The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was…

Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part…

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…

The National Council on Compensation Insurance submitted a rate filing recommending that the Virginia State Corporation Commission reduce loss costs by 12%, effective April 1. The filing also recommends a 15.8%…

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…

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…

The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure…

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…

The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone…

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…

The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No.

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…

A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,…

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…

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,…

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…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his award for occupational pneumoconiosis. Case: Puleo v. Coronado Group LLC, No.

West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight…

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.

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.

The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie…

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.

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…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award. Case: Alban v. West Virginia Division of…

West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Lucey v. Murray…

The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The…

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…

The Minnesota Department of Labor and Industry announced that maximum hourly fees for vocational rehabilitation services are increasing 2.62%, effective Oct. 1. The department said the maximum qualified rehabilitation consultant hourly…

Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on…

The Texas Workers' Compensation Research and Evaluation Group released a new report on access to care in the Lone Star State's workers' compensation system between 2017 and 2022. This report measures the availability…

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…

A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel…

A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,…

The Texas Division of Workers’ Compensation posted for public comment a copy of the proposed 2025 agenda for its Workers’ Compensation Research and Evaluation Group. The group is proposing three projects…

A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…

Benefits are increasing by about 3.8% for injuries sustained on or after Oct. 1, according to information that the Texas Division of Workers’ Compensation posted on its website. The maximum temporary…

The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a…

The Texas Division of Workers' Compensation on Wednesday announced that it adopted the 2025 agenda for its Workers' Compensation Research and Evaluation Group. The research group will study the feasibility and…

Alaska Gov. Mike Dunleavy signed a bill increasing the cap on payments for reemployment plans by 66.5%. Alaska law allows injured workers who are not able to return to employment after…

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…

A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker…

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail…

The Maryland Insurance Administration announced that penalties for certain statutory violations will increase on Oct. 1. The maximum penalty the administration can impose on an unauthorized insurer or person engaging in the…

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…

The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina…

The Washington State Department of Labor and Industries fined the state wildlife department $200,400 for two incidents that killed one worker and hospitalized another. Mary Valentine, a 48-year-old Department of Fish…

A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability…

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…

The Washington State Department of Labor and Industries is proposing a 3.8% increase in the average hourly rate employers and workers will pay for comp coverage next year. If the proposal…