of Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
of Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 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… Full Article
of Vocational School Officials Charged in SJDB Fraud Case By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,… Full Article
of CHP Arrests Former Officer for Suspected Fraud By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
of Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity' By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
of DWC Reopens San Bernardino District Office By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The… Full Article
of Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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… Full Article
of CalChamber Urges Veto of Ag Worker Heat Injury Presumption By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered… Full Article
of DWC Closing Eureka Virtual Office Oct. 18 By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests… Full Article
of Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or… Full Article
of CWCI Posts Summary of 2024 Legislation By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue… Full Article
of CWCI Reports on Emerging Costs of Migraine Drugs By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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… Full Article
of DWC Posts 2025 Profile Audit Standards By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 The California Division of Workers' Compensation announced standards it will use for profile audit review of adjusting locations next year. The DWC said the PAR performance standard for 2025 audits is… Full Article
of 2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert… Full Article
of Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 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… Full Article
of Widow Misses Deadline to Challenge Denial of Claim by 1 Day By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,… Full Article
of Report: Man Accused of Selling Insurance Without License By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being… Full Article
of Employer Entitled to Dismissal of Worker's Retaliation Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,… Full Article
of Court of Existing Claims Announces Preliminary Review Docket By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at… Full Article
of ATF Medical Names Katherine Nelson VP of National Sales By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 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… Full Article
of WCRI Webinar to Cover Impact of Excessive Heat By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a 30-minute webinar on June 6 to discuss the impact of excessive heat on workplace injuries. WCRI recently released a study measuring the extent… Full Article
of OccMD Names Cheryl Killion Director of Nurse Case Management By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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… Full Article
of Regulatory Preamble Can Support Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran… Full Article
of Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No. Full Article
of Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal… Full Article
of Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit… Full Article
of Court Upholds Denial of Miner's Third Claim for Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal… Full Article
of Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
of NCCI Study Finds Average Impairment Rating of 6.5% By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance said its analysis of impairment ratings in 33 states plus the District of Columbia found that the average whole-body impairment rating for permanently disabled… Full Article
of NCCI: Medical Inflation Softens in 3rd Quarter By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening… Full Article
of Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v. Full Article
of Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to… Full Article
of Court Tosses Appeal of Stay Order as Moot By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v. Full Article
of Statute of Limitations Ends Inquiry Into Senator's Comp Claim By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying… Full Article
of Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and… Full Article
of Court Upholds Denial of Benefits for Worker Injured in Fall By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a worker’s claim for an injury from falling as she turned to speak to a colleague. Case: O’Brien v. Northern Virginia Community… Full Article
of Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute… Full Article
of Court Overturns Award for Second of Identical Injuries By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela… Full Article
of Split Supreme Court Upholds Closure of Worker's Claim By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 A divided West Virginia Supreme Court upheld the closure of a worker’s claim for temporary total disability benefits and the denial of his request to expand the scope of his… Full Article
of No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:… Full Article
of Supreme Court Upholds Authorization of Pain Management Consultation for Worker By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked… Full Article
of Supreme Court Upholds Denial of Worker's Request to Add Mental Injuries to Claim By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk… Full Article
of Supreme Court Upholds Expansion of Worker's Claim to Add Shoulder Injury By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for… Full Article
of Supreme Court Upholds Denial of Worker's Request for Additional Benefits, Expansion of Claim By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin… Full Article
of Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,… Full Article
of Injured Worker Not Entitled to Expand Scope of Claim By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s request to expand her claim to include additional conditions. Case: Amane v. Pas Parent Inc., No. 23-109, 08/01/2024,… Full Article
of Supreme Court Upholds Expansion of Worker's Claim to Add New Conditions By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for… Full Article
of Supreme Court Upholds Denial of PTD Benefits By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a denial of permanent partial disability benefits to an injured worker. Case: Underwood v. West Virginia Department of Health and Human Resources, No. 23-118, 08/01/2024,… Full Article
of Split Supreme Court Upholds Finding of Worsened Condition for Worker By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,… Full Article
of Court Finds Worker Has No Impairment Despite 43 Years of Coal Dust Exposure By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining… Full Article