re Court Rejects Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation procedure. Case: Perilli v. City of Philadelphia (WCAB), No. 1110 C.D. 2023, 08/01/2024, unpublished. Facts:… Full Article
re Supreme Court to Address Exception to Going-and-Coming Rule By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez… Full Article
re Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had… Full Article
re 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
re 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
re Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,… Full Article
re Supreme Court Grants Review of Drug Fee Schedule Dispute By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Pennsylvania Supreme Court has granted review of disagreement over the proper prescription drug fee schedule for resolving workers’ compensation disputes. In January, the Commonwealth Court held that Red Book values… Full Article
re 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
re 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
re 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
re WCRI Webinar to Cover System Trends By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a webinar on Oct. 2 to cover key findings from the latest editions of its CompScope Benchmarks and Medical Benchmarks for Pennsylvania, as… Full Article
re Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected yet another constitutional challenge to the state's new impairment rating evaluation process. Pamela Barrett Walker worked for the City of Philadelphia. She suffered injuries at… Full Article
re Court: WCJ Needs to Revisit Contingency Fee Agreement By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane… Full Article
re Lawmaker Introduces Bill to Address Surviving Spouse Benefits By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 Pennsylvania Rep. Lindsay Powell introduced legislation that would require that the same eligibility standards apply when awarding death benefits to widows and widowers while also exempting spouses of first responders… Full Article
re 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
re Court Continues to Reject Repetitive Constitutional Challenges to IRE Process By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania continues to reject repetitive challenges to the constitutionality of the state's new impairment rating evaluation process. Case: Kittles v. City of Philadelphia (WCAB), No. 1058 C.D. Full Article
re Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),… Full Article
re 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
re House Passes Direct Deposit Bill, Senate Passes PTSD Bill By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 The Pennsylvania General Assembly passed a bill that would make direct deposit the default method for paying workers' compensation benefits, and the Senate signed off on a measure that would make… Full Article
re 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
re 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
re 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
re 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
re Missouri Employers Mutual Rebrands Ahead of Privatization By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to… Full Article
re 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
re 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
re Assembly Passes Measure Extending 4850 Time to Park Rangers By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted… Full Article
re Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 California’s 2nd District Court of Appeals published its July decision finding that the Subsequent Injuries Benefits Trust Fund is required to prove by a preponderance of the evidence that it… Full Article
re 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
re Legislature Passes Bill to Give Park Rangers 4850 Time By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 California lawmakers passed a bill that, if approved by Gov. Gavin Newsom, would allow county park rangers to collect full salary-continuation benefits in lieu of temporary disability for up to… Full Article
re 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
re 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
re 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
re Amendment Expands E-Signature Bill By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Electronic signatures would be allowed for all California workers’ compensation documents, under a recently amended bill. Assemblymember Diane Dixon, R-Newport Beach, last week amended AB 2337 to strike a provision that… Full Article
re 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
re 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
re 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
re 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
re 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
re 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
re 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
re 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
re DWC Reopens San Bernardino District Office By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Tuesday announced that it reopened its district office in San Bernardino, which had been closed since late July to fix an inoperable air conditioner. The… Full Article
re Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A trial court did not abuse its discretion when it reviewed new medical reports finding that a man was unable to return to work and in ordering San Francisco’s retirement system to… Full Article
re 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
re DWC Closing Eureka Virtual Office Oct. 18 By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The California Division of Workers’ Compensation said it is closing a virtual district office in Eureka on Oct. 18 and shifting cases to Santa Rosa. Beginning Oct. 1, all hearing requests… Full Article
re WCIRB Governing Committee Reviews Bills, Rules, Cases at Next Meeting By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The Governing Committee for the Workers’ Compensation Insurance Rating Bureau will review pending legislative, regulatory and judicial actions during a Sept. 25 meeting. Committee members will hear reports on the annual… Full Article
re 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
re Newsom Rejects In-State Licensing for UR Docs, Raises for Fraud Investigators By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 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… Full Article
re Governor Signs Electronic Signature Bill By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 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… Full Article