re Court Revives Worker's Claims for FEHA Violation, IIED By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 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… Full Article
re Employer Gets Relief From Default in Dispute Over Comp Premiums By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,… Full Article
re Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 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… Full Article
re Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 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… Full Article
re Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
re WCIRB Posts Report on COVID Claims By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 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… Full Article
re Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California announced that Andrea Coleman will succeed Bill Mudge as president and CEO next year. Andrea Coleman Coleman’s promotion will take effect Feb. 1,… Full Article
re CWCI Reports on Emerging Costs of Migraine Drugs By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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… Full Article
re WCIRB Reports Increase in Average Charged Rates By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
re CAAA Opens Registration for 2025 Winter Convention By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 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… Full Article
re DWC Adopts Medicare Changes to Hospital, ASC Fee Schedule By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The California Division of Workers' Compensation posted an order updating the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule. The division in October posted an… Full Article
re CWCI: Wage Increase Bumps Benefits for 2025 By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 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… Full Article
re CHP Captain Arrested for Alleged Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 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… Full Article
re CWCI: Drop in Opioid Prescriptions More Pronounced in Comp By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 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… Full Article
re Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment… Full Article
re Comp Settlement Doesn't Preclude Civil Suit Against Third Parties By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 The Georgia Court of Appeals ruled that a worker’s settlement of his compensation claim against his employer did not preclude him from pursuing a civil suit against alleged third-party tortfeasors… Full Article
re Contractor Has Immunity From Civil Liability to Injured Worker By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 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. Full Article
re Report: Man Accused of Selling Insurance Without License By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 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… Full Article
re Employer Entitled to Dismissal of Worker's Retaliation Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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,… Full Article
re Tire Maker Fined $271,930 for Fatal Injury By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 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… Full Article
re Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 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… Full Article
re Supreme Court Says Employer Can't Contract to Create Liability for Negligence By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 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… Full Article
re Co-Employee Immunity Requires Both Workers to Be in COE/SOE By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 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… Full Article
re Court of Existing Claims Announces Preliminary Review Docket By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at… Full Article
re Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 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… Full Article
re Rating Bureau, Comp Commission Ready New Websites By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 California’s Workers’ Compensation Insurance Rating Bureau and the Oklahoma Workers’ Compensation Commission on Wednesday announced plans to launch new websites. The Oklahoma Workers’ Compensation Commission announced that it will unveil its… Full Article
re OccMD Names Cheryl Killion Director of Nurse Case Management By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 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… Full Article
re Regulatory Preamble Can Support Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 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… Full Article
re AppliedVR Names Michael Marsau Executive Director, Workers' Compensation By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 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… Full Article
re Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add… Full Article
re Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 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… Full Article
re WCRI Webinar to Cover Trends in Drug Payments By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a 30-minute webinar Aug. 1 to discuss key findings from its study of interstate variation and trends in work comp drug payments. The WCRI… Full Article
re Court Dismisses Employer's Challenge to Review Board Order By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 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… Full Article
re Comp Agencies Report Disruptions From Tech Outage By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The software update that grounded airplanes and disrupted hospitals worldwide Friday also wreaked havoc on workers’ compensation regulators in some states. Officials from Colorado, Connecticut, Illinois, Kansas, Massachusetts, Minnesota, New York,… Full Article
re DOL Says Injunction Protects Against Retaliation By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. Department of Labor said a federal court in Washington state issued an injunction preventing the U.S. Postal Service from retaliation against employees. The department said the injunction was part… Full Article
re Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit… Full Article
re Berkshire Names Marj Hutchings CIO By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Workers’ Compensation Division of Berkshire Hathaway Homestate Cos. appointed Marj Hutchings as its chief information officer. Marj Hutchings Hutchings brings 35 years of technology experience, 27 of which are in… Full Article
re DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk… Full Article
re CMS Updates Set-Aside Reference Guide By ww3.workcompcentral.com Published On :: Mon, 05 Aug 2024 00:00:00 -0700 The U.S. Centers for Medicare and Medicaid Services updated its work comp set-aside reference guide to add expand a section that addresses coordinating benefit payments with other health insurers. CMS on… Full Article
re Travelers Publishes 2024 Injury Impact Report By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,… Full Article
re Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained… Full Article
re Federal Court Creates Circuit Split on Liability for Black Lung Benefits By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed… Full Article
re Group Sets Date for Medical, Comp Fraud Conference By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The National Insurance Crime Bureau has set its Workers’ Compensation and Medical Investigations Conference for Oct. 1-4 in Chicago. The event's goal is to provide training and networking for insurance professionals, including… Full Article
re Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
re CMS Holding Webinar on Reporting Rules By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The U.S. Centers for Medicare and Medicaid Services is holding a reporting webinar Sept. 12. The program will cover best practices and reminders for non-group health plans that are required to… Full Article
re IAIABC Opens Registration for Work Comp Judicial Program By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The International Association of Industrial Accident Boards and Commissions opened registration for its 2024 Judicial Program being held Oct. 29-30. The program, presented by IAIABC with the National Association on Workers’… Full Article
re DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver… Full Article
re CompIQ, Bardavon Launch Automated Referral Process By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with… Full Article
re Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
re WCRI Opens Registration for 2025 Conference By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 The Workers Compensation Research Institute opened registration for its 2025 annual Issues and Research Conference being held March 6-7 in Phoenix. Ramona Tanabe WCRI said it will present findings from its… Full Article