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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

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,…




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Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

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 Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished.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…




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KEMI Announces $19.1 Million Dividend

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…




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Worker's PTD Claim Sent Back to Judge for Further Findings

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.




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Attorney Suspended for Misconduct

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…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

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 Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished.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…




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Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier

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…




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Insurance Department Announces 8.4% Loss Cost Reduction

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…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

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…




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Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping

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…




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Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries

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…




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Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment

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…




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Maximum Weekly Benefits Increasing 4.84%

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…




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DLI Rules Would Authorize Max Penalty for Misclassification

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…




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Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim

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:…




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JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

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,…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

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…




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Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud

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…




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Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement

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…




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DWC Posts Rulemaking Notice for Fee Schedule, Related Documents

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…




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NCCI Recommends 1% Rate Cut

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…




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Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion

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…




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Court Upholds Worker's Entitlement to Further Medical Care

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…




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House Passes Amended MDMA Therapy Bill for First Responders

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…




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Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

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,…




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ALJ Abuses Discretion in Denying Worker's Request for Relief

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…




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Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits

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…




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Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset

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…




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Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim

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…




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Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague

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…




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High Court: No Compensation for Jouster Injured at Renaissance Festival

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…




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Injured Firefighter Successfully Challenges Reduction in Benefits

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…




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Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim

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…




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WCC: Amended Rules Allow Electronic Payment

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…




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Court Upholds Denial of Worker's Claim for PTD

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…




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Injured Deputy Doesn't Prove Entitlement to PTD Award

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…




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Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation

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…




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High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury

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…




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No Benefits for Worker Injured in Fall From Ladder

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.




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Employer Penalized for Late Award Payment

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,…




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Supreme Court Reissues Decision Questioning Its Own Precedent

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…




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Court Upholds Denial of Worker's Request to Modify Award

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.




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Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

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…




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State Fund Must Pay for Continuing Treatment of Worker's Injury

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…




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WCRI: TD Duration Remains Shorter Despite Recent Growth

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…




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OSHA Fines Waste Management Company $367,410

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,…




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Attorney Has No Duty to Advise Comp Client on Potential Third-Party Claims

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…




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Social, environmental factors may raise risk of developing heart disease and stroke

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 ...




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Treating gum disease after heart rhythm ablation reduced risk of AFib recurrence

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...




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Cardiovascular care centered on the patient is key and helps improve equity and outcomes

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...