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Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries

Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The…




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Railway Worker Fails to Prove Ear Injury, Hearing Loss

The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D.




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Employer Doesn't Waive Subrogation Claim

The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance…




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Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD

The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for…




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Direct Deposit, PTSD Measures Head to Governor

Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits…




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a…




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Court Reinstates Jury Verdict for Worker on Discrimination Claims

The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales…




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Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…




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Worker Can't Proceed With Civil Suit Against Statutory Employer

A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,…




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Missouri Employers Mutual Rebrands Ahead of Privatization

Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to…




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Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of…




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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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Legislature Passes Bill to Give Park Rangers 4850 Time

California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to…




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Vocational School Officials Charged in SJDB Fraud Case

The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,…




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Cal/OSHA Hires More Investigators

California's Division of Occupational Safety and Health, commonly known as Cal/OSHA, has increased staffing in its Bureau of Investigations Unit to take on more probes into serious workplace injuries across the…




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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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WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing

A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked…




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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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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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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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CalChamber Urges Veto of Ag Worker Heat Injury Presumption

The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered…




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DWC Closing Eureka Virtual Office Oct. 18

The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests…




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WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting

The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual…




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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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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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Pacific Workers' Law Adds Yuvanna M. Davis to Firm

Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and…




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Governor Signs Electronic Signature Bill

California Gov. Gavin Newsom signed a bill allowing electronic signatures in the state’s workers’ compensation system. Newsom on Sunday signed AB 2337, by Assemblymember Diane Dixon, R-Newport Beach. As introduced, the…




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Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




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Court Revives Worker's Claims for FEHA Violation, IIED

A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…




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Employer Gets Relief From Default in Dispute Over Comp Premiums

A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,…




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WCIRB Promotes Tony Milano to EVP, Chief Actuary

The Workers’ Compensation Insurance Rating Bureau of California on Thursday announced the promotion of Tony Milano to executive vice president and chief actuary. Tony Milano “Tony’s promotion to our Senior Leadership…




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Governor Vetoes 4850 Time for Rangers

California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of…




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Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services

For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or…




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Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption

California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill…




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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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WCIRB Posts Report on COVID Claims

About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed…




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Cal/OSHA Cites Farm Labor Contractor for Heat Violations

The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in…




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WCIRB Reports Increase in Average Charged Rates

Average charged rates increased in the first six months of 2024, suggesting recent rate declines are flattening, the Workers’ Compensation Insurance Rating Bureau of California said in its latest quarterly…




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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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Twice-Convicted Fraudster Charged in Alleged $100M Scheme

A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges…




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Vocational School Owner Charged With Fraud

The California Department of Insurance announced that the owner of a private vocational school was charged with 11 felonies for allegedly submitting fraudulent bills to work comp carriers and failing…




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DWC Completes Server Upgrades

The California Division of Workers' Compensation on Friday said it completed the process of upgrading its Workers' Compensation Information Servers. WCIS is ready to receive and process production data files daily,…




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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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Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




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Employer Faces Civil Liability for Fatal Shooting

The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp.




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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…