of Handling Cases of Serious & Willful Misconduct of the Employer-Review and Practice Hints By ww3.workcompcentral.com Published On :: Wed, 30 Jan 2019 08:50:46 -0800 This program provides a guide to handling cases of serious and willful misconduct of employers. Examining various reviews and practice hints, Frank Christine III, Esq. will offer a review of… Full Article
of State Didn't Have Jurisdiction Over Truck Driver's Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 A New York appellate court ruled that the state workers’ compensation system did not have jurisdiction over a truck driver’s claim based on injuries he sustained in an out-of-state accident… Full Article
of Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had… Full Article
of Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to… Full Article
of Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien By ww3.workcompcentral.com Published On :: Thu, 31 Oct 2024 00:00:00 -0700 The Missouri Court of Appeals ruled that two injured workers could not back out of a settlement agreement they entered with their employer’s insurance carrier to satisfy the carrier’s subrogation… Full Article
of Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC, No. 22340/19,… Full Article
of Court Upholds Finding of Compensability for Worker's Back Injury By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked… Full Article
of Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct. Case: Cuddigan-Placito v. SAIF, No. 760. Full Article
of Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the closure of a worker’s claim, the denial of his requests for additional treatment and the denial of his request to expand the… Full Article
of Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her… Full Article
of Sedgwick Names Andrea Buhl President of Casualty By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 Sedgwick on Monday announced that it named Andrea Buhl president of its casualty group. Andrea Buhl Buhl has held numerous leadership roles at Sedgwick over the last 15 years, most recently… Full Article
of Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm… Full Article
of Court Upholds Denial of Coal Miner's Claim for Injuries from Fall By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders… Full Article
of WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a… Full Article
of Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being… Full Article
of Supreme Court to Review Burden of Proof on Modification Petitions By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 Pennsylvania’s Supreme Court will be weighing in on the proper allocation of the burden of proving the existence of available positions for an injured worker, and the suitability of those… Full Article
of PCRB Posts Reminder of Deadline to Request 2009 Assessment Refund By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 The Pennsylvania Compensation Rating Bureau announced that eligible carriers can request refunds of 2009 work comp security fund assessments through Feb. 24. Gov. Josh Shapiro in July signed HB 2310, a… Full Article
of Court Overturns Grant of Summary Judgment for Labor Law Defendant By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,… Full Article
of Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the… Full Article
of Worker Loses Appeal Due to His Failure to Provide Record of Prior Proceedings By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A Texas appellate court upheld the denial of a self-represented worker’s claim due to his failure to ensure there was a record of the administrative proceedings that resulted in the… Full Article
of Court: Son of Sam Law Allows State to Take Murderer's Comp Settlement By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 A New York appeals court said a law created nearly 50 years ago to ensure serial killer David Berkowitz couldn't profit from his murder spree supersedes work comp law and… Full Article
of Law Enforcement Officer Not Entitled to Additional TTD or Treatment By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 West Virginia’s Intermediate Court of Appeals upheld the closure of an injured law enforcement officer’s claim and the denial of authorization for further treatment. Case: Robertson v. Brooks County Commission, No. 24-ICA-185,… Full Article
of Supreme Court Upholds Denial of Worker's Request for Additional PPD By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The West Virginia Supreme Court upheld the denial of a worker’s request for additional permanent partial disability benefits for her broken leg. Case: Gajdos v. Appalachian Electronic Instruments Inc., No. 23-720,… Full Article
of No Disability Pension for Police Officer Who Refused Surgery By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury. Case: Shirley v. Village of Clarendon Hills Police Pension… Full Article
of Court Upholds Denial of School Employee's Wrist Injury Claim By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 The Oregon Court of Appeals upheld the denial of a school district employee’s claim of injury to her wrist. Krista Wilson worked for the Saint Helens School District as a special… Full Article
of Legal Specialization Test Prep - Ethics and Professional Responsibility By ww3.workcompcentral.com Published On :: Thu, 30 May 2019 10:58:07 -0700 Hon. Clint Feddersen designed this course to prepare experienced workers' compensation attorneys to become California Certified Legal Specialists in Workers' Compensation Law. Full Article
of The Nuts & Bolts of Workers' Compensation By ww3.workcompcentral.com Published On :: Tue, 26 May 2020 16:16:54 -0700 Join Michael Stack as he presents this interactive course on the Workers' Compensation system. Our program is intended to give 6 hours of foundational insight to those new to the… Full Article
of An Insider’s Analysis of the AMA Guides and Case Law Update By ww3.workcompcentral.com Published On :: Tue, 08 Jun 2021 12:15:27 -0700 In this webinar, you will get an insider’s look at the AMA Guides by noted AMA author Kenneth Kingdon, which will provide perspective and understanding of ambiguous and controversial Guides… Full Article
of CMS Clarifies Use of Non-Submit WCMSAs To Address Future Medical By ww3.workcompcentral.com Published On :: Tue, 29 Mar 2022 08:33:30 -0700 As a national leader on all components of workers compensation education, WorkCompCentral continues to provide exceptional opportunities to learn about all aspects of work comp law, policy, procedures, and practice. Full Article
of PEO's: Professional Employer Organizations = A Shell Game? and Prosecution & Defense of UE Cases By ww3.workcompcentral.com Published On :: Mon, 21 Mar 2022 08:23:06 -0700 This is a four-hour MCLE program that addresses the specific issues of the prosecution and defense of cases involving employee leasing companies, general-special employment law, and handling cases when the… Full Article
of Intro To Motivational Interviewing for Claims Professionals By ww3.workcompcentral.com Published On :: Mon, 17 Oct 2022 11:54:05 -0700 In this webinar, attendees will learn how Motivational Interviewing can be used to improve communication with injured worker patients. MI involves practical, empathetic, and short-term processes that take into consideration… Full Article
of The Impact of Remote Work and Home Offices on Workers Compensation By ww3.workcompcentral.com Published On :: Tue, 14 Feb 2023 08:32:18 -0800 In this webinar, ODG by MCG’s VP of Government Affairs, Patrick F. Robinson, JD, MBA, will discuss the origin and recent trends concerning telework/home offices, how different jurisdictions have analyzed… Full Article
of City of San Diego - A Biopsychosocial Success Story By ww3.workcompcentral.com Published On :: Fri, 26 Jan 2024 10:21:43 -0800 This session highlights the successes of a unique partnership between City of San Diego and Institutes of Health, a company specializing in the delivery of biopsychosocial care. Panelists will underscore… Full Article
of The Impact of Catastrophic Injuries on WC Claims By ww3.workcompcentral.com Published On :: Wed, 20 Mar 2024 12:48:28 -0700 A catastrophic claim does not happen often, thank goodness; it accounts for less than 1% of all the WC claims. But when it happens, it takes only one case to… Full Article
of Part 1 - PTSD Awareness for Work Comp Professionals By ww3.workcompcentral.com Published On :: Mon, 06 May 2024 08:09:12 -0700 Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part… Full Article
of Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 08:27:53 -0700 This webinar aims to provide workers’ compensation stakeholders with a comprehensive understanding of the impact of chronicity in chronic pain conditions, traumatic brain injuries (TBI) and Post Traumatic Stress (PTS)… Full Article
of The Power of Virtual Reality: Immersive Therapeutics for Chronic Back Pain Management By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 08:07:51 -0700 CBP is a prevalent, complex, and expensive condition that carries a significant health economic burden in the US. For Injured Workers who experience persistent pain, the ability to participate in… Full Article
of Employer Partially Liable for Disability Can Claim Full Social Security Offset By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was… Full Article
of Carrier Not Entitled to Summary Judgment on Claim for Offset By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts… Full Article
of Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury' By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an… Full Article
of Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing… Full Article
of Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s… Full Article
of Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have… Full Article
of Court Upholds Award of PTD Benefits for Former Walmart Worker By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a… Full Article
of Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could… Full Article
of Worker With Long History of Ailments Entitled to Temporary Disability Benefits By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an… Full Article
of Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung… Full Article
of Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more… Full Article
of Department Can Order Reimbursement of Witness Fees By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that the state's Workers’ Compensation Division has the authority to order reimbursement of an employee’s reasonably incurred medical expert witness fees. Case: Leal v. State ex… Full Article
of High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article