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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate…




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Court Upholds Modification of Worker's Benefits for Specific Loss

The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.




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Injured Worker May Not Set Aside Settlement With Employer

The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),…




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Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies

The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of…




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Widow Gets Award for Paramedic's Fatal Heart Attack

The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No.




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Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident

The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D.




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Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset

The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had…




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Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an…




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Court Upholds Modification of Worker's Status to Partially Disabled

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…




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Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries

The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:…




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Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries

The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,…




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Court Upholds Employer's Entitlement to Terminate Worker's Benefits

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…




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Lawmaker Introduces Bill to Address Surviving Spouse Benefits

Pennsylvania Rep. Lindsay Powell introduced legislation that would require that the same eligibility standards apply when awarding death benefits to widows and widowers while also exempting spouses of first responders…




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Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries

Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The…




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Railway Worker Fails to Prove Ear Injury, Hearing Loss

The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652…




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Court Upholds UR Determination That Worker's Treatments Weren't Necessary

The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He…




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Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc.




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Court Upholds Dismissal of Claim Against Sedgwick CEO

The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of…




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Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD

The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for…




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a…




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Second Injury Fund Not Liable for Worker's PTD

The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked…




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Court Reinstates Jury Verdict for Worker on Discrimination Claims

The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales…




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No Benefits for Worker Allegedly Injured in Stairwell Mishap

The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez…




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Worker Can't Proceed With Civil Suit Against Statutory Employer

A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…




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Assembly Passes Measure Extending 4850 Time to Park Rangers

The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted…




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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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Legislature Passes Bill to Give Park Rangers 4850 Time

California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to…




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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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Kids' Chance Awards $225,115 in Scholarships

Kids’ Chance of California awarded $225,115 in scholarships to 42 students for the upcoming academic year. The nonprofit organization that provides scholarships to children of those who were seriously injured or killed…




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Legislature Passes Farmworker Heat Injury Bill

The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers…




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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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Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends

California lawmakers closed out the 2024 legislative session by passing a bill that would allow electronic signatures on all work comp documents, and a bill requiring that doctors who do utilization review on claims…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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Safety Regulators Remind Employers to Protect Workers From Smoke

The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill…




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Statute of Limitations Bars Worker's Medical Malpractice Claim

An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California…




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CalChamber Urges Veto of Ag Worker Heat Injury Presumption

The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered…




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DWC Closing Eureka Virtual Office Oct. 18

The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests…




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Pacific Workers' Law Adds Yuvanna M. Davis to Firm

Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and…




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Court Revives Worker's Claims for FEHA Violation, IIED

A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…




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Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services

For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or…




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Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption

California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill…




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Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




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Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,…




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Tire Maker Fined $271,930 for Fatal Injury

Federal workplace safety inspectors fined a tire maker in Georgia $271,930 for safety violations allegedly uncovered during the investigation of a fatal accident. Steven Brookins, 57, died April 10 at a…




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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




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Lawmakers Approve 2024 Fee Schedule

The Oklahoma Workers’ Compensation Commission announced that state lawmakers have approved the updated 2024 Medical Fee Schedule. The state House of Representatives voted 94-1 to pass House Joint Resolution 1035 in…




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Co-Employee Immunity Requires Both Workers to Be in COE/SOE

A divided Oklahoma Supreme Court ruled that an employee who injures a colleague must be acting within the course and scope of employment when the incident occurs to receive the…




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Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims

A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis…