ar Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 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:… Full Article
ar DWC Posts 2025 Health Care Provider Assessment Plan By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 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… Full Article
ar Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim By ww3.workcompcentral.com Published On :: Mon, 04 Nov 2024 00:00:00 -0800 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. Full Article
ar Judge Grants Summary Judgment to Worker Struck by Falling Panel By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 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… Full Article
ar Court Tosses Jury's TTD Award as Inconsistent With Finding of No Causal Causation By ww3.workcompcentral.com Published On :: Tue, 05 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 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. Full Article
ar WCIRB Webinar to Cover Geographic Differences in Claims By ww3.workcompcentral.com Published On :: Wed, 06 Nov 2024 00:00:00 -0800 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… Full Article
ar WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker Gets 0% Award for Occupational Pneumconiosis By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
ar Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
ar Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall By ww3.workcompcentral.com Published On :: Thu, 07 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 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… Full Article
ar State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 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… Full Article
ar WCD Holding Hearing About Latest AMA Guides By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 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… Full Article
ar Court Overturns Grant of Summary Judgment for Labor Law Defendant By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 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,… Full Article
ar L&I: Felony Charges Filed After Claimant Seen Lifting Weights at Gym By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 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,… Full Article
ar Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 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. Full Article
ar Court Says Damages Award Inadequate By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 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… Full Article
ar Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim By ww3.workcompcentral.com Published On :: Wed, 13 Nov 2024 00:00:00 -0800 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… Full Article
ar CMS Clarifies Use of Non-Submit WCMSAs To Address Future Medical By ww3.workcompcentral.com Published On :: Tue, 29 Mar 2022 08:33:30 -0700 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. Full Article
ar Considering Social Barriers to an Injured Workers' Recovery By ww3.workcompcentral.com Published On :: Thu, 18 Aug 2022 08:26:26 -0700 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,… Full Article
ar Innovative Tech Trends in Workers' Compensation, Managed Care, & Safety By ww3.workcompcentral.com Published On :: Thu, 13 Oct 2022 14:36:33 -0700 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… Full Article
ar Medicare $1K Penalties, You Ready? By ww3.workcompcentral.com Published On :: Tue, 08 Nov 2022 14:26:45 -0800 n this session, we will discuss a 15-year-old law that consistently confuses and frustrates responsible reporting entities in our industry. Full Article
ar Part 1 - PTSD Awareness for Work Comp Professionals By ww3.workcompcentral.com Published On :: Mon, 06 May 2024 08:09:12 -0700 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… Full Article
ar PTSD Part 2 - Advancing PTSD Support for First Responders By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 23:28:49 -0700 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… Full Article
ar Part 1 of 3-Part Series on Chronicity in WC Understanding Chronicity in TBI and PTSD By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 08:27:53 -0700 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)… Full Article
ar Part 2 - Chronicity and Comorbidities: Focus on PTSD By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 09:59:57 -0700 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… Full Article
ar Employer Partially Liable for Disability Can Claim Full Social Security Offset By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 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… Full Article
ar High Court Clarifies Date Worker Became Entitled to Specific-Loss Benefits for Eye Injury By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 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… Full Article
ar Carrier Not Entitled to Summary Judgment on Claim for Offset By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 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… Full Article
ar Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 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… Full Article
ar Court Voids Award to Worker for Burn Injury, Vacates Award on Wage Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
ar Court Upholds Award of PTD Benefits for Former Walmart Worker By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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… Full Article
ar Worker With Long History of Ailments Entitled to Temporary Disability Benefits By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 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… Full Article
ar Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
ar Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 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… Full Article
ar Department Can Order Reimbursement of Witness Fees By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 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… Full Article
ar High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 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… Full Article
ar Exclusivity Doesn't Shield Employer From Suit Over Parking Lot Beating By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 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… Full Article
ar Court Says Injured Worker Not Entitled to Participate in Vocational Rehab By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 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… Full Article
ar Court Overturns VSSR Award for Worker With Chemical Burns By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 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… Full Article
ar Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 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:… Full Article
ar Court Upholds Summary Dismissal of Worker's Intentional Tort Claim Against Employer By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article
ar Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 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… Full Article
ar Court Clarifies Extent to Which Partial Amputation Results in Total Loss By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 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… Full Article
ar Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 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… Full Article
ar Court Didn't Abuse Discretion in Denying Sanctions Without Hearing By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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… Full Article
ar BWC Awards $9.4M in Grants for Safety Projects By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 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… Full Article