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Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it…




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Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption

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’…




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Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity'

California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended…




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Some Claims Stricken in Dispute Between Company's Founding Partners

A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr.




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Bill to Mandate In-State Licensing for UR Docs Returns

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…




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Amendment Expands E-Signature Bill

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…




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CWCI Publishes Report on Average Benefit Payments

The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years…




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Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators

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…




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Assembly Passes State Licensing Requirement for UR Docs

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,…




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Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends

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…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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CCWC Opens Registration for 21st Annual Conference

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…




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DWC Reopens San Bernardino District Office

The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The…




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Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case

A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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DWC Opens Registration for 32nd Annual Educational Conference

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…




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Newsom Rejects In-State Licensing for UR Docs, Raises for Fraud Investigators

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…




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Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…




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DWC Posts Quarterly Adjustment to Hospital, ASC Fees

The California Division of Workers’ Compensation posted an order adopting the latest quarterly update to the outpatient hospital and ambulatory surgery center section of the Official Medical Fee Schedule. The division…




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Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO

The Workers’ Compensation Insurance Rating Bureau of California announced that Andrea Coleman will succeed Bill Mudge as president and CEO next year. Andrea Coleman Coleman’s promotion will take effect Feb. 1,…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…




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CAAA Opens Registration for 2025 Winter Convention

The California Applicants’ Attorneys Association opened registration for its annual winter convention, which will be held in Las Vegas Jan. 23-26. Panelists speaking during the conference will cover a variety of…




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CWCI: Wage Increase Bumps Benefits for 2025

The California Workers' Compensation Institute said certain benefits will increase by about 3.8% next year because of an increase in the state's average weekly wage. The average wage in California increased…




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WCRI Finds Medical Payments 10% Below Median in Golden State

The Workers Compensation Research Institute reports that average medical payments per claim in California were 10% below the median of a 17-state study. California saw little change in payments per claim…




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Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…




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Insolvency Pool Can't Collect From Carrier for Staffing Service's Client

The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing…




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Comp Settlement Doesn't Preclude Civil Suit Against Third Parties

The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors…




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Widow Misses Deadline to Challenge Denial of Claim by 1 Day

The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,…




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Report: Man Accused of Selling Insurance Without License

The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,…




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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




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Governor Approves Legacy Court, Mental Health Bills

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…




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Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation

The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her…




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Court Says Worker's Lies Don't Forfeit Entitlement to Benefits

The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical…




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No Permanent Total Disability Benefits for Worker Who Lost Eye

The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,…




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DOL Sets Benefit-Assistance Events for Black Lung Disease Cases

The U.S. Department of Labor's federal Black Lung Program has set outreach events for current and former coal miners with disabilities related to black lung disease in Indiana, Illinois and Kentucky. Miners' families and…




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Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…




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OccMD Names Cheryl Killion Director of Nurse Case Management

Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case…




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Regulatory Preamble Can Support Award of Black Lung Benefits

A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran…




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IAIABC Announces NextGen Award Winners

The International Association of Industrial Accident Boards and Commissions announced the recipients of its NextGen Award recognizing young professionals who are having a positive effect on their organizations and the…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.




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Court Upholds Worker's Convictions for Embezzlement, Workers' Compensation Fraud

A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South…




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Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims

A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…




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DOL Session to Discuss Benefits for Nuclear Weapons Workers

The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and…




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Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners

Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add…




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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially…




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Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays

Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according…




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WCRI Webinar to Cover Trends in Drug Payments

The Workers Compensation Research Institute is holding a 30-minute webinar Aug. 1 to discuss key findings from its study of interstate variation and trends in work comp drug payments. The WCRI…