w Court Says Injured Worker Can Get Additional Physical Therapy By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No. Full Article
w No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:… Full Article
w Supreme Court Upholds Award for Worker's Radiation Exposure, Cancer By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits for a worker’s cancer and radiation exposure. Case: West Virginia Division of Highways v. Scott, No. 23-258, 08/01/2024, published. Facts: Larry Scott… Full Article
w Supreme Court Overturns PPD Award on Deficiencies in Apportionment Opinion By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court overturned an award of permanent partial disability benefits to an injured worker, finding that it was improperly based on the opinion of a doctor who failed… Full Article
w Supreme Court Upholds Award to Worker for Electric Shock Injury By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for… Full Article
w Supreme Court Upholds Authorization of Pain Management Consultation for Worker By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the authorization of a pain management consultation for an injured worker. Case: Murray American Energy Inc. v. Stapel, No. 22-923, 08/01/2024, published. Facts: Sean Stapel worked… Full Article
w Supreme Court Allows Worker to Expand Claim By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No. Full Article
w Split Supreme Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered… Full Article
w Supreme Court Upholds Denial of Worker's Request to Add Mental Injuries to Claim By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk… Full Article
w Supreme Court Upholds Expansion of Worker's Claim to Add Shoulder Injury By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for… Full Article
w Supreme Court Upholds Denial of Worker's Request for Additional Benefits, Expansion of Claim By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin… Full Article
w Supreme Court Upholds Denial of Worker's Request for More Treatment, Benefits By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request for additional treatment and benefits, and the expansion of his claim. Case: Hankins v. Sprouting Farms Corp., No. 22-919,… Full Article
w Injured Worker Not Entitled to Expand Scope of Claim By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s request to expand her claim to include additional conditions. Case: Amane v. Pas Parent Inc., No. 23-109, 08/01/2024,… Full Article
w Supreme Court Upholds PPD Award for Worker With Ankle Injury By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,… Full Article
w Supreme Court Upholds Expansion of Worker's Claim to Add New Conditions By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the expansion of a worker’s claim to include additional conditions. Case: McKinney v. Little General Store Inc., No. 23-117, 08/01/2024, published. Facts: Marilyn McKinney worked for… Full Article
w Split Supreme Court Upholds Finding of Worsened Condition for Worker By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A divided West Virginia Supreme Court summarily affirmed a finding that a worker had suffered a worsening of his condition attributable to a compensable lumbar injury. Case: ANR Inc. v. Stover,… Full Article
w Court Finds Worker Has No Impairment Despite 43 Years of Coal Dust Exposure By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining… Full Article
w Worker Struck by Forklift Gets Additional PPD Award By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No. Full Article
w Worker Fails in Bid for PPD Increase By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his award for occupational pneumoconiosis. Case: Puleo v. Coronado Group LLC, No. Full Article
w Court Upholds Increase in Worker's Award for Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight… Full Article
w Worker Not Entitled to Expand Claim, Receive Additional MRI By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim and for authorization for a magnetic resonance imaging scan. Case: Hill v. Lowe's Home… Full Article
w Court Overturns PPD Award, Finds No Valid Impairment Rating By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned an award of permanent partial disability benefits to an injured mine worker, finding that neither doctor who provided impairment ratings had performed valid… Full Article
w Court Upholds 1% PPD Award for Worker With Knee Injury By ww3.workcompcentral.com Published On :: Thu, 19 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville… Full Article
w No Benefits for Widow of Man Who Had Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a widow’s claim for benefits, finding her late husband’s occupational pneumoconiosis had not materially contributed to his death. Sherman Bailey received… Full Article
w Court Denies Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request to expand his claim to include additional conditions. Case: Justice v. Transwood, No. 24-ICA-57, 09/04/2024, unpublished. Facts: Keven Justice… Full Article
w Court Reopens Worker's Claim, Orders Development of Additional Evidence By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals overturned the closure of a worker’s claim and ordered that additional evidence be developed as to his preexisting conditions and whether they contributed to his… Full Article
w Court Upholds Denial of Worker's Request to Expand Claim By ww3.workcompcentral.com Published On :: Wed, 25 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to expand the scope of his claim to include additional conditions. Case: Hawkins v. Bimbo Bakeries Inc., No. Full Article
w Widow of Worker With Leukemia Gets Award of Death Benefits By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld an award of benefits to the widow of a worker suffering from chronic myelomonocytic leukemia before contracting COVID-19 and dying. Case: PPG Industries Inc. Full Article
w Federal Appellate Court Upholds Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits for a longtime coal miner. Case: Consol PA Coal Co. v. OWCP, No. 23-1892, 09/17/2024, unpublished. Facts: Stephen Hela worked as an… Full Article
w Supreme Court Upholds Denial of Worker's Occupational Pneumoconiosis Claim By ww3.workcompcentral.com Published On :: Mon, 30 Sep 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s occupational pneumoconiosis claim. Case: Lewis v. Columbia West Virginia Corp., No. 23-616, 09/23/2024, published. Facts: Jackie W. Lewis Sr. worked for… Full Article
w Supreme Court Upholds Denial of PPD for Worker's Back Injury By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar… Full Article
w Supreme Court Upholds Award of Occupational Disease Death Benefits By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an award of occupational disease-dependent death benefits to a worker’s widow. Case: Appalachian Boiler & Fab LLC v. Caruthers, No. 23-345, 09/23/2024, published. Facts: Johnny A. Full Article
w Supreme Court Upholds Denial of Worker's Request to Expand Claim, Undergo Additional Imaging By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a request to expand the scope of a worker’s claim and for additional imaging. Case: Cook v. Cecil I. Walker Machinery Co.,… Full Article
w Supreme Court Upholds Denial of Worker's Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld the denial of a worker’s request to reopen her claim for temporary total disability benefits, additional medications and a referral to a rheumatologist. Case: Blevins… Full Article
w Supreme Court Denies Benefits for Hospital Worker's COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a denial of benefits for a hospital maintenance worker’s COVID-19 infection. Case: Morrill v. Lifepoint Hospitals Inc., No. 23-461, 09/23/2024, published. Facts: Curtis Morrill was a… Full Article
w Supreme Court Upholds Increase in Worker's PPD Award By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld an increase in a worker’s permanent partial disability award for a shoulder injury. Case: ACNR Resources Inc. v. Martie, No. 23-386, 09/23/2024, published. Facts: Patrick Martie… Full Article
w Supreme Court Upholds Roofer's Award for Disease From Benzene Exposure By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The West Virginia Supreme Court upheld a finding that a roofer’s rare blood disorder was linked to his occupational exposure to benzene. Case: Lindy & Fred Seco General Revokable Trust v. Full Article
w Worker Gets No Referral for Evaluation of Noncompensable Condition By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a referral to a neurosurgeon for evaluation of a condition that had not been accepted as compensable in a worker’s claim. Case:… Full Article
w Worker Fails to Link Concussion Claim to Actions of Child Tapping Head By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld the denial of a school worker’s claim of injury from a child tapping her on the head. Case: Hill v. Wyoming County Board of… Full Article
w Worker Not Entitled to Increased PPD Award By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award. Case: Alban v. West Virginia Division of… Full Article
w Health Care Worker Gets 0% Award for Injuries By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that an injured worker was entitled to a 0% permanent partial disability award. Case: Gibson v. Greenbrier Valley Medical Center, No. 24-ICA-160,… Full Article
w Court Upholds Worker's 1% PPD Award for Knee Injury By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas… Full Article
w No Increase in Worker's PPD Award for Occupational Pneumoconiosis By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was not entitled to an increase in his permanent partial disability award for occupational pneumoconiosis. Case: Lucey v. Murray… Full Article
w Worker Can Recover Costs of Medical Treatment by Non-Intervening Providers By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in… Full Article
w Trucking Company Fined After Worker Dies in Confined Space By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker… Full Article
w Registration for Work Comp Summit Opens Monday By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update… Full Article
w ALJ Has Jurisdiction to Determine Whether Employer Overpaid Benefits By ww3.workcompcentral.com Published On :: Mon, 12 Aug 2024 00:00:00 -0700 The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific… Full Article
w Exclusivity Doesn't Bar Worker From Suing Employer's Auto Insurance Carrier By ww3.workcompcentral.com Published On :: Wed, 02 Oct 2024 00:00:00 -0700 The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him… Full Article
w DWC Webinar to Cover Presiding Officer Directives By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a webinar on May 22 to discuss presiding officer directives. The division said the program will focus on the origin of presiding officer… Full Article
w DWC Proposes Rules to Implement HB 2468 By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation on Friday proposed rules for designated doctor procedures and requirements for lifetime income benefits to implement House Bill 2468. HB 2468, which was enacted in… Full Article