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No Benefits for Widow of Man Who Had Occupational Pneumoconiosis

West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received…




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Court Reopens Worker's Claim, Orders Development of Additional Evidence

West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his…




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Court Upholds Denial of Worker's Request to Expand Claim

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No.




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Widow of Worker With Leukemia Gets Award of Death Benefits

West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc.




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Federal Appellate Court Upholds Award of Black Lung Benefits

A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an…




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Supreme Court Upholds Denial of Worker's Occupational Pneumoconiosis Claim

The West Virginia Supreme Court upheld the denial of a worker’s occupational pneumoconiosis claim. Case: Lewis v. Columbia West Virginia Corp., No. 23-616, 09/23/2024, published. Facts: Jackie W. Lewis Sr. worked for…




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Supreme Court Upholds Denial of PPD for Worker's Back Injury

The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar…




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Supreme Court Upholds Award of Occupational Disease Death Benefits

The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A.




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Supreme Court Upholds Denial of Worker's Request to Expand Claim, Undergo Additional Imaging

The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,…




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Supreme Court Upholds Denial of Worker's Request to Reopen Claim

The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins…




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Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure

The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v.




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Worker Gets No Referral for Evaluation of Noncompensable Condition

West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:…




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Worker Fails to Link Concussion Claim to Actions of Child Tapping Head

West Virginia’s Intermediate Court of Appeals upheld the denial of a school worker’s claim of injury from a child tapping her on the head. Case: Hill v. Wyoming County Board of…




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Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…




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Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…




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DWC Webinar to Cover Presiding Officer Directives

The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer…




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Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident

A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure…




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Court Revives Worker's Challenge to Partial Denial of Claim

A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates…




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Nonsignatory Can't Compel Arbitration of Wrongful Death Claim

A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit…




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TDI Posts Updates on Office Closures Due to Storm

The Texas Department of Insurance said it closed seven Division of Workers’ Compensation field offices along the Gulf Coast in response to Hurricane Beryl. The department said it closed both field…




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Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…




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Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer

A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…




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Friendship-Based Employment Can Fall Within Scope of Comp System

The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all…




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Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim

A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to…




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Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim

The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of…




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L&I Fines Roofing Companies $1.27M for Fall Safety Violations

The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said…




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Adult Family Home Owner Accused of Double Dipping

The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony…




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Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online

The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free…




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Court Upholds Closure of Worker's Claim, Denial of Additional Treatment

The Washington Court of Appeals upheld a decision closing a worker’s claim and denying her further treatment. Case: Creighton v. United Airlines Inc., No. 58293-7-II, 08/27/2024, unpublished. Facts: Tamra Creighton worked for…




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L&I: Man Accused of Stealing $340,000 by Running Business While Collecting Benefits

A man who allegedly started a metal fabrication shop just weeks after suffering a workplace injury was charged with felony theft for allegedly stealing about $340,000 in indemnity benefits, the…




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Property Owner Not Entitled to Summary Dismissal of Suit

The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to…




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SB 863 and Its Impact on Permanent Disability (1 of 3)

This one-hour session will provide an in-depth look at how SB863 has impacted permanent disability outcomes and costs in the California Workers’ Compensation system.




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Almaraz/Guzman: Past, Present & Future (2 of 3)

This one-hour session will provide an overview and analysis of recent case law focused on Almaraz/Guzman ratings.




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Reviewing Medical Reports (3 of 3)

This one-hour session will focus on reviewing medical reports from a lay-person perspective.




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Comorbidities and the Cost of Chronic Disease

85% of Americans have one or more chronic diseases. These diseases delay recovery and healing of an injured worker. This webinar will teach you how to recognize comorbidities, manage them,…




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The Prosecution and Defense of Psychiatric Injuries

This training will provide attorneys and physicians with everything you need to know about the medical-legal issues involved in "psyche" cases - from the initial diagnosis through the discovery process to the separate…




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A Brief History and the State of Medical Treatment

Join us for "A Brief History and the State of Medical Treatment".




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Cross Examining Medical Professionals: Basic Strategy and Principles

Intimidated by doctor's depositions? Do you have office staff who are new to cross examination? Or, are you a seasoned practitioner but still would appreciate some useful pointers from someone…




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Cross Examining Medical Professionals

We have put together two masters in cross-examination and medicine for a half day seminar in which the attendees are sure to learn new and very practical information. This training…




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Cross Examining Medical Professionals & Cumulative Trauma Litigation

"Cross Examining Medical Professionals & Cumulative Trauma Litigation" is an all-day program devoted to legal and medical-legal issues that defense attorneys are confronted with in every day practice.




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The Real Do's and Dont's of Trial - from Discovery to Decision

Join us for this half-day event on trial techniques and skills, covering the entirety of a trial from discovery to decision. The expert panel of instructors will discuss the most…




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AMA Guides - Part 1 of 3: Basics

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the basic ratings under the AMA Guides. This is part one of three on a series…




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Work Comp Matters - Free Weekly Podcast - Episode 34: Chain of Command

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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AMA Guides - Part 2 of 3: Intermediate

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the intermediate ratings under the AMA Guides. This is part two of three on a series…




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Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial

Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial. Understand how to Litigate a Workers’ Comp Case, when the primary issue is Permanent Disability. This…




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AMA Guides - Part 3 of 3: Advanced

This program instructed by Phil Walker, J.D. and Christopher Brigham, M.D. will focus on the advanced ratings under the AMA Guides. This is part three of three on a series…




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Work Comp Matters - Free Weekly Podcast - Episode 38: Takin Care of Business

"Work Comp Matters" - the central location for all your workers' compensation, employment and labor law matters. Steve Appell hosts this weekly podcast from sunny southern California - presenting some…




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Assessing the Credibility of Psychiatric Claims

This program will educate attorneys and claims adjusters on the various methods for assessing the credibility of psychiatric injury claims. Attorneys will gain a better understanding of psychological testing and…




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Work Comp Matters - Episode 103: State of the Union

This week on Work Comp matters Steve Robert and Mike talk about President Trump's State of the Union address in addition to the top two stories on workcompcentral.com plus John…




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Work Comp Matters - Episode 104: State of the State

This week on Work Comp matter Steve Robert Mike Interp had a talk about the State of the State address by governor Gavin Newsom, President Trump, plus additional news talk…