io Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or… Full Article
io Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill… Full Article
io CWCI Posts Summary of 2024 Legislation By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue… Full Article
io Cal/OSHA Cites Farm Labor Contractor for Heat Violations By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in… Full Article
io DWC Opens Second 15-Day Comment Period for Pharmacy Rules By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the… Full Article
io CAAA Opens Registration for 2025 Winter Convention By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
io 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
io CWCI: Drop in Opioid Prescriptions More Pronounced in Comp By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Declines in opioid use among injured workers exceeded the decline among the overall population from 2017 to 2023, the California Workers' Compensation Institute reports. CWCI said data from the state's Controlled… Full Article
io 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
io 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
io Comp Commission Updates CEC Contact Information By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
io 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
io Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 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… Full Article
io ATF Medical Names Katherine Nelson VP of National Sales By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 ATF Medical appointed Katherine Nelson to serve as vice president of sales. Katherine Nelson Nelson will be based in Las Vegas and oversee the company’s efforts to market mobility and accessibility… Full Article
io DOL Updates Hazard Communication Standard By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The U.S. Department of Labor on Tuesday said it adopted a new rule updating its hazard communication standard that takes effect July 19. The revised rule requires labels on small packages… Full Article
io 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
io OccMD Names Cheryl Killion Director of Nurse Case Management By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case… Full Article
io 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
io AppliedVR Names Michael Marsau Executive Director, Workers' Compensation By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the… Full Article
io Court Upholds Worker's Convictions for Embezzlement, Workers' Compensation Fraud By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South… Full Article
io Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 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… Full Article
io 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
io 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
io Comp Agencies Report Disruptions From Tech Outage By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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,… Full Article
io DOL Says Injunction Protects Against Retaliation By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. Department of Labor said a federal court in Washington state issued an injunction preventing the U.S. Postal Service from retaliation against employees. The department said the injunction was part… Full Article
io Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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… Full Article
io Berkshire Names Marj Hutchings CIO By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Workers’ Compensation Division of Berkshire Hathaway Homestate Cos. appointed Marj Hutchings as its chief information officer. Marj Hutchings Hutchings brings 35 years of technology experience, 27 of which are in… Full Article
io 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
io OWCP Sets New Provider Orientation By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The federal Office of Workers’ Compensation Programs is holding a basic orientation course Aug. 21 for providers recently authorized to render medical treatment and evaluations for injured federal workers. The program will… Full Article
io Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained… Full Article
io 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
io 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
io IAIABC Opens Registration for Work Comp Judicial Program By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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’… Full Article
io DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 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… Full Article
io WCRI Opens Registration for 2025 Conference By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 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… Full Article
io 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
io 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
io 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
io NCCI: Medical Inflation Softens in 3rd Quarter By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening… Full Article
io Contractor Fined for Safety Violations That Caused Worker's Death By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 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… Full Article
io 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
io Senators Float Classifying Substance Abuse as Occupational Hazard By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if… Full Article
io WCC Commissioner Marshall Elected Chairman By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 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… Full Article
io WCC Opens Registration for 2024 Conference By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 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. Full Article
io 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
io Supreme Court Establishes Method for Apportioning Preexisting Impairment By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 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,… Full Article
io Supreme Court Upholds Award for Janitor Infected With Legionnaires' Disease By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 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… Full Article
io Coal Miner Gets Increased Award Despite Improved Condition After Lung Transplant By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 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… Full Article
io Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 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:… Full Article
io No Additional Treatment, Benefits for Injured Mine Worker By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 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. Full Article