a worker’s third-party claim to recover on…




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Selection Committee Seeks Comments on IME Applicants

The New Mexico Workers’ Compensation Administration announced that an advisory committee seeks comments on two independent medical examiner applicants. The IME Provider Selection Committee is considering authorizing Drs. Alan Altman and…




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Fee Schedule Public Comment Period Opens

The New Mexico Workers' Compensation Administration is accepting public comments on the 2025 fee schedule and billing instructions. Written public comments will be accepted until the close of business on Nov. 1 and should be…




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WCA Announces Judicial Appointment of Doug Christopherson

The New Mexico Workers' Compensation Administration announced that Doug Christopherson was appointed as the agency's newest judge. Doug Christopherson Christopherson will fill the vacancy created by the retirement of Leonard Padilla in…




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Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims

The New Jersey Superior Court’s Appellate Division upheld the denial of a caregiver’s request to amend her complaint as well as the dismissal of her claims against her alleged employers. Case:…




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DOL Announces $13,500 Settlement With Contractor for Preventable Death

The U.S. Department of Labor announced a $13,500 settlement with a New Jersey contractor it says could have prevented a fatal fall. The department said a 39-year-old worker fell five stories…




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Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall

The New Jersey Superior Court’s Appellate Division overturned a grant of summary judgment dismissing a hospital worker’s suit for damages from a fall in a parking garage. Case: Barrett v. Hackensack…




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Supreme Court Says Injured Police Officers Must Repay Sick Leave Benefits to City

The New Hampshire Supreme Court ruled that a group of injured police officers were obligated to repay the sick leave benefits they received while awaiting a determination of their eligibility…




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Employers Denied Reimbursement From Second Injury Fund Must Get Hearing

The Supreme Court of New Hampshire ruled that an employer or insurance carrier that has been denied reimbursement from the Special Fund for Second Injuries is entitled to a hearing before…




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Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement

The Delaware Superior Court ruled that the attorney for an injured worker was not entitled to demand a fee from a settlement that did not provide a payment to him. Case:…




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Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection

The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,…




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Report: Former Postal Worker Sentenced to Probation for Fraud

A former U.S. Postal Service worker in Delaware was sentenced to three years of probation and ordered to pay nearly $94,000 in restitution for defrauding the federal workers’ compensation program,…




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Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment

The Delaware Superior Court overturned a determination that an injured worker failed to exhaust reasonable conservative measures to treat his knee injury before opting for surgery. Case: Baxter v. Verizon Communications,…




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Labor Department Posts Practice Guidelines Online

The Delaware Department of Labor adopted rules allowing it to post the Workers’ Compensation Oversight Panel’s health care practice guidelines on its website. In May, the department proposed repealing regulations that…




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Supreme Court Upholds Award for Housekeeper's Respiratory Injury

The Nebraska Supreme Court upheld an award of benefits to a housekeeper for a respiratory injury brought on by wearing a used face mask during the COVID-19 pandemic. Case: Prinz v.




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Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed

The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that…




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Podcasts of the Year: Cleo, the Mysterious Math Menace

In 2013 a new user named Cleo took an online math forum by storm with unproved answers. Today she’s an urban legend. But who was she? A 2023 editor's pick. 




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Casual Employment Threshold, TD Benefit and Attorney Fees to Increase

The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is…




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WCD Bulletin Explains Self-Insurer Premium Assessment

The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the upcoming fiscal year. Self-insureds can choose premium assessments using either a…




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Carrier Must Modify Notice of Acceptance Upon Receiving IME Report

The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by…




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Comp Division Pitches Changes to Assessment Rules

Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,…




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Rulemaking Advisory Committee Reviewing Treatment Regs

The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss…




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Most Lodging and Meal Reimbursement Rates Increase Oct. 1

The Oregon Workers’ Compensation Division on Thursday announced that most lodging and meal reimbursement rates for injured workers who travel to medical appointments will increase Oct. 1. The standard lodging rate…




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MLAC Meets Oct. 10

Oregon's Management-Labor Advisory Committee meets at 10 a.m. Oct. 10 to cover a variety of topics. Among the agenda items are case law updates, a discussion of the state's Preferred Worker Program and a presentation from the…




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No Change in Premium Assessment Rate for 2025

The Oregon Workers' Compensation Division announced that premium assessment rates will remain unchanged in 2025. The division said the premium assessment rate for 2025 will be 9.8%, the same as it…




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Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement

The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of…




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WCRI: Medical Payments Per Claim Higher Than Most States

The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of…




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim

The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her…




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…




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Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…




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Audit Finds 'Major Improvement' in City's Comp Program Under TPA

Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the…




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Governor Announces Arbitrator Reappointments

Gov. J.B. Pritzker on Monday announced several arbitrator reappointments to the Illinois Workers' Compensation Commission. The reappointed arbitrators are: Joseph Amarilio. Crystal Caison. Paul Cellini. Ana Vazquez Diaz. Gerald Granada. Jessica Hegarty. Adam Hinrichs. Jeffrey Huebsch. Nina Mariano. Maureen Pulia. Pritzker has also appointed…




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Comp Attorney James Keefe Sr. Dies at 68

Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said…




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Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…




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Worker Left Quadriplegic Fails to Timely Notify Carrier

The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120…




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Court Upholds Dismissal of Worker's Untimely Appeal

The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,…




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Collateral Estoppel Precludes Worker From Challenging Validity of Settlement

The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No.




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Injured Firefighter Not Entitled to Reinstatement of Benefits

The Commonwealth Court of Pennsylvania ruled that an injured firefighter was not entitled to reinstatement of his benefits. Case: Marinack v. City of Pittsburgh (WCAB), City of Pittsburgh v. Marinack (WCAB),…




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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate…




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Bill Would Limit Employment Protections for Medical Cannabis Users

Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick…




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Injured Worker May Not Set Aside Settlement With Employer

The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),…




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Widow Gets Award for Paramedic's Fatal Heart Attack

The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No.




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Supreme Court to Address Exception to Going-and-Coming Rule

The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…




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Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel

The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid…




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Supreme Court Grants Review of Drug Fee Schedule Dispute

The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values…




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Department Accepting Requests for Assessment Refund Through Feb. 24

The Pennsylvania Insurance Department announced that it will accept requests for refunds of 2009 work comp security fund assessments through Feb. 24. A provision in the budget bill lawmakers passed this…