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Part 1 - PTSD Awareness for Work Comp Professionals

Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part…




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Summer 2024 Legislative Outlook in Workers Compensation

Join HIRMA/WorkCompCentral for a one-hour webinar as we explore the Summer 2024 Legislative Outlook in Workers Compensation. This webinar aims to provide participants with a understanding of the legislative changes…




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Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury'

The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an…




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Worker Injured in Explosion Loses Claim That Employer Tricked Him Into Comp Settlement

The Tennessee Court of Appeals upheld the summary dismissal of a worker’s claims asserting that he was the victim of a fraudulent scheme to designate him as an employee instead of…




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Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim

The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have…




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Supreme Court Overturns $3 Million Judgment for Worker's Death

The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was…




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Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction

The Utah Court of Appeals ruled that a worker’s claim for permanent total disability benefits could not be thrown out as untimely because he was actively litigating the matter, nor could…




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Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award

A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung…




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Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls

The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts…




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Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate…




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Senate Confirms Reappointment of Commissioner Gillen

The North Carolina Senate unanimously confirmed the reappointment of James C. Gillen to the state Industrial Commission. James C. Gillen The Carolina Journal reports that the Senate on Thursday voted 45-0…




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No Additional Benefits for Worker's Knee Issues, Psychological Conditions

The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v.




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Industrial Commission Opens Registration for Annual Conference

The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will…




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Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings

The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:…




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Court Upholds Calculation of Pipe Fitter's AWW

The North Carolina Court of Appeals upheld the calculation of a union pipe fitter’s average weekly wage from a project where he was injured. Merck Pharmaceutical contracted with Jacobs Project Management…




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Court Says Injured Worker Not Entitled to Participate in Vocational Rehab

An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No.  22AP-667, 06/11/2024, published. Facts and procedural…




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Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation

An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:…




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Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer

An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder…




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Worker Not Entitled to Relief From Decision She Allegedly Never Received

An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the…




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Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award

A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim…




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Court Clarifies Extent to Which Partial Amputation Results in Total Loss

An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of…




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BWC Opens Registration for Annual Medical and Health Symposium

The Ohio Bureau of Workers’ Compensation opened registration for its 2024 Medical & Health Symposium being held in November. The free virtual event will focus on how technology in medicine is…




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Widow Timely Files Asbestos-Related Occupational Disease Claim

The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure…




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Worker Gets Writ Directing Commission to Consider His Entitlement to TTD

An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State…




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Court Didn't Abuse Discretion in Denying Sanctions Without Hearing

A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic…




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Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim

An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its…




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High Court Remands AOE Determination for Unobserved Fall

The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The…




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Mediation Process for Comp Claims Not Mandatory

The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,…




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Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred

The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,…




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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




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KEMI Announces $19.1 Million Dividend

Kentucky Employers’ Mutual Insurance on Monday announced a $19.1 million dividend. The workers’ compensation carrier said more than 12,000 policyholders will receive a 20% dividend when checks are distributed in August. “Our…




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Worker Gets No TTD for Time After Termination Until Back Surgery

The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he…




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Crane Service Has Single Citation Reinstated, Another Dismissed

The Kentucky Court of Appeals upheld the dismissal of a citation against a crane service provider but reinstated another. Case: Secretary of the Education & Labor Cabinet v. Sterett Crane and…




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Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition

The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…




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Insurance Department Announces 8.4% Loss Cost Reduction

The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon…




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AWW Calculation Includes Lump-Sum Vacation Pay

The Kentucky Court of Appeals upheld the calculation of a worker’s average weekly wage that includes a lump sum of vacation pay with her wages, and it denied review of the…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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DLI Rules Would Authorize Max Penalty for Misclassification

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…




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JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




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Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud

A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability…




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Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order

A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and…




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Comp Judge Nominating Commission Meeting Aug. 19

Florida’s Statewide Nominating Commission for Judges of Compensation Claims will meet Aug. 19 in Orlando to interview judges for reappointment. The following judges are being considered for reappointment: William Anderson; Robert…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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Construction Labor Contractors Charged With Fraud

Federal prosecutors in Florida announced that five people were indicted on fraud charges for an alleged labor contracting scheme that was structured to avoid payroll taxes and comp coverage. The U.S.




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Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on…




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ALJ Abuses Discretion in Denying Worker's Request for Relief

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…




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Industrial Commission Announces New Training Opportunities

The Arizona Industrial Commission announced that it's Medical Resource Office has added training opportunities for providers, payers and third-party administrators. The training course for providers is comprised of four, 30-minute webinars…