w Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure… Full Article
w DWC Seeks Comments on Proposed Changes to Report Forms By ww3.workcompcentral.com Published On :: Thu, 06 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation seeks public comment on changes to a trio of report forms. The division said it has updated the following forms to conform to the agency’s standards,… Full Article
w Temp Worker Can't Maintain Tort Suit Against Employer's Client By ww3.workcompcentral.com Published On :: Wed, 12 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,… Full Article
w Court Revives Worker's Challenge to Partial Denial of Claim By ww3.workcompcentral.com Published On :: Tue, 18 Jun 2024 00:00:00 -0700 A Texas appellate court revived an injured school district employee’s challenge to an administrative law judge’s determination that she was barred from pursuing compensation for some alleged conditions and dates… Full Article
w Nonsignatory Can't Compel Arbitration of Wrongful Death Claim By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit… Full Article
w DWC Raises Discount Rate Slightly By ww3.workcompcentral.com Published On :: Mon, 24 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the… Full Article
w DWC Announces Rule Adoption By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced the adoption of new and revised rules governing dispute resolutions, settlements and commutations. The DWC said it eliminated regulatory references to penalties for certain… Full Article
w No Benefits for Worker's Motorcycle Death By ww3.workcompcentral.com Published On :: Fri, 05 Jul 2024 00:00:00 -0700 A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel… Full Article
w DWC Seeks Input on Legislative Recommendations By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted an online survey seeking input on legislative recommendations to include in the upcoming 2024 biennial report to the state Legislature. The division said it… Full Article
w DWC Seeks Comments on Telemedicine Rules By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation seeks public comments on draft rules that would allow doctors to use telemedicine to perform maximum medical improvement examinations. “For example, when a treating doctor treats… Full Article
w Co-Owner of Trucking Company Gets Deferred Adjudication for Fraud By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution… Full Article
w DWC Webinar to Cover Wage Statements By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is holding a webinar Wednesday to cover how to complete wage statements. The division said the training will focus on DWC Form-003 and DWC Form-003SD. Full Article
w ICT Sets Webinar on Social Media in Claims Resolution By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The Insurance Council of Texas is holding a webinar Aug. 12 that will cover the use of social media when resolving workers’ compensation claims. Marci Reading, vice president of business development… Full Article
w DWC Posts Proposed 2025 Research Agenda By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted for public comment a copy of the proposed 2025 agenda for its Workers’ Compensation Research and Evaluation Group. The group is proposing three projects… Full Article
w DWC Seeks Comments for Routine Rule Review By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on three sections of the Texas Administrative Code as part of a periodic review of its rules and regulations. The division is… Full Article
w NCCI Files New Experience Rating Plan By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 The National Council on Compensation Insurance filed a proposed Texas-specific experience rating plan. NCCI said the new edition of its Experience Rating Plan Manual for Workers’ Compensation and Employers Liability Insurance… Full Article
w Federal Court Sends Worker's Jones Act Claim Back to State Level By ww3.workcompcentral.com Published On :: Wed, 21 Aug 2024 00:00:00 -0700 A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a Texas state court. Shanon Roy Santee worked as a remote-operated vehicle technician in the… Full Article
w DWC Accepts Comments on Rule's Title Change By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on a proposal to correct a duplicate regulatory section title. The DWC is proposing to rename Texas Administrative Code Section 147.10 “Commutation… Full Article
w Court Lacks Jurisdiction Over Worker's Negligence Claim Against Colleague, Employer By ww3.workcompcentral.com Published On :: Fri, 23 Aug 2024 00:00:00 -0700 A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In… Full Article
w DWC Announces Dates for 'Brown Bag' Meetings on Dispute Resolution By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that it will hold a series of “brown bag” meetings in September and October to discuss the latest updates in dispute resolution. Agenda topics… Full Article
w DWC Posts 2025 Audit Plan By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation posted its audit plan for the fiscal year ending in 2025. The DWC said 2025 audits will focus on timely and accurate benefit payments, timely… Full Article
w DWC Lowers Fourth-Quarter Discount Rate By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced that the discount interest rate will drop by more than a full percentage point during the final fiscal quarter. The division said any interest… Full Article
w DWC Proposes Rule to Verify Benefit Recipient Information By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The… Full Article
w DWC Updates Employer Forms, Changes Rule Title By ww3.workcompcentral.com Published On :: Fri, 04 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to… Full Article
w DWC Sets Treating Doctor Webinar By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is hosting a free webinar Nov. 7 to cover how to become a treating doctor. The program will teach attendees the requirements to become a… Full Article
w DWC Adopts Research Agenda By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Texas Division of Workers' Compensation on Wednesday announced that it adopted the 2025 agenda for its Workers' Compensation Research and Evaluation Group. The research group will study the feasibility and… Full Article
w OSHA Fines Furniture Maker Following Serious Injury By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration… Full Article
w Worker Can't Get Writ to Avoid Arbitration of Claim Against Nonsubscribing Employer By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 A Texas appellate court denied an injured worker's petition for mandamus relief of a trial judge’s order compelling him to arbitrate a negligence claim against his nonsubscribing employer. Adrian Murillo worked… Full Article
w DWC Seeks Input on 2025 Medical Audit Plan By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Texas Division of Workers’ Compensation is accepting comments on the 2025 Medical Quality Review Annual Audit Plan through Nov. 22. The annual plan establishes priorities for the Medical Quality Review… Full Article
w Friendship-Based Employment Can Fall Within Scope of Comp System By ww3.workcompcentral.com Published On :: Tue, 30 Jul 2024 00:00:00 -0700 The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Samuel Amos, David Tidwell and Travis Plambeck all… Full Article
w WCB Accepts Comments on Proposed 2025 Fee Schedule By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 The Alaska Workers’ Compensation Board is accepting comments on its proposed 2025 Medical Fee Schedule. The board said system users can submit written comments on the proposed changes through Oct. 9… Full Article
w DOL Announces $164,814 Settlement With Poultry Facility Over Fatal Accident By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that it settled with a Mississippi poultry facility, requiring the company to pay $164,814 in fines and implement enhanced safety measures to protect workers from… Full Article
w Carrier Can't Void Employer's Policy or Proceed With Breach-of-Contract Claim By ww3.workcompcentral.com Published On :: Wed, 18 Sep 2024 00:00:00 -0700 A federal appellate court ruled that an insurance carrier could not void a policy based on an employer’s misrepresentation, nor could it maintain a breach-of-contract claim against a marketing agent for failing to… Full Article
w Claimant Confusion Leads to Lawsuits Against Comp Attorney By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A claimants' attorney in Mississippi is facing a trio of lawsuits after having a client arrested for cashing what turned out to be the settlement check of another injured worker… Full Article
w Split Court Says Diabetic Worker's Foot Injury Didn't Cause Total Disability By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A split Mississippi Court of Appeals upheld a finding that a worker’s compensable right-foot injury did not leave her permanently and totally disabled and that her left-foot injury was not compensable. Case:… Full Article
w Court Dismisses Dispute Over Whether Worker Qualifies as Public Safety Employee By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 The Maryland Appellate Court rejected a dispute over whether an injured worker qualified as a public safety employee due to a lack of jurisdiction. Case: Clifton T. Perkins Hospital v. Frierson, No. Full Article
w Court Overturns Award for Alleged Mold Exposure By ww3.workcompcentral.com Published On :: Wed, 05 Jun 2024 00:00:00 -0700 The Maryland Appellate Court overturned an award of benefits to a financial adviser for his alleged occupational disease from mold exposure. Case: In the Matter of Morgan Stanley and Co. Inc.,… Full Article
w Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail… Full Article
w Court Overturns $8.7 Million Jury Verdict Against Vessel Owner By ww3.workcompcentral.com Published On :: Tue, 13 Aug 2024 00:00:00 -0700 The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine… Full Article
w Court Upholds Commission's Method for Determining Worker's AWW but Vacates Calculation By ww3.workcompcentral.com Published On :: Tue, 01 Oct 2024 00:00:00 -0700 The Maryland Appellate Court ruled that the state Workers’ Compensation Commission used an appropriate methodology to calculate a worker’s average weekly wages but miscalculated the amount by relying on an improper… Full Article
w Companies Fined $650,000 After Worker Dies in Storage Facility By ww3.workcompcentral.com Published On :: Thu, 16 May 2024 00:00:00 -0700 Two companies were fined a combined $650,000 after a worker died in an apple storage facility that had a low oxygen level to prevent fruit from spoiling, the Washington State… Full Article
w Report: DOE Awards New Contract for Hanford Comp Claims By ww3.workcompcentral.com Published On :: Tue, 25 Jun 2024 00:00:00 -0700 The U.S. Department of Energy picked a new company to administer workers’ compensation claims from the Hanford nuclear storage facility in Washington state, according to a report by the Tri-City… Full Article
w Worker Failed to Perfect Appeal of Board Decision Denying Request to Reopen Claim By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The Washington Court of Appeals upheld the denial of an injured worker’s request to reopen her claim due to her failure to timely perfect her appeal of the decision of… Full Article
w Adult Family Home Owner Accused of Double Dipping By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Washington State Department of Labor and Industries announced that a woman who ran an adult family home while claiming she was too injured to work is facing a felony… Full Article
w Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed… Full Article
w L&I Fines Wildlife Department for Worker Death By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 The Washington State Department of Labor and Industries fined the state wildlife department $200,400 for two incidents that killed one worker and hospitalized another. Mary Valentine, a 48-year-old Department of Fish… Full Article
w Appeals Court Reverses Order Precluding Worker From Making PPD Claims By ww3.workcompcentral.com Published On :: Thu, 08 Aug 2024 00:00:00 -0700 A trial court erred when it granted a motion in limine to preclude an injured worker from presenting to a jury the question of eligibility for a permanent partial disability… Full Article
w Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online By ww3.workcompcentral.com Published On :: Wed, 14 Aug 2024 00:00:00 -0700 The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free… Full Article
w Construction Company Fined for Using Crane to Lift Workers By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Washington State Department of Labor and Industries said a Seattle construction company is facing $155,300 in fines for knowingly putting workers at serious risk of injury or death by… Full Article
w Court Overturns Jury Award to Flight Attendant for COVID-19 Infection By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Washington Court of Appeals overturned a jury verdict finding that a flight attendant was entitled to benefits for her COVID-19 infection, since the jury had been erroneously instructed on… Full Article