ar Worker Struck by Forklift Gets Additional PPD Award By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. Full Article
ar Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
ar Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
ar Court Upholds 1% PPD Award for Worker With Knee Injury By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville… Full Article
ar Widow of Worker With Leukemia Gets Award of Death Benefits By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc. Full Article
ar Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an… Full Article
ar Supreme Court Upholds Award of Occupational Disease Death Benefits By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A. Full Article
ar Supreme Court Upholds Increase in Worker's PPD Award By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie… Full Article
ar Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v. Full Article
ar Worker Not Entitled to Increased PPD Award By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award. Case: Alban v. West Virginia Division of… Full Article
ar Health Care Worker Gets 0% Award for Injuries By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,… Full Article
ar Court Upholds Worker's 1% PPD Award for Knee Injury By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas… Full Article
ar No Increase in Worker's PPD Award for Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Lucey v. Murray… Full Article
ar Department Releases Training Video By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry's Compliance, Records and Training (CRT) unit has created a new training video to assist administrators who file denials of primary liability. The video provides information about: The… Full Article
ar Labor Department Hiring Attorney By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff… Full Article
ar Federal Court Upholds Summary Dismissal of Mechanic's Disability Discrimination Claim By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked… Full Article
ar Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating… Full Article
ar 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
ar 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
ar 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
ar Research Group Releases Report on Access to Care By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Texas Workers' Compensation Research and Evaluation Group released a new report on access to care in the Lone Star State's workers' compensation system between 2017 and 2022. This report measures the availability… Full Article
ar 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
ar 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
ar Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure… Full Article
ar 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
ar Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
ar 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
ar ICT Sets Webinar on Social Media in Claims Resolution By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development… Full Article
ar 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
ar DWC Posts Proposed 2025 Research Agenda By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted for public comment a copy of the proposed 2025 agenda for its Workers’ Compensation Research and Evaluation Group. The group is proposing three projects… Full Article
ar 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
ar DWC Lowers Fourth-Quarter Discount Rate By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that the discount interest rate will drop by more than a full percentage point during the final fiscal quarter. The division said any interest… Full Article
ar DWC Sets Treating Doctor Webinar By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a… Full Article
ar DWC Adopts Research Agenda By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Texas Division of Workers' Compensation on Wednesday announced that it adopted the 2025 agenda for its Workers' Compensation Research and Evaluation Group. The research group will study the feasibility and… Full Article
ar 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
ar Court Dismisses Carrier's Challenge to Compensability Finding By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual… Full Article
ar 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
ar 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
ar 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
ar Report: DOE Awards New Contract for Hanford Comp Claims By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City… Full Article
ar Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of… Full Article
ar L&I Fines Wildlife Department for Worker Death By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined the state wildlife department $200,400 for two incidents that killed one worker and hospitalized another. Mary Valentine, a 48-year-old Department of Fish… Full Article
ar 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
ar Cabinet Maker Fined $187,000 for Refusing to Abate Hazards By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined a cabinet maker $187,000 after finding that the company did not fix safety violations that led to similar citations in 2019. L&I… Full Article
ar Claims School Seminar to Explore Return to Work, Case Law and IMEs By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 Workers’ compensation defense firm Reinisch Wilson Weier is holding a one-day educational seminar in November that will cover case law affecting the Washington state workers’ compensation system, the independent medical… Full Article
ar Property Owner Not Entitled to Summary Dismissal of Suit By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 The Washington Court of Appeals ruled that a property owner was not entitled to summary judgment dismissing a civil suit brought by an injured employee of a contractor hired to… Full Article
ar Almaraz/Guzman: Past, Present & Future (2 of 3) By ww3.workcompcentral.com Published On :: Tue, 19 Aug 2014 09:04:51 -0700 This one-hour session will provide an overview and analysis of recent case law focused on Almaraz/Guzman ratings. Full Article
ar 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
ar 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
ar 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