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Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed

The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that…




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How Cryptographic 'Secret Sharing' Can Keep Information Safe

One safe, five sons and betrayal: this principle shows how shared knowledge can protect secrets—without having to trust anyone




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AI Beats Humans on Unsolved Math Problem

Large language model does better than human mathematicians trying to solve combinatorics problems inspired by the card game Set




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Scientists Destroy Illusion That Coin Toss Flips Are 50–50

Researchers go to great lengths to prove a tiny bias in coin flipping




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How String Theory Solved Math's Monstrous Moonshine Problem

A concept from theoretical physics helped confirm the strange connection between two completely different areas of mathematics




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The Strangely Serious Implications of Math's 'Ham Sandwich Theorem'

A simple solution to gerrymandering crumbles when confronted with math’s ‘ham sandwich theorem’




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Carrier Doesn't Have to Treat Worker as Having 'Combined Condition'

The Oregon Court of Appeals ruled that an insurance carrier did not have to treat a worker as having a combined condition when none of her impairment was related to her compensable…




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Carrier Must Modify Notice of Acceptance Upon Receiving IME Report

The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by…




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Court Overturns Jury's $10 Million Verdict to Worker's Widow

The Oregon Court of Appeals overturned a jury’s $10 million verdict in favor of a worker’s widow for his asbestos exposures. Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished. Facts…




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Comp Division Pitches Changes to Assessment Rules

Oregon's Workers' Compensation Division has posted amendments to rules governing the assessment that supports the state's Workers' Benefit Fund. The proposed changes are as follows: Amended Rule 003 includes the effective date for OAR 436-070,…




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Bluffs of St. Teresa – Ochlockonee Vista Joins Landscapes

The Bluffs of St. Teresa: hike to an overlook on the Ochlockonee River in this linchpin of the Florida Wildlife Corridor.




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Federal Court Reinstates Injured Worker's Civil Suit Against Crane Contractor

A federal appellate court revived an injured worker’s suit against a crane contractor, finding there were triable questions as to whether the crane operator allegedly responsible for his injuries was…




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High Court Suspends Attorney for Nine Months

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…




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Court Overturns Denial of Benefits to Son of Fatal Heart Attack Victim

The Illinois Appellate Court overturned a denial of benefits for the son of a worker who died of a heart attack. Richard Cronk worked for Kimball Hill Homes as a construction manager.




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Worker Gets PTD for Loss of Vision, Additional PPD for Nonschedule Injuries

The Illinois Appellate Court ruled that a worker was entitled to permanent total disability benefits for the loss of use of the eyes, plus additional permanent partial disability benefits for…




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…




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Court Upholds Dismissal of Carrier's Garnishment Claim to Collect on Default Judgment

A federal appellate court upheld the dismissal of an insurance carrier’s garnishment claim against another carrier seeking to collect a default judgment against an employer for a workers’ compensation claim. Case:…




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Gilson Daub Opens Chicago Office

Workers’ compensation defense firm Gilson Daub opened a new office in Chicago that it said was part of its expansion efforts in the Midwest. Elizabeth Vicars At the same time, the…




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Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…




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Court Upholds Summary Dismissal of Retaliation Claim

A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008.




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Chamber, Self-Insurers' Association Open Registration for Work Comp Conference

The Illinois Chamber of Commerce and Illinois Self Insurers’ Association opened registration for their Workers’ Compensation and Safety Conference scheduled for Oct. 9 in Lisle. The conference will feature a case law…




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Federal Law Preempts Worker's Claim for Alleged State Insurance Law Violations

A federal appellate court ruled that a worker’s claim that his employer’s health plan administrator violated Illinois law was preempted by federal law. Case: Carnes v. HMO Louisiana Inc., No. 4:22-cv-04179,…




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Court Rejects Police Officer's Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected an injured police officer’s constitutional challenges to the state’s new impairment rating evaluation scheme. Case: Powell v. City of Philadelphia (WCAB), No.  406 C.D. 2023,…




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Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…




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Labor Committee Hears Testimony on Misclassification

The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of…




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Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim

The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to…




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Court Rejects Municipal Worker's Constitutional Challenges to IRE Procedures

The Commonwealth Court of Pennsylvania rejected an injured municipal employee’s constitutional challenges to the state's new impairment rating process. Case: Epps v. City of Philadelphia (WCAB), No. 835 C.D. 2023, 07/08/2024,…




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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate…




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Decision Allows Billing Agent to Pursue Civil Claims Against Carriers

Billing agents can pursue payments for workers' comp prescriptions outside of the fee-review process, under a recent Pennsylvania Supreme Court decision. The high court on Tuesday published a split decision in…




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High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…




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Bill Would Limit Employment Protections for Medical Cannabis Users

Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick…




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Court Upholds Modification of Worker's Benefits for Specific Loss

The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.




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Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies

The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of…




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Court Rejects Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenges to the state's new impairment rating evaluation process. Douglas Bellamy worked for the City of Philadelphia. He suffered injuries in a…




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Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident

The Commonwealth Court of Pennsylvania upheld the termination of a worker’s benefits for her injuries from a slip-and-fall accident. Case: Tarawallie v. Magee Memorial Hospital for Convalescents (WCAB), No. 717 C.D.




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Court Rejects Repetitive Constitutional Challenges to IRE Process

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:…




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Supreme Court to Address Exception to Going-and-Coming Rule

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…




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Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset

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…




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Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process

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…




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Pension Offset Not Available When Retiree Gets Hurt After Returning to Work

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…




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Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process

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,…




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Court Upholds Modification of Worker's Status to Partially Disabled

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…




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Court Upholds Finding That Worker Suffered Compensable Aggravation Injuries

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,…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

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…




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Court: WCJ Needs to Revisit Contingency Fee Agreement

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…




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Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries

Pennsylvania’s Superior Court upheld a jury’s $15.5 million award to a worker for his electric shock injuries. Case: Feldman v. CP Acquisitions 25 LP, No. 501 EDA 2023, 09/12/2024, published. Facts: The…




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Court Upholds UR Determination That Worker's Treatments Weren't Necessary

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…




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Court Continues to Reject Repetitive Constitutional Challenges to IRE Process

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.




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Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties

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),…




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Employer Doesn't Waive Subrogation Claim

The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance…