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DWC Adopts Updates to MTUS Drug List

The California Division of Workers’ Compensation announced updates to the drug list in the Medical Treatment Utilization Schedule to align with national treatment guidelines. The division said the order updates the…




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CAAA Opens Registration for 2025 Winter Convention

The California Applicants’ Attorneys Association opened registration for its annual winter convention, which will be held in Las Vegas Jan. 23-26. Panelists speaking during the conference will cover a variety of…




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2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

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…




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Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

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…




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Widow Misses Deadline to Challenge Denial of Claim by 1 Day

The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

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,…




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Court of Existing Claims Announces Preliminary Review Docket

The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at…




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Comp Commission Updates CEC Contact Information

The Oklahoma Workers’ Compensation Commission announced personnel updates and changes in contact information within the Court of Existing Claims. The commission said Katrina Stephenson, who will become judicial liaison and order…




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No Permanent Total Disability Benefits for Worker Who Lost Eye

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,…




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DOL Sets Benefit-Assistance Events for Black Lung Disease Cases

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…




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Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…




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Rating Bureau, Comp Commission Ready New Websites

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…




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Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late

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…




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Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

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.




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Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims

A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…




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DOL Session to Discuss Benefits for Nuclear Weapons Workers

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…




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Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners

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…




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Court Dismisses Employer's Challenge to Review Board Order

The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under…




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Comp Agencies Report Disruptions From Tech Outage

The software update that grounded airplanes and disrupted hospitals worldwide Friday also wreaked havoc on workers’ compensation regulators in some states. Officials from Colorado, Connecticut, Illinois, Kansas, Massachusetts, Minnesota, New York,…




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Railway Worker Loses Challenge to Dismissal of Retaliation Claim

The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit…




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DOL Seeks Nominations for Advisory Committee on Occupational Safety

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…




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Travelers Publishes 2024 Injury Impact Report

The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,…




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IAIABC Opens Registration for Work Comp Judicial Program

The International Association of Industrial Accident Boards and Commissions opened registration for its 2024 Judicial Program being held Oct. 29-30. The program, presented by IAIABC with the National Association on Workers’…




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DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver…




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WCRI Opens Registration for 2025 Conference

The Workers Compensation Research Institute opened registration for its 2025 annual Issues and Research Conference being held March 6-7 in Phoenix. Ramona Tanabe WCRI said it will present findings from its…




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9th Circuit Establishes LHWCA Compensation for Hearing Loss, Tinnitus

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…




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Supreme Court Suspends Attorney Who Mishandled Comp Cases

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…




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Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




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Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability

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…




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WCC Commissioner Marshall Elected Chairman

The Virginia Workers’ Compensation Commission announced that Wesley G. Marshall was elected to a three-year term as chairman, effective Monday. Wesley G. Marshall Marshall succeeds Commissioner Robert A. Rapaport, whose term…




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WCC Opens Registration for 2024 Conference

The Virginia Workers’ Compensation Commission opened registration for its 2024 Education Conference and Exhibition in October. The conference provides instruction on rules, procedures, policies and forms used in the state’s comp system.




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Firefighter's Aortic Aneurysm Constitutes Presumptively Compensable Heart Disease

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…




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Supreme Court Establishes Method for Apportioning Preexisting Impairment

The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…




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Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease

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…




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Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments

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:…




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No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency

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…




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No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury

The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:…




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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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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 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 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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No Increase in Worker's PPD Award for Occupational Pneumoconiosis

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…




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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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DLI Opens Registration for Mandatory QRC, Vendor Update

The Minnesota Department of Labor and Industry opened registration for a mandatory rehabilitation provider update webinar being held Sept. 13. The webinar will cover topics including a department update, legislative and rule…




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Registration for Work Comp Summit Opens Monday

The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update…




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Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…




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Comp Division Seeks Comments on Independent Medical Exam Rules

The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering…




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ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits

The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific…




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Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim

A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…




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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…