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Missouri Employers Mutual Rebrands Ahead of Privatization

Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to…




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Senate Passes Bill to Prolong Electronic Payment Authorization

The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass…




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Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it…




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Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption

The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’…




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Some Claims Stricken in Dispute Between Company's Founding Partners

A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr.




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WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing

A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked…




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DWC Reopens San Bernardino District Office

The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The…




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Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case

A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to…




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WCIRB Actuarial Committee Meets Tuesday

The Workers’ Compensation Insurance Rating Bureau of California’s Actuarial Committee will review insurer experience reports during a meeting Tuesday. Committee members will discuss the report evaluating insurer experience as of June 30,…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

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…




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WCRI Finds Medical Payments 10% Below Median in Golden State

The Workers Compensation Research Institute reports that average medical payments per claim in California were 10% below the median of a 17-state study. California saw little change in payments per claim…




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CWCI: Drop in Opioid Prescriptions More Pronounced in Comp

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…




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Insolvency Pool Can't Collect From Carrier for Staffing Service's Client

The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing…




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ATF Medical Names Katherine Nelson VP of National Sales

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…




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WCRI Webinar to Cover Impact of Excessive Heat

The Workers Compensation Research Institute is holding a 30-minute webinar on June 6 to discuss the impact of excessive heat on workplace injuries. WCRI recently released a study measuring the extent…




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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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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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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

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…




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Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays

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…




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WCRI Webinar to Cover Trends in Drug Payments

The Workers Compensation Research Institute is holding a 30-minute webinar Aug. 1 to discuss key findings from its study of interstate variation and trends in work comp drug payments. The WCRI…




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Crowdstrike Outage Hits Comp Agencies

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,”…




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OWCP Sets New Provider Orientation

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…




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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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Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right

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…




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Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements

The Massachusetts Appeals Court ruled that an insurance company that was not contributing any assessments to the Workers’ Compensation Trust Fund was still eligible for reimbursement for benefits paid to…




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Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier

The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still…




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No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall

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:…




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Independent Contractor Can't Get Benefits for Injuries

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…




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Court Overturns Award for Second of Identical Injuries

The Virginia Court of Appeals overturned an award of benefits to a worker who suffered identical foot injuries 11 years apart. Case: HealthSouth Corp. v. Hawthorne, No. 2058-23-3, 09/03/2024, unpublished. Facts: Pamela…




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Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car

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…




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Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries

A divided West Virginia Supreme Court ruled that the doctrine of collateral estoppel did not bar a worker who failed to prove his occupational disease claim from seeking a civil…




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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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Supreme Court Upholds Award to Worker for Electric Shock Injury

The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for…




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Supreme Court Upholds Authorization of Pain Management Consultation for Worker

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…




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Supreme Court Upholds Denial of Worker's Request to Add Mental Injuries to Claim

The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…




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Worker Not Entitled to Expand Claim, Receive Additional MRI

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…




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Health Care Worker Gets 0% Award for Injuries

West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,…




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Labor Department Hiring Attorney

The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff…




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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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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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Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier

The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him…




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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…




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NCCI Files New Experience Rating Plan

The National Council on Compensation Insurance filed a proposed Texas-specific experience rating plan. NCCI said the new edition of its Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance…




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Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer

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…




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DWC Proposes Rule to Verify Benefit Recipient Information

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…




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Most Carriers Score Average or Better in 2024 PBO

All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that…




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Court Dismisses Carrier's Challenge to Compensability Finding

A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual…




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OSHA Fines Furniture Maker Following Serious Injury

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…