es 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
es High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts… Full Article
es 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
es 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
es DWS Proposes 12% Rate Cut By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Wyoming Department of Workforce Services proposed a 12% reduction in workers’ compensation base rates for 2025. The department said the rate cut is possible in part because of House Bill… Full Article
es 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
es No Additional Benefits for Worker's Knee Issues, Psychological Conditions By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v. Full Article
es Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
es Exposure Testing Law for Air Ambulance Workers Takes Effect By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov. Full Article
es BWC: 7% Rate Cut for Private Employers Takes Effect By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation said a 7% rate cut for private employers took effect Monday. The 7% rate cut, which the BWC said would save employers about $67 million,… Full Article
es 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
es 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
es 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
es Widow Timely Files Asbestos-Related Occupational Disease Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure… Full Article
es BWC Rules Up for Review By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that a handful of rules are up for review. The BWC said its claims procedure rules in Chamber 4123-3, as well as the miscellaneous… Full Article
es Business Owner Pleads Guilty to Workers' Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received… Full Article
es Worker's Fraud Results in Award Declared Overpayment By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for… Full Article
es No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
es BWC Announces $30M in Safety Grants By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 The Ohio Bureau of Workers' Compensation announced it is offering up to $30 million in funding for safety grants to support research and development of equipment and technology to protect… Full Article
es Mediation Process for Comp Claims Not Mandatory By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,… Full Article
es Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for… Full Article
es KEMI Announces $19.1 Million Dividend By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 Kentucky Employers’ Mutual Insurance on Monday announced a $19.1 million dividend. The workers’ compensation carrier said more than 12,000 policyholders will receive a 20% dividend when checks are distributed in August. “Our… Full Article
es Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
es Insurance Department Announces 8.4% Loss Cost Reduction By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon… Full Article
es AWW Calculation Includes Lump-Sum Vacation Pay By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the calculation of a worker’s average weekly wage that includes a lump sum of vacation pay with her wages, and it denied review of the… Full Article
es Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
es Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
es DLI Rules Would Authorize Max Penalty for Misclassification By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing… Full Article
es Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
es Governor Approves Pay Raise for Doctors Treating First Responders By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice… Full Article
es Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability… Full Article
es DWC Publishes Fee Schedule By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Florida Division of Workers’ Compensation published the state's 2024 medical fee schedule. The schedule of maximum reimbursement allowances for physician and nonhospital services takes effect Jan. 1. The fee schedule is… Full Article
es Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and… Full Article
es Cashier Shot During Robbery Leads to OSHA Fines for Circle K By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men… Full Article
es CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first… Full Article
es OSHA Cites Contractors for Fatal Fall By ww3.workcompcentral.com Published On :: Fri, 01 Nov 2024 00:00:00 -0700 The federal Occupational Safety and Health Administration cited two contractors that it said could have prevented a fatal accident if they followed workplace safety rules. Jorge De La Torre, 27, died… Full Article
es House Passes Amended MDMA Therapy Bill for First Responders By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House… Full Article
es Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
es Worker's Request for Hearing Dismissed as Untimely By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier… Full Article
es ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due… Full Article
es Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a… Full Article
es ICA Names New Safety and Health Program Manager By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Industrial Commission of Arizona announced that Joanna Martelles was chosen to serve in the newly created position of Safety and Health Program manager. The new position will be tasked with… Full Article
es Industrial Commission Announces New Training Opportunities By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Arizona Industrial Commission announced that it's Medical Resource Office has added training opportunities for providers, payers and third-party administrators. The training course for providers is comprised of four, 30-minute webinars… Full Article
es Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America… Full Article
es LASIE Seminar to Cover Basic Principles of Medical Injuries By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Louisiana Association of Self Insured Employers is holding a one-day seminar covering the basic principles of medical injuries commonly seen in workers’ compensation. The seminar will cover how to review… Full Article
es Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell… Full Article
es Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence… Full Article
es Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro… Full Article
es Appeals Court Partially Reverses Employer's Win By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment… Full Article
es Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article