k 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
k 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
k Cancer-Stricken Firefighter Gets PPD Award By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld an award of permanent partial disability benefits for a cancer-stricken firefighter. Case: State ex rel. City of Cincinnati v. Industrial Commission, No. 23AP-332, 10/17/2024, published. Facts: Michael… Full Article
k 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
k Workplace Safety Regulators Set Training Event By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and… Full Article
k Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,… Full Article
k Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for… Full Article
k KEMI Announces $19.1 Million Dividend By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 Kentucky Employers’ Mutual Insurance on Monday announced a $19.1 million dividend. The workers’ compensation carrier said more than 12,000 policyholders will receive a 20% dividend when checks are distributed in August. “Our… Full Article
k Worker Gets No TTD for Time After Termination Until Back Surgery By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he… Full Article
k Worker's PTD Claim Sent Back to Judge for Further Findings By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v. Full Article
k 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
k Court Upholds Award for Worker With Cumulative Trauma Back Injury By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper… Full Article
k Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
k Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd… Full Article
k Court Remands Worker's PTD Claim for Fourth Time By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:… Full Article
k 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
k 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
k 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
k Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
k 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
k Maximum Weekly Benefits Increasing 4.84% By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1. “For injuries occurring on or after July… Full Article
k 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
k 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
k Judge Whiffs in Calculating Pro Baseball Player's Average Weekly Wage By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 A Florida appellate court ruled that a judge of compensation claims erroneously calculated a minor league baseball player’s average weekly wage. Austin Sodders entered into a seven-year minor league contract with… Full Article
k Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered… Full Article
k DWC Posts Rulemaking Notice for Fee Schedule, Related Documents By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC… Full Article
k Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and… Full Article
k Cashier Shot During Robbery Leads to OSHA Fines for Circle K By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men… Full Article
k CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first… Full Article
k Court Upholds Worker's Entitlement to Further Medical Care By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial… Full Article
k Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
k Worker's Request for Hearing Dismissed as Untimely By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier… Full Article
k ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due… Full Article
k Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a… Full Article
k Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America… Full Article
k Lawmakers Pass Bill Limiting Recovery for Misclassification By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover. Rep. Full Article
k Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell… Full Article
k Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence… Full Article
k Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article
k Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio… Full Article
k Court Upholds Denial of Worker's Claim for PTD By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly… Full Article
k Supreme Court Reinstates PTD Award for Worker With Back Injury By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino… Full Article
k Court Upholds Summary Dismissal of Worker's Defamation Claims Against Employer By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:… Full Article
k High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing… Full Article
k No Benefits for Worker Injured in Fall From Ladder By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v. Full Article
k Court Revives Civil Suit Over Worker's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a… Full Article
k Commission Sets Claims Administration Workshop By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be… Full Article
k Commissioner Wilkerson Retires Sept. 15 By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The South Carolina Workers’ Compensation Commission announced that Avery B. Wilkerson Jr. will retire, effective Sept. 15. Avery B. Wilkerson Jr. Wilkerson has served as a commissioner since June 2008 when… Full Article
k Truck Driver's Prior Leg Injuries Don't Subject Award to Offset By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Kansas Court of Appeals ruled that an injured truck driver’s award for a knee injury was not subject to offset due to prior leg injuries. Case: Cregger v CLW Farms Inc.,… Full Article
k Court Upholds Denial of Worker's Request to Modify Award By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No. Full Article