ng Federal Court Creates Circuit Split on Liability for Black Lung Benefits By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed… Full Article
ng Court Upholds Denial of Miner's Third Claim for Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal… Full Article
ng Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
ng CMS Holding Webinar on Reporting Rules By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The U.S. Centers for Medicare and Medicaid Services is holding a reporting webinar Sept. 12. The program will cover best practices and reminders for non-group health plans that are required to… Full Article
ng NCCI Study Finds Average Impairment Rating of 6.5% By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance said its analysis of impairment ratings in 33 states plus the District of Columbia found that the average whole-body impairment rating for permanently disabled… Full Article
ng Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
ng 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
ng Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v. Full Article
ng 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
ng Worker Can't Sue Over Accident Caused by Colleague in Parking Lot By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was… Full Article
ng Report: Lawmaker Failed to Report Outside Employment While Collecting Comp By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Connecticut Insider on Wednesday reported that a state lawmaker received more than $100,000 in workers’ compensation benefits despite having three outside sources of income that he never disclosed. Sen. Paul… Full Article
ng Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in… Full Article
ng Senators Float Classifying Substance Abuse as Occupational Hazard By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if… Full Article
ng Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and… Full Article
ng 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
ng Supreme Court Establishes Method for Apportioning Preexisting Impairment By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,… Full Article
ng Coal Miner Gets Increased Award Despite Improved Condition After Lung Transplant By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone… Full Article
ng Board Applies Wrong Compensability Standard to Asbestos Claim By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for… Full Article
ng Board Errs in Finding Worker Not Entitled to More Benefits for Second Amputation By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in finding that a worker who lost part of his leg was not entitled… Full Article
ng 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
ng No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:… Full Article
ng Employer Loses Challenge to Deadlines for Contesting Black Lung Claims By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,… Full Article
ng Split Supreme Court Upholds Finding of Worsened Condition for Worker By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,… Full Article
ng Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
ng Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an… Full Article
ng 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
ng 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
ng Department Releases Training Video By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The… Full Article
ng Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in… Full Article
ng 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
ng Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker… Full Article
ng 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
ng Voc Rehab Fees Increasing 2.62% By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that maximum hourly fees for vocational rehabilitation services are increasing 2.62%, effective Oct. 1. The department said the maximum qualified rehabilitation consultant hourly… Full Article
ng 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
ng 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
ng Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident… Full Article
ng 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
ng 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
ng 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
ng 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
ng 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
ng Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution… Full Article
ng 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
ng 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
ng Division Announces Dates for Quarterly Stakeholder Meetings By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,… Full Article
ng 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
ng DWC Accepts Comments on Rule's Title Change By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on a proposal to correct a duplicate regulatory section title. The DWC is proposing to rename Texas Administrative Code Section 147.10 “Commutation… Full Article
ng DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics… Full Article
ng DWC Updates Employer Forms, Changes Rule Title By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to… Full Article
ng 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