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PTSD Part 2 - Advancing PTSD Support for First Responders

In this webinar, panelists delve into the unique challenges faced by first responders battling Post Traumatic Stress Disorder (PTSD) within the workers' compensation system. From understanding the nuances of PTSD…




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Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD

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)…




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MEMIC Announces $18.7M Dividend

The board of directors for Maine-based workers’ compensation carrier MEMIC Group approved an $18.7 million dividend. The dividend announced Wednesday represents about 11% of the premiums policyholders paid in 2021, the…




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Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury'

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…




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Supreme Court Overturns $3 Million Judgment for Worker's Death

The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was…




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Insurance Provider Timely Asserts Claim for Reimbursement

The Alabama Court of Civil Appeals revived an insurance provider's claim for reimbursement from a widow's wrongful death settlement. Timothy Tumlin worked for L&C General Contractors Inc. He died as a…




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Court Denies Widower Benefits for Nursing Home Worker's Death

The Alabama Court of Civil Appeals upheld the denial of a widower’s claim for benefits for a nursing home worker’s death after her COVID-19 infection. Rose Harrison worked for the Marion Regional…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts…




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Department Can Order Reimbursement of Witness Fees

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…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




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Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award

A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim…




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Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident

An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry…




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Worker Gets Writ Directing Commission to Consider His Entitlement to TTD

An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State…




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Court Didn't Abuse Discretion in Denying Sanctions Without Hearing

A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic…




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Worker Not Entitled to Mandamus Relief From Denial of Claim

The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay…




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Worker's Fraud Results in Award Declared Overpayment

An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for…




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High Court Remands AOE Determination for Unobserved Fall

The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The…




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Public University Employee Can't Maintain Tort Suit for Campus Accident

An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of…




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????Introducing ACF Extended Pro

What an adventure! ACF Extended is celebrating its 1.5 years of existence. Created in March 2019 to meet the needs of the most demanding ACF developers, the plugin has just passed the 20.000 active installations mark and is now approaching the stable version. Today, it’s time to talk about its future. ???? A Brief History […]




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Court Upholds Denial of Benefits for Cumulative Trauma Claim

The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,…




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KEMI Announces $19.1 Million Dividend

Kentucky Employers’ Mutual Insurance on Monday announced a $19.1 million dividend. The workers’ compensation carrier said more than 12,000 policyholders will receive a 20% dividend when checks are distributed in August. “Our…




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Attorney Suspended for Misconduct

The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




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Insurance Department Announces 8.4% Loss Cost Reduction

The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon…




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AWW Calculation Includes Lump-Sum Vacation Pay

The Kentucky Court of Appeals upheld the calculation of a worker’s average weekly wage that includes a lump sum of vacation pay with her wages, and it denied review of the…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment

The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy…




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Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




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Governor Approves Pay Raise for Doctors Treating First Responders

Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice…




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Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order

A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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House Passes Amended MDMA Therapy Bill for First Responders

Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House…




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Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,…




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ALJ Abuses Discretion in Denying Worker's Request for Relief

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…




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Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing

The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a…




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Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset

A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell…




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Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro…




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Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio…




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WCC: Amended Rules Allow Electronic Payment

The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments. The commission on Friday published a statement announcing that the new…




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Court Upholds Denial of Worker's Claim for PTD

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…




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Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…




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Injured Deputy Doesn't Prove Entitlement to PTD Award

The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked…




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High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing…




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No Benefits for Worker Injured in Fall From Ladder

The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v.




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Supreme Court Reissues Decision Questioning Its Own Precedent

The South Carolina Supreme Court reissued its decision upholding an injured worker’s award but questioned the continued viability of its case law allowing an employer to base its defense on a…




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Court Upholds Denial of Worker's Request to Modify Award

The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No.




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Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker

A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William…