w Widow Gets Award for Paramedic's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an award of benefits to the widow of a paramedic who died of a heart attack. Case: Prospect Medical Holdings Inc. v. Reeder (WCAB), No. Full Article
w Court Upholds Termination of Benefits for Worker's Slip-and-Fall Accident By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 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. Full Article
w 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
w 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
w Court Upholds Modification of Worker's Status to Partially Disabled By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 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 Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished.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… Full Article
w 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
w 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
w 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
w Court Upholds Employer's Entitlement to Terminate Worker's Benefits By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,… Full Article
w 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
w 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
w Court Upholds $15.5 Million Verdict for Worker With Electric Shock Injuries By ww3.workcompcentral.com Published On :: Thu, 26 Sep 2024 00:00:00 -0700 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… Full Article
w Railway Worker Fails to Prove Ear Injury, Hearing Loss By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652… Full Article
w 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
w 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
w Court Upholds Dismissal of Claim Against Sedgwick CEO By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Pennsylvania Superior Court upheld the dismissal of a medical provider’s claim for damages against an insurance company executive for the carrier’s alleged failure to pay for the treatment of… Full Article
w Employer Doesn't Waive Subrogation Claim By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
w Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD By ww3.workcompcentral.com Published On :: Fri, 25 Oct 2024 00:00:00 -0700 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… Full Article
w 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
w Second Injury Fund Not Liable for Worker's PTD By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 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… Full Article
w 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
w 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
w Worker Can't Proceed With Civil Suit Against Statutory Employer By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,… Full Article
w 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
w 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
w DWC Updates Hospital, ASC Fee Schedule By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The California Division of Workers’ Compensation on Friday announced additional changes to the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule to align with… Full Article
w Commissioner Announces CIGA, WCIRB Appointments By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 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) … Full Article
w 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
w Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity' By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended… Full Article
w Some Claims Stricken in Dispute Between Company's Founding Partners By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr. Full Article
w Kids' Chance Awards $225,115 in Scholarships By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 Kids’ Chance of California awarded $225,115 in scholarships to 42 students for the upcoming academic year. The nonprofit organization that provides scholarships to children of those who were seriously injured or killed… Full Article
w 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
w 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
w 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
w 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
w Subcontractor Can't Demand Payment for Work Done Without Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 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… Full Article
w WCAB Consolidates Cases in Attorney Fee Dispute By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 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… Full Article
w 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
w 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
w 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
w Statute of Limitations Bars Worker's Medical Malpractice Claim By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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… Full Article
w 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
w WCIRB Actuarial Committee Meets Tuesday By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Workers’ Compensation Insurance Rating Bureau of California’s Actuarial Committee will review insurer experience reports during a meeting Tuesday. Committee members will discuss the report evaluating insurer experience as of June 30,… Full Article
w 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
w CHSWC Meets Sept. 27 By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 California’s labor-management advisory panel is scheduled to meet Sept. 27 in Oakland. Members of the Commission on Health and Safety and Workers' Compensation are slated to hear a presentation from representatives… Full Article
w 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
w 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
w 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
w 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
w Pacific Workers' Law Adds Yuvanna M. Davis to Firm By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and… Full Article