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Court Upholds Employer's Entitlement to Terminate Worker's Benefits

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…




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Court: WCJ Needs to Revisit Contingency Fee Agreement

The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane…




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Court Upholds UR Determination That Worker's Treatments Weren't Necessary

The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He…




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Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties

The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),…




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Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc.




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Direct Deposit, PTSD Measures Head to Governor

Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits…




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a…




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Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…




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Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…




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Insurance Department Adopts 6.7% Rate Cut

The Idaho Department of Insurance on Wednesday announced that it accepted the National Council on Compensation Insurance's rate filing for an average 6.7% reduction in workers’ compensation rates. Dean L. Cameron The…




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Assembly Passes Measure Extending 4850 Time to Park Rangers

The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted…




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Senate Passes Bill to Prolong Electronic Payment Authorization

The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass…




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Commissioner Announces CIGA, WCIRB Appointments

California Insurance Commissioner Ricardo Lara on Tuesday announced two appointments to the Workers’ Compensation Insurance Rating Bureau Governing Committee and the California Insurance Guarantee Association board of governors. C. Bryan Little (www.fels.net) …




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Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it…




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Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption

The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’…




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Legislature Passes Bill to Give Park Rangers 4850 Time

California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to…




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CHP Arrests Former Officer for Suspected Fraud

The California Highway Patrol announced that a former officer was arrested Tuesday on suspicion of workers’ compensation fraud. Jordan Lester, 44, filed a work comp claim in July 2021 and was…




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Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity'

California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended…




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Some Claims Stricken in Dispute Between Company's Founding Partners

A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr.




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Amendment Expands E-Signature Bill

Electronic signatures would be allowed for all California workers’ compensation documents, under a recently amended bill. Assemblymember Diane Dixon, R-Newport Beach, last week amended AB 2337 to strike a provision that…




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CWCI Publishes Report on Average Benefit Payments

The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years…




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Assembly Passes State Licensing Requirement for UR Docs

The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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Statute of Limitations Bars Worker's Medical Malpractice Claim

An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California…




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WCIRB Actuarial Committee Meets Tuesday

The Workers’ Compensation Insurance Rating Bureau of California’s Actuarial Committee will review insurer experience reports during a meeting Tuesday. Committee members will discuss the report evaluating insurer experience as of June 30,…




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CHSWC Meets Sept. 27

California’s labor-management advisory panel is scheduled to meet Sept. 27 in Oakland. Members of the Commission on Health and Safety and Workers' Compensation are slated to hear a presentation from representatives…




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WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting

The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual…




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DWC Updates DMEPOS Fee Schedule

The California Division of Workers’ Compensation posted an order updating the fee schedule for durable medical equipment, prosthetics, orthotics and supplies for the fourth quarter. The division said it adopted Medicare’s…




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Governor Vetoes 4850 Time for Rangers

California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of…




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DWC Posts Quarterly Adjustment to Hospital, ASC Fees

The California Division of Workers’ Compensation posted an order adopting the latest quarterly update to the outpatient hospital and ambulatory surgery center section of the Official Medical Fee Schedule. The division…




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Pharmacy and Therapeutics Committee Meets Oct. 16

The California Division of Workers’ Compensation Pharmacy and Therapeutics Committee is meeting virtually on Oct. 16. The 2015 bill that directed the DWC to create a prescription drug formulary also created…




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CWCI Reports on Emerging Costs of Migraine Drugs

The California Workers’ Compensation Institute reported that a nearly eightfold increase in migraine drug prescriptions coincided with the emergence of several high-cost drugs that are not included in the formulary. “Although…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…




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DWC Adopts Medicare Changes to Hospital, ASC Fee Schedule

The California Division of Workers' Compensation posted an order updating the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule. The division in October posted an…




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Twice-Convicted Fraudster Charged in Alleged $100M Scheme

A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges…




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WCRI Finds Medical Payments 10% Below Median in Golden State

The Workers Compensation Research Institute reports that average medical payments per claim in California were 10% below the median of a 17-state study. California saw little change in payments per claim…




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Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…




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Comp Settlement Doesn't Preclude Civil Suit Against Third Parties

The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors…




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Governor Approves Legacy Court, Mental Health Bills

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…




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Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation

The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her…




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Court Says Worker's Lies Don't Forfeit Entitlement to Benefits

The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical…




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Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…




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ATF Medical Names Katherine Nelson VP of National Sales

ATF Medical appointed Katherine Nelson to serve as vice president of sales. Katherine Nelson Nelson will be based in Las Vegas and oversee the company’s efforts to market mobility and accessibility…




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OccMD Names Cheryl Killion Director of Nurse Case Management

Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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Court Upholds Worker's Convictions for Embezzlement, Workers' Compensation Fraud

A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South…




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Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners

Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add…




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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially…