re Overcoming Jurisdictional Return-to-Work Challenges By ww3.workcompcentral.com Published On :: Wed, 26 Apr 2023 17:48:17 -0700 Identify specific requirements and common legal challenges for light duty and transitional work assignments. Understand jurisdictional components, litigation trends and case law. Discuss the challenges involved in transitional work assignments including… Full Article
re 2024 Regulatory and Issues Forecast By ww3.workcompcentral.com Published On :: Tue, 28 Nov 2023 16:09:50 -0800 This discussion, presented by HIRMA, will cover regulations and risk management issues impacting attendees organizations in 2024. Full Article
re Part 1 - PTSD Awareness for Work Comp Professionals By ww3.workcompcentral.com Published On :: Mon, 06 May 2024 08:09:12 -0700 Institutes of Health is proud to present a 2-part webinar series to help raise awareness of PTSD in conjunction with PTSD Awareness Month during the month of June. In Part… Full Article
re PTSD Part 2 - Advancing PTSD Support for First Responders By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 23:28:49 -0700 In this webinar, panelists delve into the unique challenges faced by first responders battling Post Traumatic Stress Disorder (PTSD) within the workers' compensation system. From understanding the nuances of PTSD… Full Article
re The Power of Virtual Reality: Immersive Therapeutics for Chronic Back Pain Management By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 08:07:51 -0700 CBP is a prevalent, complex, and expensive condition that carries a significant health economic burden in the US. For Injured Workers who experience persistent pain, the ability to participate in… Full Article
re Widow Can't Seek Remedy From Husband's Co-Worker, Tavern Operator By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Supreme Judicial Court of Maine ruled that a widow could not pursue a civil suit against her late husband’s co-worker for throwing a punch that led to his death, nor… Full Article
re Annual Comp Conference Set for June 12-14 By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A certified therapy dog joins the list of presenters featured in the upcoming Tennessee Workers’ Compensation Educational Conference, set for June 12-14 in Murfreesboro. Chief Judge Kenneth M. Switzer Judy, a therapy… Full Article
re Panel Rejects Constitutional Challenges to Statutory Construction, Definition of 'Injury' By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Supreme Court of Tennessee’s Special Workers’ Compensation Appeals Panel rejected a constitutional challenge to the statutory construction requirements for the state Workers’ Compensation Law and the statutory definition of an… Full Article
re Worker Injured in Explosion Loses Claim That Employer Tricked Him Into Comp Settlement By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Tennessee Court of Appeals upheld the summary dismissal of a worker’s claims asserting that he was the victim of a fraudulent scheme to designate him as an employee instead of… Full Article
re Court Rejects Untimely Appeal From Dismissal of Negligence Claim Against Doctor By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 The Tennessee Court of Appeals said a series of post-order motions filed by a self-represented injured worker didn’t extend the statute of limitations, so the appeal of the order dismissing… Full Article
re Disclosure to Attorney Doesn't Trigger Time for Worker to File Suit Against Doctor By ww3.workcompcentral.com Published On :: Wed, 11 Sep 2024 00:00:00 -0700 The Tennessee Court of Appeals ruled that the time frame for an injured worker to sue her doctor for malpractice did not start on the date her workers’ compensation attorney… Full Article
re Supreme Court Issues Writ Directing Dismissal of Contract, Bad-Faith Claims Against Carrier By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 The Alabama Supreme Court issued a writ of mandamus compelling a trial court to dismiss the breach-of-contract and bad-faith claims against an insurance carrier arising out of a roofing worker’s… Full Article
re Split Supreme Court Upholds Dismissal of Worker's Retaliatory Termination Claim By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The Alabama Supreme Court summarily denied a worker’s challenge to the dismissal of her retaliatory termination claim over the dissent of a justice who argued that the court should have… Full Article
re Supreme Court Overturns $3 Million Judgment for Worker's Death By ww3.workcompcentral.com Published On :: Wed, 04 Sep 2024 00:00:00 -0700 The Alabama Supreme Court overturned a $3 million judgment in a wrongful death case, finding that a worker’s failure to realize a safety device was missing from a machine was… Full Article
re Insurance Provider Timely Asserts Claim for Reimbursement By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Alabama Court of Civil Appeals revived an insurance provider's claim for reimbursement from a widow's wrongful death settlement. Timothy Tumlin worked for L&C General Contractors Inc. He died as a… Full Article
re Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung… Full Article
re Court Overturns Finding That Worker Timely Reported Injury By ww3.workcompcentral.com Published On :: Tue, 12 Nov 2024 00:00:00 -0800 The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within… Full Article
re High Court Denies Additional Treatment, Benefits for Injured Field Engineer By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts… Full Article
re Department Can Order Reimbursement of Witness Fees By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that the state's Workers’ Compensation Division has the authority to order reimbursement of an employee’s reasonably incurred medical expert witness fees. Case: Leal v. State ex… Full Article
re High Court Finds Worker's Heart Attack Wasn't Product of Unusual Stress By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 The Wyoming Supreme Court ruled that a man's heart attack on his third day of work was not due to clearly unusual or abnormal employment stress for those in his… Full Article
re Senate Confirms Reappointment of Commissioner Gillen By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 The North Carolina Senate unanimously confirmed the reappointment of James C. Gillen to the state Industrial Commission. James C. Gillen The Carolina Journal reports that the Senate on Thursday voted 45-0… Full Article
re Industrial Commission Opens Registration for Annual Conference By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will… Full Article
re Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:… Full Article
re Worker Fired on Day of Injury Still Entitled to TTD By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker who was fired on the day of his injury was still entitled to temporary total disability benefits. Darius L. Jefferson worked for Giant… Full Article
re Exposure Testing Law for Air Ambulance Workers Takes Effect By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov. Full Article
re Court Says Injured Worker Not Entitled to Participate in Vocational Rehab By ww3.workcompcentral.com Published On :: Mon, 17 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld a denial of an injured worker’s request to participate in vocational rehabilitation. Case: State ex rel. Saia v. Industrial Commission, No. 22AP-667, 06/11/2024, published. Facts and procedural… Full Article
re Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:… Full Article
re Worker Not Entitled to Relief From Decision She Allegedly Never Received By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker was not entitled to relief from a decision rendered after a hearing she did not attend because she had not received the… Full Article
re BWC Reopens Safety Grant Programs; $35M Available By ww3.workcompcentral.com Published On :: Tue, 02 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation on Monday said it reopened its safety grant program and that $35 million will be available to help employers purchase equipment to protect their… Full Article
re Split Court Rejects Magistrate's Recommendation, Issues Writ Vacating Denial of PTD Award By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 A divided Ohio appellate court rejected the recommendation of a magistrate and issued a writ of mandate compelling the Industrial Commission to overturn its denial of an injured worker’s claim… Full Article
re Court Clarifies Extent to Which Partial Amputation Results in Total Loss By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that if a worker’s injury results in the severance of some part of the proximal phalanx, the injury must be treated as a loss of… Full Article
re Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry… Full Article
re BWC Opens Registration for Annual Medical and Health Symposium By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation opened registration for its 2024 Medical & Health Symposium being held in November. The free virtual event will focus on how technology in medicine is… Full Article
re Widow Timely Files Asbestos-Related Occupational Disease Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The Ohio Court of Appeals upheld a determination that a widow timely filed her claim for benefits for a worker’s death from an occupational disease caused by his asbestos exposure… Full Article
re BWC Rules Up for Review By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that a handful of rules are up for review. The BWC said its claims procedure rules in Chamber 4123-3, as well as the miscellaneous… Full Article
re Worker Gets Writ Directing Commission to Consider His Entitlement to TTD By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 An Ohio appellate court issued a limited writ of mandamus directing the Industrial Commission to determine a worker’s entitlement to temporary total disability benefits for a period of unemployment. Case: State… Full Article
re Court Didn't Abuse Discretion in Denying Sanctions Without Hearing By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic… Full Article
re Court Rejects Employer's Challenge to Loss-of-Use Award By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America… Full Article
re Employer Not Entitled to Relief From VSSR Award By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice… Full Article
re Worker Not Entitled to Mandamus Relief From Denial of Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Ohio Supreme Court ruled that a worker was not entitled to writ relief compelling the Industrial Commission to order his employer to pay for his medical treatments and pay… Full Article
re Worker's Fraud Results in Award Declared Overpayment By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for… Full Article
re Worker Who Received VSSR Award Can't Pursue Intentional Tort Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a worker’s intentional tort claim against his employer for injuries from an unguarded table saw. Multi-Cast Corp. defaulted on its obligations to its… Full Article
re High Court Remands AOE Determination for Unobserved Fall By ww3.workcompcentral.com Published On :: Tue, 24 Sep 2024 00:00:00 -0700 The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The… Full Article
re No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
re Cancer-Stricken Firefighter Gets PPD Award By ww3.workcompcentral.com Published On :: Mon, 28 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld an award of permanent partial disability benefits for a cancer-stricken firefighter. Case: State ex rel. City of Cincinnati v. Industrial Commission, No. 23AP-332, 10/17/2024, published. Facts: Michael… Full Article
re Supreme Court Says TTD Award Not Immediately Appealable By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Full Article
re Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,… Full Article
re Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
re Workplace Safety Regulators Set Training Event By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and… Full Article
re Crane Service Has Single Citation Reinstated, Another Dismissed By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the dismissal of a citation against a crane service provider but reinstated another. Case: Secretary of the Education & Labor Cabinet v. Sterett Crane and… Full Article