or Bill Would Limit Employment Protections for Medical Cannabis Users By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick… Full Article
or Court Upholds Modification of Worker's Benefits for Specific Loss By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v. Full Article
or Injured Worker May Not Set Aside Settlement With Employer By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),… Full Article
or Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of… Full Article
or Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No. Full Article
or Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D. Full Article
or Court Upholds Dismissal of Carrier's Suit Against Claims Administrator, Former Counsel By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid… Full Article
or Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City… Full Article
or Pension Offset Not Available When Retiree Gets Hurt After Returning to Work By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an… Full Article
or Department Accepting Requests for Assessment Refund Through Feb. 24 By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Pennsylvania Insurance Department announced that it will accept requests for refunds of 2009 work comp security fund assessments through Feb. 24. A provision in the budget bill lawmakers passed this… Full Article
or Court Upholds Modification of Worker's Status to Partially Disabled By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural… Full Article
or Court Upholds Worker's Award but Remands for Judge to Describe Compensable Injuries By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award to an injured worker but sent the case back to the judge to provide a more specific description of the compensable conditions. Case:… Full Article
or Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a finding that a worker sustained a compensable aggravation of his preexisting lumbar spine degenerative disease and lumbar radiculopathy. Case: Chester Water Authority v. Swiggett,… Full Article
or Court Upholds Employer's Entitlement to Terminate Worker's Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,… Full Article
or Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The… Full Article
or Railway Worker Fails to Prove Ear Injury, Hearing Loss By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652… Full Article
or Court Upholds UR Determination That Worker's Treatments Weren't Necessary By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He… Full Article
or Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc. Full Article
or Goldberg Segalla Adds Attorney in Philadelphia By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and… Full Article
or Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for… Full Article
or Direct Deposit, PTSD Measures Head to Governor By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 Pennsylvania lawmakers sent Gov. Josh Shapiro bills that would make direct deposit the default way to pay work comp benefits and make it easier for first responders to receive benefits… Full Article
or Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a… Full Article
or Second Injury Fund Not Liable for Worker's PTD By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked… Full Article
or Court Reinstates Jury Verdict for Worker on Discrimination Claims By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales… Full Article
or No Benefits for Worker Allegedly Injured in Stairwell Mishap By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez… Full Article
or Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as… Full Article
or Worker Can't Proceed With Civil Suit Against Statutory Employer By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,… Full Article
or Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of… Full Article
or High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and… Full Article
or Goldberg Segalla Adds to Orange County, San Francisco Offices By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg joined the firm’s San Francisco practice group,… Full Article
or Senate Passes Bill to Prolong Electronic Payment Authorization By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass… Full Article
or Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The California Assembly Appropriations Committee passed bills that would create a presumption that heat injuries are compensable for agricultural workers and would expose employers to penalties for denying injured workers’… Full Article
or CHP Arrests Former Officer for Suspected Fraud By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The California Highway Patrol announced that a former officer was arrested Tuesday on suspicion of workers’ compensation fraud. Jordan Lester, 44, filed a work comp claim in July 2021 and was… Full Article
or Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity' By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended… Full Article
or Cal/OSHA Hires More Investigators By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 California's Division of Occupational Safety and Health, commonly known as Cal/OSHA, has increased staffing in its Bureau of Investigations Unit to take on more probes into serious workplace injuries across the… Full Article
or Bill to Mandate In-State Licensing for UR Docs Returns By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 A bill that would require some doctors performing utilization review to be licensed in the state was brought back to life after spending roughly a year on the California Assembly’s… Full Article
or CWCI Publishes Report on Average Benefit Payments By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years… Full Article
or Legislature Passes Farmworker Heat Injury Bill By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers… Full Article
or WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked… Full Article
or Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended… Full Article
or Assembly Passes State Licensing Requirement for UR Docs By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,… Full Article
or Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 California lawmakers closed out the 2024 legislative session by passing a bill that would allow electronic signatures on all work comp documents, and a bill requiring that doctors who do utilization review on claims… Full Article
or Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP… Full Article
or WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former… Full Article
or CCWC Opens Registration for 21st Annual Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The California Coalition on Workers’ Compensation opened registration for its 21st annual Conference, Legislative and Educational Forum. The three-day event will feature four general sessions and 15 breakout discussions about issues… Full Article
or Safety Regulators Remind Employers to Protect Workers From Smoke By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill… Full Article
or Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California… Full Article
or CalChamber Urges Veto of Ag Worker Heat Injury Presumption By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered… Full Article
or Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:… Full Article
or DWC Opens Registration for 32nd Annual Educational Conference By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation opened registration for its 32nd annual Educational Conference that will be held in March. The conference is the largest work comp training event in the… Full Article