The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…

The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled…

The National Council on Compensation Insurance filed with the West Virginia Office of the Insurance Commissioner a proposed workers’ compensation loss cost decrease of 9.1%, effective Jan. 1. If approved, the…

The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.

The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott…

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…

The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…

The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for…

A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,…

The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No.

West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim and for authorization for a magnetic resonance imaging scan. Case: Hill v. Lowe's Home…

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…

West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his…

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…

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 the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,…

The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a…

West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:…

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 for occupational pneumoconiosis. Case: Lucey v. Murray…

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…

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…

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…

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…

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…

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…

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…

The Texas Division of Workers’ Compensation announced the adoption of new and revised rules governing dispute resolutions, settlements and commutations. The DWC said it eliminated regulatory references to penalties for certain…

The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it…

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…

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 Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development…

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…

The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,…

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…

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…

The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics…

The Texas Division of Workers’ Compensation opened registration for its Workers’ Compensation Conference being held virtually in October. The conference will feature sessions covering topics that include artificial intelligence, average weekly…

The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The…

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…

A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked…

The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,…

Mississippi Attorney General Lynn Fitch filed a lawsuit accusing pharmacy benefit managers of contributing to the oversupply of opioids in the state and fueling an illegal secondary market. The complaint filed…

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 Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine…

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 Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper…