me Worker, Defendant Get Summary Judgment on Claims By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
me DIR Proposes Rules to Implement SB 274 By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 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… Full Article
me Supreme Court Clarifies Carrier's Rights, Obligations to Collect on Subrogation Lien By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 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… Full Article
me Selection Committee Seeks Comments on IME Applicants By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 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… Full Article
me Fee Schedule Public Comment Period Opens By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
me WCA Announces Judicial Appointment of Doug Christopherson By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
me Court Upholds Denial of Caregiver's Request for Amended Complaint, Dismisses Claims By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 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:… Full Article
me DOL Announces $13,500 Settlement With Contractor for Preventable Death By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 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… Full Article
me Summary Judgment Not Warranted on Worker's Claim for Parking Garage Fall By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 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… Full Article
me Supreme Court Says Injured Police Officers Must Repay Sick Leave Benefits to City By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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… Full Article
me Employers Denied Reimbursement From Second Injury Fund Must Get Hearing By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
me Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 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:… Full Article
me Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 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,… Full Article
me Report: Former Postal Worker Sentenced to Probation for Fraud By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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,… Full Article
me Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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,… Full Article
me Labor Department Posts Practice Guidelines Online By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 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… Full Article
me Supreme Court Upholds Award for Housekeeper's Respiratory Injury By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 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. Full Article
me Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 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… Full Article
me Podcasts of the Year: Cleo, the Mysterious Math Menace By www.scientificamerican.com Published On :: Fri, 29 Dec 2023 20:55:00 GMT 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. Full Article Math Mathematics
me Casual Employment Threshold, TD Benefit and Attorney Fees to Increase By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 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… Full Article
me WCD Bulletin Explains Self-Insurer Premium Assessment By ww3.workcompcentral.com Published On :: Tue, 11 Jun 2024 00:00:00 -0700 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… Full Article
me Carrier Must Modify Notice of Acceptance Upon Receiving IME Report By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 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… Full Article
me Comp Division Pitches Changes to Assessment Rules By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 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,… Full Article
me Rulemaking Advisory Committee Reviewing Treatment Regs By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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… Full Article
me Most Lodging and Meal Reimbursement Rates Increase Oct. 1 By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 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… Full Article
me MLAC Meets Oct. 10 By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
me No Change in Premium Assessment Rate for 2025 By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 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… Full Article
me Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
me WCRI: Medical Payments Per Claim Higher Than Most States By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
me No Accidental Disability Retirement Benefits for Ex-DMV Employee By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 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. Full Article
me Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 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… Full Article
me High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
me Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 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… Full Article
me Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 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:… Full Article
me Audit Finds 'Major Improvement' in City's Comp Program Under TPA By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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… Full Article
me Governor Announces Arbitrator Reappointments By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 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… Full Article
me Comp Attorney James Keefe Sr. Dies at 68 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 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… Full Article
me Supreme Court to Weigh in on Statutory Employer Defense By ww3.workcompcentral.com Published On :: Mon, 20 May 2024 00:00:00 -0700 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… Full Article
me Worker Left Quadriplegic Fails to Timely Notify Carrier By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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… Full Article
me Court Upholds Dismissal of Worker's Untimely Appeal By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 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,… Full Article
me Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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. Full Article
me Injured Firefighter Not Entitled to Reinstatement of Benefits By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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),… Full Article
me Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
me Bill Would Limit Employment Protections for Medical Cannabis Users By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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… Full Article
me Injured Worker May Not Set Aside Settlement With Employer By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 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),… Full Article
me Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 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. Full Article
me Supreme Court to Address Exception to Going-and-Coming Rule By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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… Full Article
me Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 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… Full Article
me Supreme Court Grants Review of Drug Fee Schedule Dispute By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 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… Full Article
me Department Accepting Requests for Assessment Refund Through Feb. 24 By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 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… Full Article