it 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
it Vocational School Owner Charged With Fraud By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The California Department of Insurance announced that the owner of a private vocational school was charged with 11 felonies for allegedly submitting fraudulent bills to work comp carriers and failing… Full Article
it 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
it 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
it Comp Settlement Doesn't Preclude Civil Suit Against Third Parties By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors… Full Article
it Contractor Has Immunity From Civil Liability to Injured Worker By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v. Full Article
it Federal Court Again Rules Contractor Has Immunity From Worker's Claim By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC… Full Article
it 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
it 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
it Employer Faces Civil Liability for Fatal Shooting By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp. Full Article
it Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the… Full Article
it Supreme Court Says Employer Can't Contract to Create Liability for Negligence By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical… Full Article
it Co-Employee Immunity Requires Both Workers to Be in COE/SOE By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that an employee who injures a colleague must be acting within the course and scope of employment when the incident occurs to receive the… Full Article
it Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis… Full Article
it Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her… Full Article
it Court Says Worker's Lies Don't Forfeit Entitlement to Benefits By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical… Full Article
it No Permanent Total Disability Benefits for Worker Who Lost Eye By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,… Full Article
it DOL Sets Benefit-Assistance Events for Black Lung Disease Cases By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The U.S. Department of Labor's federal Black Lung Program has set outreach events for current and former coal miners with disabilities related to black lung disease in Indiana, Illinois and Kentucky. Miners' families and… Full Article
it Rating Bureau, Comp Commission Ready New Websites By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 California’s Workers’ Compensation Insurance Rating Bureau and the Oklahoma Workers’ Compensation Commission on Wednesday announced plans to launch new websites. The Oklahoma Workers’ Compensation Commission announced that it will unveil its… Full Article
it Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day… Full Article
it 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
it 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
it DOL Session to Discuss Benefits for Nuclear Weapons Workers By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and… Full Article
it Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add… Full Article
it Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially… Full Article
it Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according… Full Article
it Crowdstrike Outage Hits Comp Agencies By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 EDITOR’S NOTE: The New York State Workers Compensation Board said Friday afternoon that the majority of online services should now be restored. “Users may still experience lingering issues with some applications,”… Full Article
it DOL Seeks Nominations for Advisory Committee on Occupational Safety By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The U.S. Department of Labor is seeking nominations for four positions on the National Advisory Committee on Occupational Safety and Health. The department said it is seeking one public representative, one… Full Article
it Federal Court Creates Circuit Split on Liability for Black Lung Benefits By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed… Full Article
it 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
it 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
it Safety Inspectors Cite Employers for Silica Violations By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 Workplace safety regulators in California and Washington state proposed nearly $500,000 in penalties for 10 employers accused of exposing workers to crystalline silica dust. The California Division of Occupational Safety and… Full Article
it Attune Launches EverPeak Insurance on Digital Platform By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 Attune Insurance launched a new workers’ compensation solution, EverPeak Insurance, and started providing coverage to businesses in Arizona and South Carolina. Attune said the work comp product caters to small businesses… Full Article
it Senate Committee Passes Bill to Increase Provider Options for Federal Workers By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The U.S. Senate Homeland Security and Government Affairs Committee passed a bill that would authorize physician assistants and nurse practitioners to treat injured federal workers. The committee on Wednesday voted 12-3… Full Article
it 9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A federal appellate court ruled that an injured longshoreman who has hearing loss in one ear and bilateral tinnitus is properly compensated at the statutory rate. Case: Total Terminals International LLC… Full Article
it NCCI: Temperature, Precipitation Linked to Frequency By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 Frequency increases modestly but consistently as temperatures climb, according to a study by the National Council on Compensation Insurance. NCCI said that starting around 50 degrees, there is about a 1%… Full Article
it 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
it 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
it 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
it Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in… Full Article
it 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
it No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:… Full Article
it 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
it Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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… Full Article
it Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Virginia Court of Appeals upheld benefit awards of closed periods for an injured paramedic, finding that she failed to prove her entitlement to additional compensation. Case: Martinka v. PHI Group Inc.,… Full Article
it Independent Contractor Can't Get Benefits for Injuries By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante… Full Article
it Worker Gets Benefits for Shoulder Injury From Slip and Fall By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund… Full Article
it 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
it Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v. Full Article
it Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist… Full Article