re Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter… Full Article
re Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
re Court Remands Worker's PTD Claim for Fourth Time By ww3.workcompcentral.com Published On :: Fri, 27 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:… Full Article
re Insurance Department Announces 8.4% Loss Cost Reduction By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 The Kentucky Department of Insurance approved an 8.4% average loss cost reduction for policies incepting in 2025. The department said this is the 19th consecutive rate decrease. Kentucky Insurance Commissioner Sharon… Full Article
re Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that a traveling worker was entitled to benefits for her injuries from a fall while leaving her hotel to go souvenir shopping. Kimminee Costello worked for… Full Article
re Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries By ww3.workcompcentral.com Published On :: Mon, 21 Oct 2024 00:00:00 -0700 A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and… Full Article
re Court Orders DLI to Decide Reasonableness of Worker's Refusal to Attend Appointment By ww3.workcompcentral.com Published On :: Tue, 28 May 2024 00:00:00 -0700 The Montana Workers’ Compensation Court ruled that the Department of Labor & Industry needed to make a finding as to the reasonableness of a worker’s refusal to attend a therapy… Full Article
re Maximum Weekly Benefits Increasing 4.84% By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1. “For injuries occurring on or after July… Full Article
re Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
re Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School… Full Article
re Governor Approves Pay Raise for Doctors Treating First Responders By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice… Full Article
re Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud By ww3.workcompcentral.com Published On :: Fri, 21 Jun 2024 00:00:00 -0700 A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability… Full Article
re Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s determination that an employer was not entitled to recover the full amount of its lien against an injured worker's third-party settlement. Regina Akins suffered… Full Article
re DWC Posts Rulemaking Notice for Fee Schedule, Related Documents By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC… Full Article
re Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and… Full Article
re NCCI Recommends 1% Rate Cut By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance recommended that the Florida Office of Insurance Regulation reduce workers’ compensation rates by an average of 1%, effective Jan. 1. NCCI said in a summary… Full Article
re CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first… Full Article
re Court Upholds Worker's Entitlement to Further Medical Care By ww3.workcompcentral.com Published On :: Thu, 30 May 2024 00:00:00 -0700 An Arizona appellate court upheld a determination that a worker was entitled to additional treatment as he had not reached a medically stationary state. Case: Tenet Health System Medical v. Industrial… Full Article
re House Passes Amended MDMA Therapy Bill for First Responders By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House… Full Article
re Court Upholds Denial of Worker's Request to Reopen Car Accident Claim By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018,… Full Article
re Worker's Request for Hearing Dismissed as Untimely By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier… Full Article
re ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due… Full Article
re Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a… Full Article
re Performer Injured During Jousting Match Not Subject to Comp Coverage By ww3.workcompcentral.com Published On :: Wed, 15 May 2024 00:00:00 -0700 A Louisiana appellate court ruled that a worker injured while participating in a jousting demonstration was exempt from coverage under the state Workers’ Compensation Act as a “performer.” Case: McKeane v. Full Article
re Lawmakers Pass Bill Limiting Recovery for Misclassification By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover. Rep. Full Article
re Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 A Louisiana appellate court upheld an award of benefits for a worker with carpal tunnel syndrome and ruled that his employer was not entitled to an offset against its liability. Case: Caldwell… Full Article
re Court Overturns Approval for Change in Doctors, Denies Forfeiture Claim By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a judge’s decision approving a worker’s change of physician but upheld the denial of the employer’s request for a forfeiture of benefits. Case: Southern v. Servpro… Full Article
re Appeals Court Partially Reverses Employer's Win By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 A Louisiana appellate court overturned a finding that a worker’s stiff person syndrome was not related to her work accident, and a finding that she was capable of engaging in gainful employment… Full Article
re Res Judicata Does Not Bar Worker's Intentional Tort Claim Against Colleague By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that res judicata did not bar a school district employee’s intentional tort claim against a colleague even though she received a workers’ compensation settlement for her… Full Article
re High Court: No Compensation for Jouster Injured at Renaissance Festival By ww3.workcompcentral.com Published On :: Thu, 10 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court declined to hear the appeal of a decision finding that a man injured while jousting was excluded from the state's workers' compensation system. On Tuesday, a 6-1… Full Article
re Injured Firefighter Successfully Challenges Reduction in Benefits By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost… Full Article
re Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 The Louisiana Supreme Court ruled that an injured worker lost his ability to pursue a civil suit he had filed under a false name and an illegally obtained identity. Rafael Antonio… Full Article
re Supreme Court Reinstates PTD Award for Worker With Back Injury By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 The South Carolina Supreme Court reinstated an award of permanent total disability benefits for a worker who lost the use of his back, despite the low impairment ratings he had received. Case: Paulino… Full Article
re Injured Deputy Doesn't Prove Entitlement to PTD Award By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld an award of permanent partial disability benefits to an injured deputy sheriff. Case: Crowley v. Darlington County, No. 2022-000282, 06/26/2024, unpublished. Facts: Michael Crowley worked… Full Article
re Court Upholds Award of Benefits to Nurse, Corrects AWW Calculation By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals ruled that an injured nurse was entitled to benefits for a closed period and that the Workers’ Compensation Commission erred in calculating her average weekly wage. Rachel… Full Article
re High Court Questions Viability of Defense Based on Worker's Failure to Disclose Prior Injury By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 The South Carolina Supreme Court upheld a finding that a worker was entitled to benefits for a back injury, but it questioned the continued viability of its case law allowing… Full Article
re No Benefits for Worker Injured in Fall From Ladder By ww3.workcompcentral.com Published On :: Mon, 22 Jul 2024 00:00:00 -0700 The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v. Full Article
re Supreme Court Clarifies Statutory Review Process for Comp Cases By ww3.workcompcentral.com Published On :: Fri, 02 Aug 2024 00:00:00 -0700 The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Gena Cain Davis worked as… Full Article
re Court Revives Civil Suit Over Worker's Fatal Heart Attack By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 The South Carolina Court of Appeals overturned a grant of summary judgment dismissing a lawsuit against an employer and its in-house nurses, alleging that they failed to provide adequate treatment to a… Full Article
re Commissioner Wilkerson Retires Sept. 15 By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The South Carolina Workers’ Compensation Commission announced that Avery B. Wilkerson Jr. will retire, effective Sept. 15. Avery B. Wilkerson Jr. Wilkerson has served as a commissioner since June 2008 when… Full Article
re Supreme Court Reissues Decision Questioning Its Own Precedent By ww3.workcompcentral.com Published On :: Mon, 07 Oct 2024 00:00:00 -0700 The South Carolina Supreme Court reissued its decision upholding an injured worker’s award but questioned the continued viability of its case law allowing an employer to base its defense on a… Full Article
re Court Upholds Denial of Worker's Request to Modify Award By ww3.workcompcentral.com Published On :: Wed, 26 Jun 2024 00:00:00 -0700 The Kansas Court of Appeals upheld a decision of the Workers’ Compensation Appeals Board denying a government employee’s request for a modification of her award. Case: Jackson v. Johnson County, No. Full Article
re Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits By ww3.workcompcentral.com Published On :: Fri, 26 Jul 2024 00:00:00 -0700 The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for… Full Article
re Federal Court Upholds Jury's Finding That UPS Didn't Discriminate Against Injured Worker By ww3.workcompcentral.com Published On :: Mon, 19 Aug 2024 00:00:00 -0700 A federal appellate court upheld a jury verdict finding an employer had not discriminated against an injured employee. Case: Donahue v. United Parcel Service, Nos. 22-3132 and 22-3142, 08/12/2024, published. Facts: William… Full Article
re Worker Fails to Prove Employer's Payroll Met Threshold for Coverage By ww3.workcompcentral.com Published On :: Fri, 13 Sep 2024 00:00:00 -0700 The Kansas Court of Appeals ruled that an injured worker failed to prove that his employer’s payroll met the statutory threshold for coverage under the state Workers Compensation Act. Case: Romero v. Full Article
re State Fund Must Pay for Continuing Treatment of Worker's Injury By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 The Kansas Supreme Court upheld a determination that the state Workers Compensation Fund was liable for paying the continuing treatment expenses for a worker who had accepted a job out… Full Article
re WCRI: TD Duration Remains Shorter Despite Recent Growth By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 An increase in average temporary disability duration drove a nearly 10% increase in average indemnity benefits per claim in Wisconsin in 2022, according to a recent study from the Workers… Full Article
re Treating gum disease after heart rhythm ablation reduced risk of AFib recurrence By newsroom.heart.org Published On :: Wed, 10 Apr 2024 09:00:00 GMT Research Highlights: Treating gum disease within three months after a heart procedure to correct an irregular heart rhythm, known as atrial fibrillation (AFib), may lower the chances of it reoccurring. Inflamed gums may predict AFib recurrence after... Full Article
re Cardiovascular care centered on the patient is key and helps improve equity and outcomes By newsroom.heart.org Published On :: Thu, 11 Apr 2024 09:00:00 GMT Statement Highlights: Patient-centered care establishes a respectful partnership among the health care team, the patient and caregivers to make shared decisions about management tailored to the patients’ beliefs, preferences and... Full Article
re Good heart health in middle age may preserve brain function among Black women as they age By newsroom.heart.org Published On :: Wed, 24 Apr 2024 07:00:00 GMT Research Highlights: Middle-aged Black women with better heart health were less likely to show a decline in mental function compared with middle-aged Black women with worse heart health. In this study, heart health was unrelated to cognitive decline... Full Article