The Kentucky Court of Appeals upheld the calculation of an injured worker’s average weekly wage and a determination that her award was not subject to a multiplier. Case: Burks v. United…

The Kentucky Court of Appeals upheld the calculation of a worker’s average weekly wage that includes a lump sum of vacation pay with her wages, and it denied review of the…

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…

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…

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…

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…

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…

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…

A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,…

A Florida appellate court ruled that a judge of compensation claims erroneously calculated a minor league baseball player’s average weekly wage. Austin Sodders entered into a seven-year minor league contract with…

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…

The Florida Division of Workers’ Compensation published the state's 2024 medical fee schedule. The schedule of maximum reimbursement allowances for physician and nonhospital services takes effect Jan. 1. The fee schedule is…

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…

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…

Federal prosecutors in Florida announced that five people were indicted on fraud charges for an alleged labor contracting scheme that was structured to avoid payroll taxes and comp coverage. The U.S.

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…

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,…

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…

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…

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…

The Industrial Commission of Arizona announced that Joanna Martelles was chosen to serve in the newly created position of Safety and Health Program manager. The new position will be tasked with…

The Arizona Industrial Commission announced that it's Medical Resource Office has added training opportunities for providers, payers and third-party administrators. The training course for providers is comprised of four, 30-minute webinars…

A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…

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.

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…

The 5th U.S. Circuit Court of Appeals upheld a determination that a worker did not qualify as a Jones Act seaman. Case: Edwards v. InterMoor Inc., No. 23-30727, 08/29/2024, unpublished. Facts: Lawrence…

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…

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…

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…

The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments. The commission on Friday published a statement announcing that the new…

The South Carolina Court of Appeals upheld the denial of a worker’s claim for permanent total disability benefits. Case: Cox v. Palmetto State Transportation, No. 2019-001936, 05/29/2024, unpublished. Facts: Jennie Cox allegedly…

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…

The South Carolina Court of Appeals upheld the summary dismissal of a worker’s defamation claim against his employer for alleged statements made after he appeared to suffer an on-the-job injury. Case:…

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…

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…

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…

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.

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…

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…

The South Carolina Workers’ Compensation Commission is holding a claims administration workshop on Oct. 4. The Claims Administration Made Easy workshop will examine third-party claims, the various filings that must be…

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…

The South Carolina Court of Appeals upheld a 10% penalty against an employer for its late payment of a worker’s award. Case: Jefferson v. South Carolina Department of Transportation, No. 2019-001643, 09/11/2024,…

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…

The Kansas Court of Appeals ruled that an injured truck driver’s award for a knee injury was not subject to offset due to prior leg injuries. Case: Cregger v CLW Farms Inc.,…

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.

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…

The Kansas Court of Appeals ruled that a worker failed to show good cause for his delay in prosecuting his claims and that they were therefore properly dismissed after pending for…

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.

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…

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…