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Work Comp Matters - Episode 111: Don't Touch Me There

This week on Work Comp Matters, your hosts get really touchy-feely and talk about Joe Biden, Christine Baker, Dr. Bruce Fishman, Puerto Rico and PG&E. Plus additional news, talk and…




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Work Comp Matters - Episode 112: NO DEAL

This week on Work Comp Matters, Steve, Mark, Mike and Robert talk about the college bribery admissions scandal in addition to United States attorney general bar’s testimony before Congress. And…




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Work Comp Matters - Episode 113: I Want to be a Lawyer

This week on Work Comp Matters, Steve, Mark, Robert and Mike talk about Kim Kardashian West and her desire to become a lawyer. Also, the topics of discussion include all…




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Work Comp Matters - Episode 114: Revenge Politics

This week on Work Comp Matters, Steve, Mark Reed, Robert and Mike talk about the Measles and the anti-vaccine, Police use of force, State Compensation Insurance Fund Utilization Review, and…




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Work Comp Matters - Episode 115: Call Me Dr. Slutzker

This week on Work Comp matters, Steve cries out for help from Dr. Michael Slutzker to give him a call regarding one of his patients who is also Steve's client.




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Work Comp Matters - Episode 116: Uber / Lyft

This week on Work Comp Matters, Steve and the guys talk about relevant issues for your employees, employers and independent contractors. In addition to the new Uber IPO and the…




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Work Comp Matters - Episode 117: The Show

This week on Work Comp Matters, Steve, Marc, Mike and Ted talk about Gavin Newsom and the new budget, as well as the new worker's compensation case regarding catastrophic injuries.




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A Practical Approach to Using the MTUS & Formulary Wisely to Avoid Treatment Denials

Whether you are an employer, claims examiner, medical provider or attorney, this program will provide you with a clear understanding and practical approach of how the MTUS and Formulary to…




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Work Comp Matters - Episode 118: Memorial Day

This week on Work Comp Matters, Steve is celebrating his birthday in Las Vegas. Therefore, it’s up to Robert Mike and Marc to discuss the warriors who gave the ultimate…




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Work Comp Matters - Episode 119: Magic Mushrooms

This week on Work Comp Matters, Charles Rondeau of The Rondeau Law Firm called in for the first five minutes to talk about the appeal he filed in the District…




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Work Comp Matters - Episode 120: Quest Diagnostics

This week on Work Comp Matters, Steve and the guys talk about the Quest Diagnostic data breach that affects almost 12,000,000 people. Additionally, the guys report on the Work Comp…




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Seasonal Worker Payroll Threshold Increases 3.9%

The Texas Division of Workers' Compensation announced that the gross annual payroll requirements for coverage of seasonal workers will increase 3.9% next year. Seasonal workers for agricultural companies with annual gross…




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Driver's Widow Gets Award for His Death from COVID-19

A New York appellate court upheld an award of benefits to the widow of a worker who died from COVID-19. Case: Miller v. Transdev Bus on Demand LLC, No. CV-23-0661, 10/10/2024,…




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Supreme Court Upholds Dismissal of Worker's Civil Suit Against Employer

The Idaho Supreme Court upheld the summary dismissal of an injured worker’s civil suit against his employer based on his injuries from a piece of farm equipment his employer had…




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Worker Failed to Prove Injuries from Alleged Assault by Colleague

A New York appellate court ruled that a worker was not entitled to benefits for injuries from an alleged assault by a coworker. Case: Matter of Lebeau v. Meet Caregivers Inc.,…




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Worker Failed to Link Fall at Home to Prior Work-Related Ankle Injury

A New York appellate court ruled that a worker failed to establish her injuries from a fall at home were related to an ankle injury from an on-the-job accident which…




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Injured Worker Failed to Prove Extreme Hardship Warranting Reclassification

A New York appellate court upheld the denial of a worker’s request for an extreme hardship redetermination. Case: Matter of Brown v. Plans Plus Ltd., No. CV-23-0250, 10/10/2024, published. Facts and procedural…




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Court Awards Worker Benefits for Back Injury, Authorizes MRI

West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to benefits for a back injury, and that he was entitled to a magnetic resonance imaging…




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Expansion of Worker's Claim to Include Depression Didn't Increase His Loss of Earning Capacity

A New York appellate court upheld a determination that an injured worker was not entitled to an increase in his loss of wage-earning capacity after his claim was expanded to…




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Injured Workers Can't Back Out of Settlement Agreement on Carrier's Lien

The Missouri Court of Appeals ruled that two injured workers could not back out of a settlement agreement they entered with their employer’s insurance carrier to satisfy the carrier’s subrogation…




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WCS Opens Registration for Training Webinars

The Nevada Workers’ Compensation Section opened registration for free online training classes that will be held in January. The WCS is holding a basic orientation session Jan. 8 that will cover…




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Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19,…




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Court Upholds Award for Worker's Elbow Injury from Fall

West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts:…




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Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica…




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Governor Appoints Three to CHSWC

California Gov. Gavin Newsom appointed three new members to the Commission on Health and Safety and Workers’ Compensation. Gov. Gavin Newsom The governor appointed Jen Hamelin and Kristi Montoya to represent…




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Court Upholds Finding of Compensability for Worker's Back Injury

West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked…




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Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case:…




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Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760.




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Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental…




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DOL Reports Decline in Workplace Fatality Investigations

The U.S. Department of Labor reported an 11% reduction in workplace fatality investigations in the most recent fiscal year. The 826 worker deaths investigated during the fiscal year that ended June…




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Court Upholds Closure of Worker's Claim, Denial of Request to Add Conditions, for More Treatment

West Virginia’s Intermediate Court of Appeals upheld the closure of a worker’s claim, the denial of his requests for additional treatment and the denial of his request to expand the…




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Judge Grants Summary Judgment to Worker Struck by Falling Panel

A New York appellate court ruled that a worker struck by a falling panel should have been granted summary judgment on his Labor Law claim. Case: Macaulay v. New Line Structures…




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Worker Struck by Pipe Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim. Case: Molina v. 114 Fifth Avenue Associates LLC, No. 156349/16, 10/15/2024, published. Facts: Jose Molina…




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Governor Pitches Privatizing Pinnacol

Colorado Gov. Jared Polis pitched privatizing Pinnacol Assurance in his proposed budget for the fiscal year that starts July 1. The governor’s proposal is the opening salvo in budget negotiations with…




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DWC Adds Attorney Consultation Notice to Workplace Poster

The California Division of Workers’ Compensation updated a poster employers are required to display in the workplace to add language advising people of their right to consult an attorney following…




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Worker's Schedule Loss of Use for Prior Accident Can't Be Deducted from SLU for New Injury

A New York appellate court overturned a decision deducting the schedule loss of use for a worker’s prior shoulder injury from the schedule loss of use for a later arm…




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Court Upholds Denial of Coal Miner's Claim for Injuries from Fall

West Virginia’s Intermediate Court of Appeals upheld the denial of a coal miner’s claim of injury from a fall. Case: Saunders v. ACNR Resources Inc., No. 24-ICA-128, 10/28/2024, published. Facts: Stephen Saunders…




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Worker Who Fell in Elevator Shaft Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment for a worker’s Labor Law claim based on his fall while working in an elevator shaft. Case: De Souza v.




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Grievously Injured Worker Bound by Limitations Period Shortened by Contract He Signed as Teen

A divided Michigan Court of Appeals upheld the dismissal of a tort claim saying the injured worker agreed to a shorter statute of limitations in a contract he signed as…




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High Court Asked to Order WCAB Decide 'Grant for Study' Cases

A petition was filed with the California Supreme Court requesting a writ of mandate directing the Workers’ Compensation Appeals Board to render final decisions on cases in which it granted…




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WCAB Panel Says Orders Taking Matters off Calendar Are Not Final, Ineligible for Reconsideration

Orders taking a matter off calendar are not final orders for the purposes of seeking reconsideration, the California Workers' Compensation Appeals Board said in a what it designated as a…




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Worker Gets 0% Award for Occupational Pneumconiosis

West Virginia’s Intermediate Court of Appeals upheld an award of 0% permanent partial disability for a worker’s occupational pneumoconiosis. Case: Foster v. Kingston Mining Inc., No. 24-ICA-172, 10/28/2024, published. Facts: Nelson Foster…




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Board Applied Wrong Standard of Proof to Social Worker's Claims of Injury from Dog

A New York appellate court ruled that the Workers’ Compensation Board applied the wrong standard of proof to a social worker seeking benefits for physical and psychological injuries from being…




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Court Overturns PTD Award for Pharmacy Worker's Injuries from Fall

A New York appellate court overturned an award of permanent total disability benefits for an injured pharmacy technician. Case: Matter of Thakkar v. Walmart Associates Inc., No. CV-23-0356, 10/24/2024, published. Facts: Purvi…




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Worker Injured Using Makeshift Ladder Gets Summary Judgment on Labor Law Claim

A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his injuries while dismounting a bucket he was using as a makeshift…




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State Insurance Fund Gets Summary Judgment on Claim for Unpaid Premiums

A New York appellate court upheld a grant of summary judgment for the State Insurance Fund on its claim for unpaid workers’ compensation premiums. Case: Commissioners of the State Insurance Fund…




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OSHA Fines Contractor for Exposing Workers to Deadly Falls

The federal Occupational Safety and Health Administration cited a contractor in Crystal Lake, Illinois, for allegedly exposing workers to fall hazards. OSHA said it fined 595 Construction LLC $287,465 for one…




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Worker, 3rd Party Defendant Both Get Partial Summary Judgment in Labor Law Action

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim, and that a third-party defendant should have been granted summary…




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Court Overturns Grant of Summary Judgment for Labor Law Defendant

A New York appellate court ruled that a Labor Law defendant should not have been granted summary judgment dismissing the claim against it. Case: Lopez v. Kamco Services LLC, No. 2022-05176,…




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Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment

West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the…