or Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in… Full Article
or Labor Department Hiring Attorney By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff… Full Article
or Labor Department: Electronic Medical Records Update Includes Penalty By ww3.workcompcentral.com Published On :: Mon, 01 Jul 2024 00:00:00 -0700 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… Full Article
or DLI Opens Registration for Mandatory QRC, Vendor Update By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry opened registration for a mandatory rehabilitation provider update webinar being held Sept. 13. The webinar will cover topics including a department update, legislative and rule… Full Article
or Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 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… Full Article
or Registration for Work Comp Summit Opens Monday By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update… Full Article
or Supervisor Gets Summary Judgment Dismissing Civil Suit Over Motor Vehicle Accident By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep… Full Article
or Pinnacol Urges Vigilance for Vehicle Safety By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 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… Full Article
or Governor Approves Benefit Increase By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 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… Full Article
or Doctor May Consider All Relevant Body Parts in Assessing MMI By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 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… Full Article
or Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
or Research Group Releases Report on Access to Care By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 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… Full Article
or Public School Employer Has Immunity from Civil Liability for Retaliatory Discharge Claim By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,… Full Article
or Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure… Full Article
or DWC Seeks Comments on Proposed Changes to Report Forms By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 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,… Full Article
or Temp Worker Can't Maintain Tort Suit Against Employer's Client By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,… Full Article
or Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 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… Full Article
or Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
or No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
or TDI Posts Updates on Office Closures Due to Storm By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 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… Full Article
or Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution… Full Article
or Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 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,… Full Article
or Division Announces Dates for Quarterly Stakeholder Meetings By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 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,… Full Article
or DWC Seeks Comments for Routine Rule Review By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is… Full Article
or Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 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… Full Article
or Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In… Full Article
or Employer's Alleged Administrative Violations Don't Foreclose Exclusivity Defense By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered… Full Article
or DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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… Full Article
or Registration Opens for Comp Conference By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation opened registration for its Workers’ Compensation Conference being held virtually in October. The conference will feature sessions covering topics that include artificial intelligence, average weekly… Full Article
or DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 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… Full Article
or DWC Updates Employer Forms, Changes Rule Title By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 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… Full Article
or DWC Sets Treating Doctor Webinar By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a… Full Article
or Most Carriers Score Average or Better in 2024 PBO By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 All but four of the 130 insurance carriers that the Texas Division of Workers' Compensation evaluated through its performance-based oversight assessment scored average or better. The division on Thursday reported that… Full Article
or Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
or Court Upholds Restitution Order Against Convicted Fraudster By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Alaska Court of Appeals upheld the restitution order against a convicted workers’ compensation fraudster. Scott Abraham Groom was convicted of taking more than $10,000 in state funds by “false or fraudulent pretense,… Full Article
or Governor Approves Increase in Reemployment Plan Cost By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 Alaska Gov. Mike Dunleavy signed a bill increasing the cap on payments for reemployment plans by 66.5%. Alaska law allows injured workers who are not able to return to employment after… Full Article
or Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to… Full Article
or Claimant Confusion Leads to Lawsuits Against Comp Attorney By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker… Full Article
or Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
or Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No. Full Article
or Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,… Full Article
or Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail… Full Article
or Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper… Full Article
or Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State… Full Article
or Report: DOE Awards New Contract for Hanford Comp Claims By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City… Full Article
or Court Publishes Decision Upholding $1.7 Million Judgment for Misclassification By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 The Washington Court of Appeals has granted a motion by the Department of Labor and Industries to order the publication of a decision that upheld a $1.7 million judgment against… Full Article
or Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of… Full Article
or L&I Fines Roofing Companies $1.27M for Fall Safety Violations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined four roofing companies a combined $1.27 million for allowing people to work on top of homes without fall protection gear. L&I said… Full Article
or Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed… Full Article
or L&I Fines Wildlife Department for Worker Death By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined the state wildlife department $200,400 for two incidents that killed one worker and hospitalized another. Mary Valentine, a 48-year-old Department of Fish… Full Article