to Supreme Court Upholds Expansion of Worker's Claim to Add New Conditions By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 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… Full Article
to 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
to Court Denies Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Mon, 23 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 to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice… Full Article
to Court Upholds Denial of Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No. Full Article
to Supreme Court Upholds Denial of Worker's Request to Expand Claim, Undergo Additional Imaging By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 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.,… Full Article
to Supreme Court Upholds Denial of Worker's Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins… Full Article
to Worker Fails to Link Concussion Claim to Actions of Child Tapping Head By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 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… Full Article
to Worker Not Entitled to Increased PPD Award By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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. Case: Alban v. West Virginia Division of… Full Article
to 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
to DLI Opens Registration for Mandatory QRC, Vendor Update By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 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… Full Article
to Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep… Full Article
to 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
to Doctor May Consider All Relevant Body Parts in Assessing MMI By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body… Full Article
to 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
to Research Group Releases Report on Access to Care By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Texas Workers' Compensation Research and Evaluation Group released a new report on access to care in the Lone Star State's workers' compensation system between 2017 and 2022. This report measures the availability… Full Article
to DWC Webinar to Cover Presiding Officer Directives By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer… Full Article
to Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,… Full Article
to DWC Proposes Rules to Implement HB 2468 By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation on Friday proposed rules for designated doctor procedures and requirements for lifetime income benefits to implement House Bill 2468. HB 2468, which was enacted in… Full Article
to 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
to DWC Seeks Comments on Proposed Changes to Report Forms By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation seeks public comment on changes to a trio of report forms. The division said it has updated the following forms to conform to the agency’s standards,… Full Article
to Temp Worker Can't Maintain Tort Suit Against Employer's Client By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,… Full Article
to Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates… Full Article
to Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 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… Full Article
to No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
to TDI Posts Updates on Office Closures Due to Storm By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Texas Department of Insurance said it closed seven Division of Workers’ Compensation field offices along the Gulf Coast in response to Hurricane Beryl. The department said it closed both field… Full Article
to DWC Webinar to Cover Wage Statements By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD. Full Article
to Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 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,… Full Article
to Comp Division Proposes Changes to Pharmacy Benefit Rules By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 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,… Full Article
to Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article
to 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
to DWC Sets Treating Doctor Webinar By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a… Full Article
to 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
to Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 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… Full Article
to Claimant Confusion Leads to Lawsuits Against Comp Attorney By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 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… Full Article
to Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
to Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 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… Full Article
to Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State… Full Article
to Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of… Full Article
to Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed… Full Article
to Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina… Full Article
to Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free… Full Article
to Construction Company Fined for Using Crane to Lift Workers By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries said a Seattle construction company is facing $155,300 in fines for knowingly putting workers at serious risk of injury or death by… Full Article
to Court Overturns Jury Award to Flight Attendant for COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on… Full Article
to Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I… Full Article
to Claims School Seminar to Explore Return to Work, Case Law and IMEs By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical… Full Article
to Property Owner Not Entitled to Summary Dismissal of Suit By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to… Full Article
to Anatomy and Injury Treatment Plans By ww3.workcompcentral.com Published On :: Thu, 24 Mar 2005 13:28:30 -0800 Musculoskeletal injuries constitute the majority of industrial claims. Claims professionals will review many medical reports written by physicians who report their findings as they treat and evaluate injured workers. This… Full Article
to Catastrophic Injury: How to Maximize or Minimize Exposure By ww3.workcompcentral.com Published On :: Tue, 11 Nov 2014 09:14:34 -0800 Learn the secrets, tips and tactics that demystify the handling of the catastrophic loss case. This seminar will equip attendees with a clear overview of the steps and stages each catastrophic… Full Article
to Workers' Compensation Basics, History, Terms, Benefits, SJDB By ww3.workcompcentral.com Published On :: Fri, 20 Feb 2015 08:08:54 -0800 The Claims Specialist's Start Guide: CA Adjuster Cert Process, Historical Overview, Organizational Structure of WC System, WC Terms and Concepts, Basic Benefits & TD and SJDB Vouchers. Full Article
to For What It's Worth: How to Rate and Value Your Case By ww3.workcompcentral.com Published On :: Wed, 15 Apr 2015 10:00:19 -0700 This half-day rating event promises comprehensive presentations by the experts. Tune your skills as the experts debate the most pertinent disability rating issues. Full Article