ri Missouri Employers Mutual Rebrands Ahead of Privatization By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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… Full Article
ri Senate Passes Bill to Prolong Electronic Payment Authorization By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 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… Full Article
ri Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 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… Full Article
ri Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 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’… Full Article
ri Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 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. Full Article
ri WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 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… Full Article
ri DWC Reopens San Bernardino District Office By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 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… Full Article
ri Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 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… Full Article
ri WCIRB Actuarial Committee Meets Tuesday By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 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,… Full Article
ri Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 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:… Full Article
ri 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
ri WCRI Finds Medical Payments 10% Below Median in Golden State By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 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… Full Article
ri 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
ri Insolvency Pool Can't Collect From Carrier for Staffing Service's Client By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 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… Full Article
ri 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
ri WCRI Webinar to Cover Impact of Excessive Heat By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 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… Full Article
ri 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
ri 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
ri Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 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… Full Article
ri Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
ri WCRI Webinar to Cover Trends in Drug Payments By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
ri Crowdstrike Outage Hits Comp Agencies By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 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,”… Full Article
ri 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
ri 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
ri 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
ri Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 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… Full Article
ri Carrier Not Contributing Assessments to Trust Fund Can Still Get Reimbursements By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 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… Full Article
ri Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 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… Full Article
ri No Benefits for Poultry Plant Worker's Injuries from Unexplained Fall By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 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:… Full Article
ri Independent Contractor Can't Get Benefits for Injuries By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 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… Full Article
ri Court Overturns Award for Second of Identical Injuries By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 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… Full Article
ri Worker Helping Crash Victim Gets Benefits for Injuries From Being Struck by Car By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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… Full Article
ri Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
ri No Benefits for Worker With Alleged Injuries From Assisting Colleague in Emergency By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 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… Full Article
ri Supreme Court Upholds Award to Worker for Electric Shock Injury By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 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… Full Article
ri Supreme Court Upholds Authorization of Pain Management Consultation for Worker By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 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… Full Article
ri Supreme Court Upholds Denial of Worker's Request to Add Mental Injuries to Claim By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 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… Full Article
ri Worker Not Entitled to Expand Claim, Receive Additional MRI By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 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… Full Article
ri Health Care Worker Gets 0% Award for Injuries By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 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,… Full Article
ri Labor Department Hiring Attorney By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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… Full Article
ri Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 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… Full Article
ri ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 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… Full Article
ri Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
ri Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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… Full Article
ri NCCI Files New Experience Rating Plan By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
ri Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 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… Full Article
ri DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 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… Full Article
ri Most Carriers Score Average or Better in 2024 PBO By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 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… Full Article
ri Court Dismisses Carrier's Challenge to Compensability Finding By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 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… Full Article
ri OSHA Fines Furniture Maker Following Serious Injury By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article