at NCCI: Medical Inflation Softens in 3rd Quarter By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening… Full Article
at Supreme Court Suspends Attorney Who Mishandled Comp Cases By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court… Full Article
at Contractor Fined for Safety Violations That Caused Worker's Death By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part… Full Article
at Statute of Limitations Ends Inquiry Into Senator's Comp Claim By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying… Full Article
at Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still… Full Article
at 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
at Report: Comp Board Claims Candidate Ran Uninsured Business, Owes $52,102 By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Hartford Courant on Thursday reported that the New York State Workers’ Compensation Board alleges a congressional candidate from Connecticut owes $52,102 in fines and penalties for allegedly operating a… Full Article
at NCCI Proposes Rate Cuts for 2025 By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance recommended an average 6.1% cut in voluntary loss costs for Connecticut in 2025. NCCI also proposed a 6.2% average reduction in the assigned risk market… Full Article
at 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
at WCC Opens Registration for 2024 Conference By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The Virginia Workers’ Compensation Commission opened registration for its 2024 Education Conference and Exhibition in October. The conference provides instruction on rules, procedures, policies and forms used in the state’s comp system. Full Article
at Employer Can't Relitigate Reasonableness of Worker's Mileage for Treatment By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute… Full Article
at Court Upholds Award for Postinjury Mental Health Treatment By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina… Full Article
at Worker With Traumatic Brain Injury Entitled to Inpatient Residential Care By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v. Full Article
at No Death Benefits for Widow in Asbestos Exposure Claim By ww3.workcompcentral.com Published On :: Mon, 10 Jun 2024 00:00:00 -0700 The Intermediate Court of Appeals of West Virginia upheld the denial of benefits to a widow, finding she failed to prove that her husband's death was caused by his occupational exposure… Full Article
at Collateral Estoppel Doesn't Bar Worker's Civil Suit for Alleged Exposure Injuries By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 A divided West Virginia Supreme Court ruled that the doctrine of collateral estoppel did not bar a worker who failed to prove his occupational disease claim from seeking a civil… Full Article
at Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments By ww3.workcompcentral.com Published On :: Thu, 01 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:… Full Article
at No Additional Treatment, Benefits for Injured Mine Worker By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of additional treatment and temporary total disability benefits for an injured mine worker. Case: Polinski v. Consol Bailey Mine WV, No. Full Article
at Court Revives PTD Application for Mine Worker Struck by Ram Car By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey… Full Article
at 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
at Supreme Court Upholds Award for Worker's Radiation Exposure, Cancer By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott… Full Article
at Supreme Court Upholds Authorization of Pain Management Consultation for Worker By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked… Full Article
at Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,… Full Article
at 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
at No Benefits for Widow of Man Who Had Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received… Full Article
at Widow of Worker With Leukemia Gets Award of Death Benefits By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc. Full Article
at 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
at Supreme Court Upholds Denial of Worker's Occupational Pneumoconiosis Claim By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s occupational pneumoconiosis claim. Case: Lewis v. Columbia West Virginia Corp., No. 23-616, 09/23/2024, published. Facts: Jackie W. Lewis Sr. worked for… Full Article
at Supreme Court Upholds Award of Occupational Disease Death Benefits By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A. Full Article
at Worker Gets No Referral for Evaluation of Noncompensable Condition By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:… Full Article
at No Increase in Worker's PPD Award for Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Lucey v. Murray… Full Article
at 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
at 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
at Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked… Full Article
at Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating… Full Article
at DLI Opens Registration for Mandatory QRC, Vendor Update By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry opened registration for a mandatory rehabilitation provider update webinar being held Sept. 13. The webinar will cover topics including a department update, legislative and rule… Full Article
at Registration for Work Comp Summit Opens Monday By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update… Full Article
at 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
at Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,… Full Article
at 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
at 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
at DWC Raises Discount Rate Slightly By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the… Full Article
at No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
at TDI Posts Updates on Office Closures Due to Storm By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Texas Department of Insurance said it closed seven Division of Workers’ Compensation field offices along the Gulf Coast in response to Hurricane Beryl. The department said it closed both field… Full Article
at DWC Seeks Input on Legislative Recommendations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it… Full Article
at 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
at DWC Webinar to Cover Wage Statements By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD. Full Article
at 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
at 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
at 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
at Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article