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Carrier Has No Duty to Defend Employer From Intentional Tort Claims

The New Jersey Superior Court’s Appellate Division ruled that a carrier had no duty to defend an employer against an injured worker’s intentional tort claims. Case: De Tapia v. 74 Industries…




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Court Says Violation of Safety Rules Alone Doesn't Constitute Intentional Harm

The Appellate Division of New Jersey’s Superior Court affirmed a trial court’s decision granting summary judgment that dismisses an intentional harm case, saying the injured worker failed to clear the high…




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Supreme Court Says Injured Police Officers Must Repay Sick Leave Benefits to City

The New Hampshire Supreme Court ruled that a group of injured police officers were obligated to repay the sick leave benefits they received while awaiting a determination of their eligibility…




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Employers Denied Reimbursement From Second Injury Fund Must Get Hearing

The Supreme Court of New Hampshire ruled that an employer or insurance carrier that has been denied reimbursement from the Special Fund for Second Injuries is entitled to a hearing before…




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Attorney for Injured Worker Fails to Negotiate Fee for Himself in Settlement

The Delaware Superior Court ruled that the attorney for an injured worker was not entitled to demand a fee from a settlement that did not provide a payment to him. Case:…




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Supreme Court Upholds Denial of Benefits to Poultry Plant Worker for COVID-19 Infection

The Delaware Supreme Court upheld a denial of benefits to a poultry plant worker for his occupational disease claim based on a COVID-19 infection. Case: Fowler v. Perdue Inc., No. 412, 2023,…




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Report: Former Postal Worker Sentenced to Probation for Fraud

A former U.S. Postal Service worker in Delaware was sentenced to three years of probation and ordered to pay nearly $94,000 in restitution for defrauding the federal workers’ compensation program,…




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Court Upholds Denial of Coverage for Amazon Employee's Back Surgery

The Delaware Superior Court upheld the denial of coverage for an Amazon employee’s back surgery, finding that his workplace injury did not necessitate the operation. Case: Hoskins v. Amazon.com, No. N23A-06-004…




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Court Reverses Finding That Worker Failed to Exhaust Reasonable Conservative Treatment

The Delaware Superior Court overturned a determination that an injured worker failed to exhaust reasonable conservative measures to treat his knee injury before opting for surgery. Case: Baxter v. Verizon Communications,…




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Labor Department Posts Practice Guidelines Online

The Delaware Department of Labor adopted rules allowing it to post the Workers’ Compensation Oversight Panel’s health care practice guidelines on its website. In May, the department proposed repealing regulations that…




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Court Upholds Finding on Compensability for Knee Injury, Overturns PTD Award

The Nebraska Court of Appeals upheld a finding of compensability for a worker’s knee injury, but overturned the award of permanent total disability benefits as unsupported by adequate factual findings. Case:…




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Dispute Over Worker's MMI Status Doesn't Allow Employer to Dodge Penalty

The Nebraska Supreme Court ruled that an employer was properly penalized for failing to make an indemnity payment to an injured worker because of a dispute over when and if…




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WCC Activates Web-Based Data Entry App for DRG Reports

The Nebraska Workers’ Compensation Court activated its web-based data entry application for diagnostic related group reports. The Nebraska Workers’ Compensation Act requires covered hospitals, workers’ compensation insurers, self-insured employers and risk…




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Lack of Evidence Connecting Worker's Alleged Injury to Job Results in Denial of Claim

The Nebraska Court of Appeals upheld the denial of a worker’s claim because she failed to demonstrate a causal connection between her alleged injuries and her workplace accident. Case: Chavez v. Tyson…




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Court Says Board Applied Wrong Standard of Proof to Deny Worker's PPD Claim

Hawaii’s Intermediate Court of Appeals overturned the denial of a worker’s claim for permanent partial disability benefits, finding that the Labor and Industrial Relations Appeals Board imposed the wrong standard…




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Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed

The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that…




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HEMIC Declares $5M Dividend

Hawaii Employers’ Mutual Insurance Co. announced a $5 million dividend for qualifying policyholders. The carrier said the dividend will be the largest in its history and brings to $53 million the…




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The Most Important Unsolved Problem in Computer Science

Here’s a look at the $1-million math problem at the heart of computation




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Podcasts of the Year: Cleo, the Mysterious Math Menace

In 2013 a new user named Cleo took an online math forum by storm with unproved answers. Today she’s an urban legend. But who was she? A 2023 editor's pick. 




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Math Explains Why Your Friends Are More Popular Than You

The inspection paradox makes sense of social networks, long train wait times and why the call center is always busy 




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This Nomadic Eccentric Was the Most Prolific Mathematician in History

The bizarre life and legacy of Paul Erdős, the most prolific mathematician ever




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A Wild Claim about the Powers of Pi Creates a Transcendental Mystery

Mathematicians cannot determine whether multiplying pi by itself repeatedly might produce a whole number




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These Numbers Look Random but Aren't, Mathematicians Prove

A new mathematical proof helps show whether a sequence of numbers is “pseudorandom”




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Tomorrow's Quantum Computers Threaten Today's Secrets. Here's How to Protect Them

Researchers are racing to create codes so complex that even quantum computers can’t break them




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Scientists Destroy Illusion That Coin Toss Flips Are 50–50

Researchers go to great lengths to prove a tiny bias in coin flipping




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Casual Employment Threshold, TD Benefit and Attorney Fees to Increase

The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is…




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WCD Bulletin Explains Self-Insurer Premium Assessment

The Oregon Workers’ Compensation Division on Monday published a bulletin explaining how to calculate self-insured employer premium assessments for the upcoming fiscal year. Self-insureds can choose premium assessments using either a…




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DCBS Reports 7 Compensable Fatalities in First Quarter

The Oregon Department of Consumer and Business Services said it received notice of seven fatalities accepted for workers’ compensation benefits in the first three months of 2024, one less than…




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Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker

The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at…




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Comp Division Pitches Changes to Assessment Rules

Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,…




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DCBS Reports 42 Compensable Fatalities in 2023

The Oregon Department of Consumer and Business Services reported that it received notice of 42 fatalities accepted for workers’ compensation benefits in 2023. The 42 compensable workplace fatalities represent a 40%…




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Rulemaking Advisory Committee Reviewing Treatment Regs

The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss…




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WCD Announces Increase in Retro Benefits

The Oregon Workers’ Compensation Division posted a bulletin announcing the annual increase in retroactive program benefits and the processes for calculating benefits owed to injured workers. The retroactive program supplements benefits…




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Most Lodging and Meal Reimbursement Rates Increase Oct. 1

The Oregon Workers’ Compensation Division on Thursday announced that most lodging and meal reimbursement rates for injured workers who travel to medical appointments will increase Oct. 1. The standard lodging rate…




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No Change in Premium Assessment Rate for 2025

The Oregon Workers' Compensation Division announced that premium assessment rates will remain unchanged in 2025. The division said the premium assessment rate for 2025 will be 9.8%, the same as it…




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Court Upholds Denial of Benefits for Worker Injured in 'Arduous Trek' to Office

The Indiana Court of Appeals upheld a denial of benefits for a university employee with significant preexisting health problems for her alleged injuries from walking to her workplace. Case: Ostrowski v.




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Judge Miscalculates Insurance Provider's Lien Against Amputee's Tort Settlement

The Indiana Court of Appeals ruled that a trial judge miscalculated an insurance provider’s lien against a truck driver’s third-party recovery for an accident that resulted in the loss of…




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WCRI: Medical Payments Per Claim Higher Than Most States

The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of…




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.




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Court Overturns Denial of University Employee's Claims

The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk…




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High Court Suspends Attorney for Nine Months

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits

A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years…




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High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim

The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her…




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Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim

The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager.




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…




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Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…




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Gilson Daub Opens Chicago Office

Workers’ compensation defense firm Gilson Daub opened a new office in Chicago that it said was part of its expansion efforts in the Midwest. Elizabeth Vicars At the same time, the…




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Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer

A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:…




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Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…