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Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD

The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for…




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Second Injury Fund Not Liable for Worker's PTD

The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked…




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Court Reinstates Jury Verdict for Worker on Discrimination Claims

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…




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Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…




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Missouri Employers Mutual Rebrands Ahead of Privatization

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…




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Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

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…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

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…




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Senate Passes Bill to Prolong Electronic Payment Authorization

The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass…




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Commissioner Announces CIGA, WCIRB Appointments

California Insurance Commissioner Ricardo Lara on Tuesday announced two appointments to the Workers’ Compensation Insurance Rating Bureau Governing Committee and the California Insurance Guarantee Association board of governors. C. Bryan Little (www.fels.net) …




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Court Publishes Decision Requiring SIBTF to Prove Entitlement to SSDI Offset

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…




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Appropriations Committee Passes Anti-Discrimination Treatment Bill, Ag Worker Presumption

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’…




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Vocational School Officials Charged in SJDB Fraud Case

The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,…




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CWCI Publishes Report on Average Benefit Payments

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…




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WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing

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…




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Lawmakers Pass In-State Licensing for UR Docs, E-Signature Bills as Session Ends

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…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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WCAB Consolidates Cases in Attorney Fee Dispute

The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former…




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CCWC Opens Registration for 21st Annual Conference

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…




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Statute of Limitations Bars Worker's Medical Malpractice Claim

An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California…




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Trial Court Did Not Abuse Discretion in Considering New Evidence, Remanding Case

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…




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CalChamber Urges Veto of Ag Worker Heat Injury Presumption

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…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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DWC Opens Registration for 32nd Annual Educational Conference

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…




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Governor Signs Electronic Signature Bill

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…




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Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




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Court Revives Worker's Claims for FEHA Violation, IIED

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…




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WCIRB Promotes Tony Milano to EVP, Chief Actuary

The Workers’ Compensation Insurance Rating Bureau of California on Thursday announced the promotion of Tony Milano to executive vice president and chief actuary. Tony Milano “Tony’s promotion to our Senior Leadership…




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Court Vacates $27.9M Restitution Order Over Lack of Offsets for Valid Services

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…




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Governor Signs Debit Card Bill, Vetoes Ag Worker Presumption

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…




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Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

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…




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WCIRB Posts Report on COVID Claims

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…




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CWCI Posts Summary of 2024 Legislation

The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue…




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CWCI Reports on Emerging Costs of Migraine Drugs

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…




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Cal/OSHA Cites Farm Labor Contractor for Heat Violations

The California Division of Occupational Safety and Health cited a farm labor contractor $17,550 for violating heat illness prevention standards. Cal/OSHA said it opened an investigation into Ruiz Farm Labor in…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…




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CAAA Opens Registration for 2025 Winter Convention

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…




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Twice-Convicted Fraudster Charged in Alleged $100M Scheme

A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges…




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Vocational School Owner Charged With Fraud

The California Department of Insurance announced that the owner of a private vocational school was charged with 11 felonies for allegedly submitting fraudulent bills to work comp carriers and failing…




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CWCI: Drop in Opioid Prescriptions More Pronounced in Comp

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…




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2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert…




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Contractor Has Immunity From Civil Liability to Injured Worker

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.




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Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

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,…




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Supreme Court Says Employer Can't Contract to Create Liability for Negligence

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…




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Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims

A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis…




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WCC Provides Contact Info for New Legacy Court

The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin…




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Comp Commission Updates CEC Contact Information

The Oklahoma Workers’ Compensation Commission announced personnel updates and changes in contact information within the Court of Existing Claims. The commission said Katrina Stephenson, who will become judicial liaison and order…




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Court Upholds Worker's Entitlement to Additional Treatment, AWW Calculation

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…




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Court Says Worker's Lies Don't Forfeit Entitlement to Benefits

The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical…




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Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis

A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance…