at Court Upholds Denial of Widow's Claim for Truck Driver's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a widow’s claim for a truck driver’s fatal heart attack. Case: Dnistranskiy v. Brite Logistics Inc. (WCAB), No. 414 C.D. 2023, 05/10/2024,… Full Article
at Labor Committee Hears Testimony on Misclassification By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of… Full Article
at Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:… Full Article
at Collateral Estoppel Precludes Worker From Challenging Validity of Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No. Full Article
at Injured Firefighter Not Entitled to Reinstatement of Benefits By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an injured firefighter was not entitled to reinstatement of his benefits. Case: Marinack v. City of Pittsburgh (WCAB), City of Pittsburgh v. Marinack (WCAB),… Full Article
at Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 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… Full Article
at Court Upholds Modification of Worker's Benefits for Specific Loss By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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. Full Article
at Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 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… Full Article
at Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 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. Full Article
at Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 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. Full Article
at Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid… Full Article
at Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City… Full Article
at Court Upholds Modification of Worker's Status to Partially Disabled By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
at Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 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,… Full Article
at Court Upholds Employer's Entitlement to Terminate Worker's Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 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,… Full Article
at Court Upholds UR Determination That Worker's Treatments Weren't Necessary By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 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… Full Article
at Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
at House Passes Direct Deposit Bill, Senate Passes PTSD Bill By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Pennsylvania General Assembly passed a bill that would make direct deposit the default method for paying workers' compensation benefits, and the Senate signed off on a measure that would make… Full Article
at Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance… Full Article
at Goldberg Segalla Adds Attorney in Philadelphia By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and… Full Article
at Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
at Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 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… Full Article
at Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 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… Full Article
at Worker Can't Proceed With Civil Suit Against Statutory Employer By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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.,… Full Article
at Missouri Employers Mutual Rebrands Ahead of Privatization By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to… Full Article
at High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 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… Full Article
at Insurance Department Adopts 6.7% Rate Cut By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Idaho Department of Insurance on Wednesday announced that it accepted the National Council on Compensation Insurance's rate filing for an average 6.7% reduction in workers’ compensation rates. Dean L. Cameron The… Full Article
at DWC Updates Hospital, ASC Fee Schedule By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Friday announced additional changes to the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule to align with… Full Article
at Senate Passes Bill to Prolong Electronic Payment Authorization By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass… Full Article
at Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 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’… Full Article
at Legislature Passes Bill to Give Park Rangers 4850 Time By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 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… Full Article
at Vocational School Officials Charged in SJDB Fraud Case By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,… Full Article
at Cal/OSHA Hires More Investigators By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 California's Division of Occupational Safety and Health, commonly known as Cal/OSHA, has increased staffing in its Bureau of Investigations Unit to take on more probes into serious workplace injuries across the… Full Article
at Bill to Mandate In-State Licensing for UR Docs Returns By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 A bill that would require some doctors performing utilization review to be licensed in the state was brought back to life after spending roughly a year on the California Assembly’s… Full Article
at Amendment Expands E-Signature Bill By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Electronic signatures would be allowed for all California workers’ compensation documents, under a recently amended bill. Assemblymember Diane Dixon, R-Newport Beach, last week amended AB 2337 to strike a provision that… Full Article
at Legislature Passes Farmworker Heat Injury Bill By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
at Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended… Full Article
at Assembly Passes State Licensing Requirement for UR Docs By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,… Full Article
at Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 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… Full Article
at WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former… Full Article
at CCWC Opens Registration for 21st Annual Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The California Coalition on Workers’ Compensation opened registration for its 21st annual Conference, Legislative and Educational Forum. The three-day event will feature four general sessions and 15 breakout discussions about issues… Full Article
at Safety Regulators Remind Employers to Protect Workers From Smoke By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 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… Full Article
at Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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… Full Article
at CalChamber Urges Veto of Ag Worker Heat Injury Presumption By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 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… Full Article
at WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual… Full Article
at DWC Opens Registration for 32nd Annual Educational Conference By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened registration for its 32nd annual Educational Conference that will be held in March. The conference is the largest work comp training event in the… Full Article
at Newsom Rejects In-State Licensing for UR Docs, Raises for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom vetoed bills that would have required some utilization review doctors to be licensed in the state and would have increased salaries for fraud investigators at the… Full Article
at Governor Signs Electronic Signature Bill By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill allowing electronic signatures in the state’s workers’ compensation system. Newsom on Sunday signed AB 2337, by Assemblymember Diane Dixon, R-Newport Beach. As introduced, the… Full Article
at Governor Signs Bill to Delay Comp Mandate for Contractors By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a… Full Article
at Court Revives Worker's Claims for FEHA Violation, IIED By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 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… Full Article