al Overcoming Jurisdictional Return-to-Work Challenges By ww3.workcompcentral.com Published On :: Wed, 26 Apr 2023 17:48:17 -0700 Identify specific requirements and common legal challenges for light duty and transitional work assignments. Understand jurisdictional components, litigation trends and case law. Discuss the challenges involved in transitional work assignments including… Full Article
al 2023 WorkCompCentral Annual Rating Workshop By ww3.workcompcentral.com Published On :: Thu, 01 Jun 2023 08:30:40 -0700 This program offers expert instruction and advice on rating, while providing the students with the upper hand in everyday issues with your cases. Students will walk away with an understanding… Full Article
al City of San Diego - A Biopsychosocial Success Story By ww3.workcompcentral.com Published On :: Fri, 26 Jan 2024 10:21:43 -0800 This session highlights the successes of a unique partnership between City of San Diego and Institutes of Health, a company specializing in the delivery of biopsychosocial care. Panelists will underscore… Full Article
al Part 1 - PTSD Awareness for Work Comp Professionals By ww3.workcompcentral.com Published On :: Mon, 06 May 2024 08:09:12 -0700 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… Full Article
al The Power of Virtual Reality: Immersive Therapeutics for Chronic Back Pain Management By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 08:07:51 -0700 CBP is a prevalent, complex, and expensive condition that carries a significant health economic burden in the US. For Injured Workers who experience persistent pain, the ability to participate in… Full Article
al Employer Partially Liable for Disability Can Claim Full Social Security Offset By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was… Full Article
al Annual Comp Conference Set for June 12-14 By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A certified therapy dog joins the list of presenters featured in the upcoming Tennessee Workers’ Compensation Educational Conference, set for June 12-14 in Murfreesboro. Chief Judge Kenneth M. Switzer Judy, a therapy… Full Article
al Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury' By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 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… Full Article
al Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing… Full Article
al Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s… Full Article
al Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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… Full Article
al Employer Can't Escape Liability for Continuing Medical Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Alabama Court of Civil Appeals ruled that an employer could not be relieved of its obligation to provide continuing medical treatment to an injured worker after she aggravated her… Full Article
al Court Upholds Award of PTD Benefits for Former Walmart Worker By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a… Full Article
al Contemptuous Conduct by Worker, Counsel Doesn't Allow for Dismissal of PTD Claim as Sanction By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 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… Full Article
al Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
al Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 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… Full Article
al High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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… Full Article
al High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article
al Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 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… Full Article
al No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 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. Full Article
al Industrial Commission Opens Registration for Annual Conference By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 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… Full Article
al Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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:… Full Article
al Court Upholds Calculation of Pipe Fitter's AWW By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 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… Full Article
al Court Says Injured Worker Not Entitled to Participate in Vocational Rehab By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
al Court Overturns VSSR Award for Worker With Chemical Burns By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel… Full Article
al Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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:… Full Article
al Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article
al Worker Not Entitled to Relief From Decision She Allegedly Never Received By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 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… Full Article
al Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 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… Full Article
al Court Clarifies Extent to Which Partial Amputation Results in Total Loss By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 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… Full Article
al BWC Opens Registration for Annual Medical and Health Symposium By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
al Widow Timely Files Asbestos-Related Occupational Disease Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 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… Full Article
al Court Rejects Employer's Challenge to Loss-of-Use Award By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America… Full Article
al Worker Not Entitled to Mandamus Relief From Denial of Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay… Full Article
al Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 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… Full Article
al High Court Remands AOE Determination for Unobserved Fall By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 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… Full Article
al No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
al Supreme Court Says TTD Award Not Immediately Appealable By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Full Article
al Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 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,… Full Article
al Court Upholds Denial of Benefits for Cumulative Trauma Claim By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,… Full Article
al Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 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… Full Article
al Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 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… Full Article
al Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
al AWW Calculation Includes Lump-Sum Vacation Pay By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 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… Full Article
al Court Upholds Denial of Coverage for Worker's Opioid Medication By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 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… Full Article
al Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for… Full Article
al Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
al DLI Rules Would Authorize Max Penalty for Misclassification By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 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… Full Article
al Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
al JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 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,… Full Article