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Newsom Rejects In-State Licensing for UR Docs, Raises for Fraud Investigators

California Gov. Gavin Newsom vetoed bills that would have required some utilization review doctors to be licensed in the state and would have increased salaries for fraud investigators at the…




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Pacific Workers' Law Adds Yuvanna M. Davis to Firm

Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and…




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Governor Signs Electronic Signature Bill

California Gov. Gavin Newsom signed a bill allowing electronic signatures in the state’s workers’ compensation system. Newsom on Sunday signed AB 2337, by Assemblymember Diane Dixon, R-Newport Beach. As introduced, the…




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Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




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Court Revives Worker's Claims for FEHA Violation, IIED

A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…




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Governor Vetoes 4850 Time for Rangers

California Gov. Gavin Newsom vetoed over potential cost concerns a bill that would have allowed county and special district park rangers to receive full-pay salary continuation benefits in lieu of…




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WCIS Upgrade Slated for October

The California Division of Workers’ Compensation announced that its Workers’ Compensation Information System will undergo an upgrade in October. The division said WCIS will receive an internal system update and secure…




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Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services

For the second time, the U.S. 9th Circuit Court of Appeals said a Southern California judge failed to consider the fair market value of services provided in ordering restitution or…




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Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption

California Gov. Gavin Newsom enacted legislation allowing carriers to continue using prepaid debit cards for payment of temporary and permanent disability benefits. At the same time, the governor vetoed a bill…




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Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…




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WCIRB Posts Report on COVID Claims

About 15% of COVID-19 claims with medical payments involved treatment for long COVID symptoms, the Workers’ Compensation Insurance Rating Bureau of California reported. More than one in seven COVID-19 claims filed…




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CWCI Reports on Emerging Costs of Migraine Drugs

The California Workers’ Compensation Institute reported that a nearly eightfold increase in migraine drug prescriptions coincided with the emergence of several high-cost drugs that are not included in the formulary. “Although…




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Cal/OSHA Cites Farm Labor Contractor for Heat Violations

The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in…




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WCIRB Reports Increase in Average Charged Rates

Average charged rates increased in the first six months of 2024, suggesting recent rate declines are flattening, the Workers’ Compensation Insurance Rating Bureau of California said in its latest quarterly…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…




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CAAA Opens Registration for 2025 Winter Convention

The California Applicants’ Attorneys Association opened registration for its annual winter convention, which will be held in Las Vegas Jan. 23-26. Panelists speaking during the conference will cover a variety of…




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CWCI: Wage Increase Bumps Benefits for 2025

The California Workers' Compensation Institute said certain benefits will increase by about 3.8% next year because of an increase in the state's average weekly wage. The average wage in California increased…




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CHP Captain Arrested for Alleged Comp Fraud

The California Highway Patrol announced that a former captain was arrested on suspicion of workers' compensation insurance fraud and theft. Matthew Stover, 51, was arrested without incident in Folsom Thursday on…




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CWCI: Drop in Opioid Prescriptions More Pronounced in Comp

Declines in opioid use among injured workers exceeded the decline among the overall population from 2017 to 2023, the California Workers' Compensation Institute reports. CWCI said data from the state's Controlled…




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DWC Announces TTD Rates for 2025

The California Division of Workers’ Compensation announced that the minimum and maximum temporary total disability rates are increasing Jan. 1. The minimum TTD rate will increase to $252.03 per week from…




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Insolvency Pool Can't Collect From Carrier for Staffing Service's Client

The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing…




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Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




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Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




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Report: Man Accused of Selling Insurance Without License

The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,…




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Employer Faces Civil Liability for Fatal Shooting

The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp.




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Tire Maker Fined $271,930 for Fatal Injury

Federal workplace safety inspectors fined a tire maker in Georgia $271,930 for safety violations allegedly uncovered during the investigation of a fatal accident. Steven Brookins, 57, died April 10 at a…




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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




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Governor Approves Legacy Court, Mental Health Bills

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical…




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Co-Employee Immunity Requires Both Workers to Be in COE/SOE

A divided Oklahoma Supreme Court ruled that an employee who injures a colleague must be acting within the course and scope of employment when the incident occurs to receive the…




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Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims

A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis…




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WCC Provides Contact Info for New Legacy Court

The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin…




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Comp Commission Updates CEC Contact Information

The Oklahoma Workers’ Compensation Commission announced personnel updates and changes in contact information within the Court of Existing Claims. The commission said Katrina Stephenson, who will become judicial liaison and order…




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Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation

The Arkansas Court of Appeals upheld a determination that a worker was entitled to additional treatment for a foot injury, as well as the Workers’ Compensation Commission’s calculation of her…




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Court Says Worker's Lies Don't Forfeit Entitlement to Benefits

The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical…




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No Permanent Total Disability Benefits for Worker Who Lost Eye

The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,…




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DOL Sets Benefit-Assistance Events for Black Lung Disease Cases

The U.S. Department of Labor's federal Black Lung Program has set outreach events for current and former coal miners with disabilities related to black lung disease in Indiana, Illinois and Kentucky. Miners' families and…




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Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…




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OccMD Names Cheryl Killion Director of Nurse Case Management

Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case…




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Regulatory Preamble Can Support Award of Black Lung Benefits

A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran…




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AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




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Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.




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Court Upholds Worker's Convictions for Embezzlement, Workers' Compensation Fraud

A federal appellate court upheld a worker’s convictions and sentence to embezzlement and workers’ compensation fraud. Case: U.S. v. Holmes, No. 23-4700, 06/21/2024, unpublished. Facts and procedural history: Federal prosecutors in South…




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DOL Proposes Indoor, Outdoor Heat Safety Rules

The U.S. Department of Labor released a proposed rule that would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive…




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Court Overturns Black Lung Award, Clarifies Burden of Proof for Legal Pneumoconiosis Claims

A divided federal appellate court overturned an award of black lung benefits to a coal miner based on an administrative law judge’s misapplication of the burden of proof for a legal…




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DOL Session to Discuss Benefits for Nuclear Weapons Workers

The U.S. Department of Labor will host an informational session in Lisle, Illinois, to discuss benefits available under the Energy Employees Occupational Illness Compensation Act. The program provides lump-sum payments and…




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Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits

A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially…




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Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays

Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according…




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Court Dismisses Employer's Challenge to Review Board Order

The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under…