v Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep… Full Article
v Voc Rehab Fees Increasing 2.62% By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that maximum hourly fees for vocational rehabilitation services are increasing 2.62%, effective Oct. 1. The department said the maximum qualified rehabilitation consultant hourly… Full Article
v Pinnacol Urges Vigilance for Vehicle Safety By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 Colorado’s Pinnacol Assurance urged the state’s employers to be proactive in reviewing and enhancing their vehicle safety protocols, saying heavily traveled roads during summer months increase the risk of accidents. Pinnacol… Full Article
v Governor Approves Benefit Increase By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 Colorado Gov. Jared Polis enacted a bill that will increase the cap on combined temporary disability and permanent partial disability benefits by 100% or more. Rep. Lindsey Daugherty, D-Arvada Polis on… Full Article
v Comp Division Seeks Comments on Independent Medical Exam Rules By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Colorado Division of Workers’ Compensation is holding a meeting to discuss a preliminary draft of updated rules for the independent medical examination process. Draft rules that the division is considering… Full Article
v ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific… Full Article
v Doctor May Consider All Relevant Body Parts in Assessing MMI By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body… Full Article
v Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him… Full Article
v Split Court Overturns Finding That Injured Cop Can Claim UM/UIM Benefits By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 A divided Texas appellate court overturned a grant of summary judgment finding that an injured police officer was entitled to uninsured/underinsured motorist coverage under her own policy for an accident… Full Article
v DWC Webinar to Cover Presiding Officer Directives By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer… Full Article
v Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,… Full Article
v Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates… Full Article
v DWC Seeks Input on Legislative Recommendations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it… Full Article
v DWC Webinar to Cover Wage Statements By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD. Full Article
v Comp Division Proposes Changes to Pharmacy Benefit Rules By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,… Full Article
v Division Announces Dates for Quarterly Stakeholder Meetings By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,… Full Article
v DWC Seeks Comments for Routine Rule Review By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is… Full Article
v Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article
v Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In… Full Article
v Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered… Full Article
v DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The… Full Article
v Most Carriers Score Average or Better in 2024 PBO By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that… Full Article
v Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
v Court Upholds Restitution Order Against Convicted Fraudster By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,… Full Article
v Governor Approves Increase in Reemployment Plan Cost By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 Alaska Gov. Mike Dunleavy signed a bill increasing the cap on payments for reemployment plans by 66.5%. Alaska law allows injured workers who are not able to return to employment after… Full Article
v Supreme Court Says Employer's Medical Exam Expenses Can't Be Recovered in Lien By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery. Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT,… Full Article
v DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from… Full Article
v AG Sues PBMs Over Opioid Epidemic By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 Mississippi Attorney General Lynn Fitch filed a lawsuit accusing pharmacy benefit managers of contributing to the oversupply of opioids in the state and fueling an illegal secondary market. The complaint filed… Full Article
v Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to… Full Article
v Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No. Full Article
v Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,… Full Article
v Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail… Full Article
v Court Overturns $8.7 Million Jury Verdict Against Vessel Owner By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine… Full Article
v Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper… Full Article
v L&I Fines Roofing Companies $1.27M for Fall Safety Violations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said… Full Article
v Nurse's Benefits Suspended Over Refusal to Attend Evaluation via Telehealth By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld the suspension of an injured nurse’s benefits because she refused to participate in a telehealth evaluation requested by her employer. Case: Novalic v. PeaceHealth, No. 58451-4-II, 07/16/2024, unpublished. Facts: Eldina… Full Article
v Appeals Court Reverses Order Precluding Worker From Making PPD Claims By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability… Full Article
v Court Overturns Jury Award to Flight Attendant for COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on… Full Article
v State Lacks Jurisdiction Over Worker's Injury Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Vermont Supreme Court upheld the summary dismissal of a worker’s claim for benefits for an out-of-state injury. Ian Burnett worked for Home Improvement Co. of Vermont. HIC is a Vermont… Full Article
v Claim Investigation: Tactics, Strategies and Fraud By ww3.workcompcentral.com Published On :: Wed, 23 Mar 2005 16:23:02 -0800 The claims professional is the decision maker with respect to compensability of any claimed injury, and with respect to the benefits that are to be voluntarily paid. These decisions will… Full Article
v Reviewing Medical Reports (3 of 3) By ww3.workcompcentral.com Published On :: Tue, 19 Aug 2014 09:13:22 -0700 This one-hour session will focus on reviewing medical reports from a lay-person perspective. Full Article
v Avoid the Subpoena: Write a Ratable Psych Report By ww3.workcompcentral.com Published On :: Thu, 18 Dec 2014 08:26:05 -0800 In this 60-minute webinar, 10 key components of psychological reports that must be internally consistent will be discussed. Each component will be covered in detail and considered in relation to… Full Article
v Hearing and Lien Representative Fundamentals By ww3.workcompcentral.com Published On :: Tue, 13 Jan 2015 16:06:57 -0800 The California non-attorney Hearing Representative and Lien Representative is required to know how to prepare for and litigate a workers’ compensation case or lien claim before a WCAB Judge. This… Full Article
v Advanced Litigation Skills: Pre-Trial, Discovery and MSC - Part (1/2) By ww3.workcompcentral.com Published On :: Tue, 20 Jan 2015 15:53:09 -0800 Advanced Litigation: Pre-Trial, Discovery and MSC - Part (1/2)… Full Article
v Liens: The View from the Oxnard Board By ww3.workcompcentral.com Published On :: Mon, 26 Jan 2015 15:41:35 -0800 The California Workers' Compensation Appeals Board is moving lien claims to the Oxnard district office to cut down on the amount of claims that have piled up at Los Angeles,… Full Article
v Advanced Impairment Report Design By ww3.workcompcentral.com Published On :: Tue, 03 Mar 2015 14:47:44 -0800 This course is essential for any professional in workers’ compensation who creates, reviews or processes PR-4 Reports or QME/AME Reports. In this informative webinar, the attendee will learn how to… Full Article
v Advanced Litigation Skills: MSC, Trial and Appellate Process - Part (2/2) By ww3.workcompcentral.com Published On :: Tue, 20 Jan 2015 16:30:34 -0800 Advanced Litigation Skills: MSC, Trial and Appellate Process - Part (2/2)… Full Article
v Navigating the UR/IMR System By ww3.workcompcentral.com Published On :: Thu, 19 Feb 2015 12:00:18 -0800 Learn to navigate the treacherous waters of UR / IMR, and get the list of DO's and DO NOT's for Applicants, Defendants and Doctors. Full Article
v CLRA: Advanced Lien Rep Test Assessment By ww3.workcompcentral.com Published On :: Fri, 15 May 2015 10:03:12 -0700 This is a test-only course for the CLRA. All CLRA students must complete this test assessment. Full Article
v Adjuster Certification Overview By ww3.workcompcentral.com Published On :: Thu, 21 May 2015 10:37:54 -0700 The Claims Specialist's QuickStart Guide: Adjuster Certification Process… Full Article