The West Virginia Supreme Court clarified the proper method for apportioning preexisting impairments that have been definitely ascertained and impact multiple body parts. Case: Logan-Mingo Area Mental Health Inc. v. Lester,…

The West Virginia Supreme Court upheld an award of benefits for a janitor who contracted Legionnaires’ disease. Case: Scottish Rite Bodies of Charleston v. Weese, No. 22-0427, 06/10/2024, published. Facts: Thomas W. Weese worked…

The West Virginia Supreme Court ruled that a former coal miner was entitled to an increased impairment award for the worsening of his occupational pneumoconiosis, even though he had undergone…

A divided West Virginia Supreme Court ruled that the doctrine of collateral estoppel did not bar a worker who failed to prove his occupational disease claim from seeking a civil…

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…

The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for…

The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…

The National Council on Compensation Insurance filed with the West Virginia Office of the Insurance Commissioner a proposed workers’ compensation loss cost decrease of 9.1%, effective Jan. 1. If approved, the…

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…

The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed…

A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,…

The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…

The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…

The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining…

West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice…

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No.

The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,…

The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins…

The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a…

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,…

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…

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…

The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker…

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…

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…

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…

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…

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…

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…

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…

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…

The Texas Division of Workers’ Compensation on Friday proposed rules for designated doctor procedures and requirements for lifetime income benefits to implement House Bill 2468. HB 2468, which was enacted in…

The Texas Division of Workers’ Compensation seeks public comment on changes to a trio of report forms. The division said it has updated the following forms to conform to the agency’s standards,…

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…

The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the…

The Texas Division of Workers’ Compensation announced the adoption of new and revised rules governing dispute resolutions, settlements and commutations. The DWC said it eliminated regulatory references to penalties for certain…

The Texas Department of Insurance said it closed seven Division of Workers’ Compensation field offices along the Gulf Coast in response to Hurricane Beryl. The department said it closed both field…

The Texas Division of Workers’ Compensation seeks public comments on draft rules that would allow doctors to use telemedicine to perform maximum medical improvement examinations. “For example, when a treating doctor treats…

A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,…

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…

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,…

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…

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,…

The National Council on Compensation Insurance filed a proposed Texas-specific experience rating plan. NCCI said the new edition of its Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance…

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…

The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics…

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…

The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to…

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…