en Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,… Full Article
en Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for… Full Article
en KEMI Announces $19.1 Million Dividend By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 Kentucky Employers’ Mutual Insurance on Monday announced a $19.1 million dividend. The workers’ compensation carrier said more than 12,000 policyholders will receive a 20% dividend when checks are distributed in August. “Our… Full Article
en Worker's PTD Claim Sent Back to Judge for Further Findings By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v. Full Article
en Attorney Suspended for Misconduct By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was… Full Article
en Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
en Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United… Full Article
en Insurance Department Announces 8.4% Loss Cost Reduction By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon… Full Article
en Court Upholds Denial of Coverage for Worker's Opioid Medication By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy… Full Article
en Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for… Full Article
en Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
en Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
en Maximum Weekly Benefits Increasing 4.84% By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1. “For injuries occurring on or after July… Full Article
en DLI Rules Would Authorize Max Penalty for Misclassification By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing… Full Article
en Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
en JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,… Full Article
en Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School… Full Article
en Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability… Full Article
en Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered… Full Article
en DWC Posts Rulemaking Notice for Fee Schedule, Related Documents By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC… Full Article
en NCCI Recommends 1% Rate Cut By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance recommended that the Florida Office of Insurance Regulation reduce workers’ compensation rates by an average of 1%, effective Jan. 1. NCCI said in a summary… Full Article
en Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on… Full Article
en Court Upholds Worker's Entitlement to Further Medical Care By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial… Full Article
en House Passes Amended MDMA Therapy Bill for First Responders By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House… Full Article
en Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
en ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due… Full Article
en Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America… Full Article
en Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell… Full Article
en Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro… Full Article
en Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article
en High Court: No Compensation for Jouster Injured at Renaissance Festival By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court declined to hear the appeal of a decision finding that a man injured while jousting was excluded from the state's workers' compensation system. On Tuesday, a 6-1… Full Article
en Injured Firefighter Successfully Challenges Reduction in Benefits By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost… Full Article
en Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio… Full Article
en WCC: Amended Rules Allow Electronic Payment By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments. The commission on Friday published a statement announcing that the new… Full Article
en Court Upholds Denial of Worker's Claim for PTD By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly… Full Article
en Injured Deputy Doesn't Prove Entitlement to PTD Award By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked… Full Article
en Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals ruled that an injured nurse was entitled to benefits for a closed period and that the Workers’ Compensation Commission erred in calculating her average weekly wage. Rachel… Full Article
en High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing… Full Article
en No Benefits for Worker Injured in Fall From Ladder By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v. Full Article
en Employer Penalized for Late Award Payment By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld a 10% penalty against an employer for its late payment of a worker’s award. Case: Jefferson v. South Carolina Department of Transportation, No. 2019-001643, 09/11/2024,… Full Article
en Supreme Court Reissues Decision Questioning Its Own Precedent By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The South Carolina Supreme Court reissued its decision upholding an injured worker’s award but questioned the continued viability of its case law allowing an employer to base its defense on a… Full Article
en Court Upholds Denial of Worker's Request to Modify Award By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No. Full Article
en Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for… Full Article
en State Fund Must Pay for Continuing Treatment of Worker's Injury By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out… Full Article
en WCRI: TD Duration Remains Shorter Despite Recent Growth By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 An increase in average temporary disability duration drove a nearly 10% increase in average indemnity benefits per claim in Wisconsin in 2022, according to a recent study from the Workers… Full Article
en OSHA Fines Waste Management Company $367,410 By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The federal Occupational Safety and Health Administration fined a Wisconsin waste management company $367,410 for violations identified during the investigation of a workplace injury. OSHA said a worker at John’s Disposal Services,… Full Article
en Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Wisconsin Court of Appeals ruled that the attorney and law firm hired to represent a man on solely his workers’ compensation claim did not have a duty to advise… Full Article
en Social, environmental factors may raise risk of developing heart disease and stroke By newsroom.heart.org Published On :: Wed, 27 Mar 2024 09:00:00 GMT Research Highlights: People living in neighborhoods with more environmental adversities, including pollution, toxic sites, high traffic and few parks, had higher rates of cardiovascular disease and cardiovascular disease risk factors. This association ... Full Article
en Treating gum disease after heart rhythm ablation reduced risk of AFib recurrence By newsroom.heart.org Published On :: Wed, 10 Apr 2024 09:00:00 GMT Research Highlights: Treating gum disease within three months after a heart procedure to correct an irregular heart rhythm, known as atrial fibrillation (AFib), may lower the chances of it reoccurring. Inflamed gums may predict AFib recurrence after... Full Article
en Cardiovascular care centered on the patient is key and helps improve equity and outcomes By newsroom.heart.org Published On :: Thu, 11 Apr 2024 09:00:00 GMT Statement Highlights: Patient-centered care establishes a respectful partnership among the health care team, the patient and caregivers to make shared decisions about management tailored to the patients’ beliefs, preferences and... Full Article