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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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DWC Posts 2025 Health Care Provider Assessment Plan

The Texas Division of Workers’ Compensation will evaluate health care providers on two measures as part of its 2025 performance-based oversight assessment process. The DWC said it will assess providers on…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation

The Appellate Court of Maryland ruled that a jury’s award of temporary total disability benefits was inconsistent with its finding that a worker’s hip condition was not related to her…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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WCIRB Webinar to Cover Geographic Differences in Claims

The Workers’ Compensation Insurance Rating Bureau will present the findings from its latest study on the variation of claim characteristics in different parts of California during a Dec. 4 webinar. Since…




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WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




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Worker Gets 0% Award for Occupational Pneumconiosis

West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi…




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Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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WCD Holding Hearing About Latest AMA Guides

The Alaska Workers' Compensation Division is holding a public meeting Dec. 10 to discuss adopting of the 2024 update to impairment rating guides. Alaska law mandates permanent impairment ratings be assigned…




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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




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L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym

A worker collecting benefits for a back injury is facing fraud charges after he was reportedly observed lifting weights at a gym that exceeded the five-pound restriction his physician imposed,…




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Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site. Case: Guzman-Saquisili v.




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Court Says Damages Award Inadequate

A New York appellate court overturned an award of damages after a defendant’s default in a Labor Law case, finding the award inadequate. Case: Sharif v. Pritam Property Inc., Nos. 2021-09103…




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Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim. Case: Ruiz v. BOP 245…




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CMS Clarifies Use of Non-Submit WCMSAs To Address Future Medical

As a national leader on all components of workers compensation education, WorkCompCentral continues to provide exceptional opportunities to learn about all aspects of work comp law, policy, procedures, and practice.




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Considering Social Barriers to an Injured Workers' Recovery

Join us to review these social barriers to recovery and how we can help injured workers overcome them. We will discuss how “whole person recovery” leads to shorter claim durations,…




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Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety

Join WCC + MTI America for an overview of the latest technologies in our space. Panelists will review new apps and technologies and how they are being used to impact…




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Medicare $1K Penalties, You Ready?

n this session, we will discuss a 15-year-old law that consistently confuses and frustrates responsible reporting entities in our industry.




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Part 1 - PTSD Awareness for Work Comp Professionals

Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part…




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PTSD Part 2 - Advancing PTSD Support for First Responders

In this webinar, panelists delve into the unique challenges faced by first responders battling Post Traumatic Stress Disorder (PTSD) within the workers' compensation system. From understanding the nuances of PTSD…




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Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD

This webinar aims to provide workers’ compensation stakeholders with a comprehensive understanding of the impact of chronicity in chronic pain conditions, traumatic brain injuries (TBI) and Post Traumatic Stress (PTS)…




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Part 2 - Chronicity and Comorbidities: Focus on PTSD

This is our second webinar in our 3-part series on chronicity within the workers’ compensation system, which explores the complex relationship between PTSD and its overlapping comorbid conditions. Chronicity adds…




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Employer Partially Liable for Disability Can Claim Full Social Security Offset

The Supreme Judicial Court of Maine ruled that an employer was entitled to take the full Social Security offset against its obligation for a worker’s benefits even though it was…




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High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury

In a case of first impression, Maine’s highest court ruled that a worker was entitled to an award of specific-loss benefits for the loss of vision in his eye on…




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Carrier Not Entitled to Summary Judgment on Claim for Offset

The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts…




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Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier

The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s…




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Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim

The Alabama Court of Civil Appeals ruled that a circuit court lacked jurisdiction over a worker’s claim for compensation for a work-related injury and that an individual member of the…




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Court Upholds Award of PTD Benefits for Former Walmart Worker

The Utah Court of Appeals upheld the denial of a former Walmart’s worker’s claim for permanent total disability benefits. Darlene Rouse worked for Walmart. She had physical limitations related to a…




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Worker With Long History of Ailments Entitled to Temporary Disability Benefits

The Utah Court of Appeals upheld a determination that a worker with a long history of health issues was entitled to temporary disability benefits for a closed period after an…




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Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award

A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung…




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Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls

The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more…




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Department Can Order Reimbursement of Witness Fees

The Wyoming Supreme Court ruled that the state's Workers’ Compensation Division has the authority to order reimbursement of an employee’s reasonably incurred medical expert witness fees. Case: Leal v. State ex…




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High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress

The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his…




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Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating

The North Carolina Court of Appeals ruled that a worker could proceed with a civil suit against her employer stemming from an attack by a co-worker and multiple members of…




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Court Says Injured Worker Not Entitled to Participate in Vocational Rehab

An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No.  22AP-667, 06/11/2024, published. Facts and procedural…




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Court Overturns VSSR Award for Worker With Chemical Burns

An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel…




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Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation

An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:…




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Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer

An Ohio appellate court upheld the summary dismissal of a worker’s intentional tort claim accusing his employer of allegedly causing his accident by removing the safety feet from the ladder…




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Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award

A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim…




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Court Clarifies Extent to Which Partial Amputation Results in Total Loss

An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of…




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Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident

An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry…




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Court Didn't Abuse Discretion in Denying Sanctions Without Hearing

A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic…




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BWC Awards $9.4M in Grants for Safety Projects

The Ohio Bureau of Workers’ Compensation awarded $9.4 million in grants for workplace safety projects. The Workforce Safety Innovation Grants disbursed this year are funding four proof-of-concept projects and four prototype…