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The Strangely Serious Implications of Math's 'Ham Sandwich Theorem'

A simple solution to gerrymandering crumbles when confronted with math’s ‘ham sandwich theorem’




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The Decimal Point Is 150 Years Older than Historians Thought

The origin of the decimal point, a powerful calculation tool, has been traced back to a mathematician who lived during the Italian Renaissance




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Casual Employment Threshold, TD Benefit and Attorney Fees to Increase

The Oregon Workers’ Compensation Division announced that maximum temporary total disability benefits and attorney fees are increasing on July 1 along with the threshold used to determine whether employment is…




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WCD Adds 'Physician Associate' to Change of Provider Form

The Oregon Workers’ Compensation Division on Friday announced that it updated the form used to request a change of provider to replace the term “physician assistant” with “physician associate.” The WCD…




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Carrier Must Modify Notice of Acceptance Upon Receiving IME Report

The Oregon Court of Appeals ruled that an insurer was obligated to modify its notice of acceptance upon receipt of a report that clearly identified a meniscus tear caused by…




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Court Overturns Jury's $10 Million Verdict to Worker's Widow

The Oregon Court of Appeals overturned a jury’s $10 million verdict in favor of a worker’s widow for his asbestos exposures. Case: Ibarra v. C.H. Murphy/Clark-Ullman Inc., No. 411, 06/20/2024, unpublished. Facts…




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Court Clarifies When Spouse Doesn't Qualify as Beneficiary of Fatally Injured Worker

The Oregon Court of Appeals clarified when a worker’s spouse falls within an exception to the definition of “beneficiary” because the couple was “living in a state of abandonment” at…




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Rulemaking Advisory Committee Reviewing Treatment Regs

The Oregon Workers’ Compensation Division's rulemaking advisory committee will review medical treatment regulations during a Nov. 5 meeting. The division said a preliminary list of topics that the committee will discuss…




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DCBS Cutting Rates by 3.2%

The Oregon Department of Consumer and Business Services said employers will pay an average of 3.2% less for workers’ compensation coverage next year. The department said the advisory pure premium rate…





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WCRI: Medical Payments Per Claim Higher Than Most States

The Workers Compensation Research Institute reported that medical payments per claim in Indiana were higher than typical among the 17 states included in a recent study. WCRI said its analysis of…




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No Accidental Disability Retirement Benefits for Ex-DMV Employee

The Rhode Island Superior Court upheld a denial of accidental disability retirement benefits to a former Department of Motor Vehicles employee. Case: Williams v. Employees’ Retirement System of Rhode Island, No.




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Court Overturns Denial of University Employee's Claims

The District of Columbia Court of Appeals overturned the denial of a university employee’s claim for injuries from a collision with a jogger as she walked along a public sidewalk…




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High Court Suspends Attorney for Nine Months

The District of Columbia Court of Appeals suspended for nine months an attorney with a long disciplinary history. Nelson Gonzalez is admitted to practice in the District of Columbia and New Jersey. He has been…




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High Court Overturns Finding That Injured Worker Doesn't Qualify as Employee

The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,…




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Penalties by Office of Risk Management Not Subject to Review by Office of Administrative Hearings

The District of Columbia’s highest court ruled that the Office of Administrative Hearings lacks authority to review penalty calculations by the Office of Risk Management. Luigi Buitrago injured his back in…




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Self-Insured Parent Co. of Miner's Final Employer Liable for Black Lung Benefits

A federal appellate court upheld the imposition of liability for a coal miner’s Black Lung Benefits Act claim on the self-insured parent of his final employer. David Howard spent 17 years…




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High Court Overturns Denial of Former Pro Soccer Player's Knee Injury Claim

The District of Columbia’s high court overturned the denial of a former professional soccer player’s claim for benefits for a right knee injury allegedly caused by a decades-old injury to her…




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Federal Court Scolds Insured for Frivolous Contest to Carrier's Entitlement to Payment

A federal appellate court scolded an insured for its frivolous defense during arbitration with its carrier and threatened to sanction the insured for its frivolous challenge to the arbitration award. Case: American…




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Court Upholds Summary Dismissal of Widow's Claim Against Parent of Late-Husband's Employer

A federal appellate court upheld the summary dismissal of a widow’s wrongful death claim against the parent company of her late-husband’s employer. Case: Mesenbring v. Rollins Inc., No. 23-2473, 06/28/2024, published. Facts:…




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Court: Fatal Heart Attack Compensable, Worker's Adult Son Qualifies as Beneficiary

An Illinois appeals court overturned the denial of death benefits to a deceased worker’s adult son, finding that the father's fatal heart attack was compensable and that the son was an…




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Court Upholds Summary Dismissal of Retaliation Claim

A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Paula Emerson began working for the Cook County Sheriff’s Office in 2008.




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Audit Finds 'Major Improvement' in City's Comp Program Under TPA

Chicago’s Office of Inspector General said in its latest audit that contracting with a third-party administrator represented a “major improvement” in running the city’s work comp program compared to the…




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Disability Law Allows Withholdings From Employees' Benefits

The Illinois Appellate Court ruled that the Public Employee Disability Act does not prohibit an employer from withholding taxes from a worker’s benefits. Case: Bitner v. City of Pekin, No. 4-23-0718,…




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Governor Appoints Magda Derisma-Oyewole as Arbitrator

Illinois Gov. J.B. Pritzker on Monday appointed Magda Derisma-Oyewole as an arbitrator for the state Workers’ Compensation Commission. Magda Derisma-Oyewole Derisma-Oyewole has been a practicing attorney since 2015 and focused on…




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Comp Attorney James Keefe Sr. Dies at 68

Long-tenured Illinois workers’ compensation attorney James K. Keefe Sr. died at the age of 68. James K. Keefe Sr. (kasslyfuneral.com) Keefe died at his home Sept. 9, the Illinois Workers’ Compensation Commission said…




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Supreme Court to Weigh in on Statutory Employer Defense

The Pennsylvania Supreme Court will decide whether general contractors can be denied statutory employer status if they have not paid benefits to a subcontractor’s injured employee and whether the statutory employer defense is…




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Judge Must Determine Whether to Penalize Employer's Refusal to Pay for Pot

A Pennsylvania appellate court on Monday ordered a workers’ compensation judge to determine whether an employer should be penalized for failing to reimburse an injured worker for medical cannabis. The Commonwealth…




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Worker Left Quadriplegic Fails to Timely Notify Carrier

The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120…




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Court Upholds Denial of Worker's Claim for Lead-Exposure Injury

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for benefits based on his industrial lead exposure. Case: Mercer v. Active Radiator MPN Inc., No. 1326 C.D. 2023,…




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Labor Committee Hears Testimony on Misclassification

The Pennsylvania House Labor and Industry Committee on Tuesday held an informational meeting to hear testimony from industry experts on the harmful effects of worker misclassification. Christopher Hallock, deputy secretary of…




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Employer Can't Join Other Parties to Share Potential Liability for Fatal Claim

The Commonwealth Court of Pennsylvania upheld an administrative decision finding that an employer could not join another entity and its insurance carrier as liable parties for a worker’s fatal accident. Case:…




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Court Upholds Dismissal of Worker's Untimely Appeal

The Commonwealth Court of Pennsylvania upheld the dismissal of a worker’s untimely appeal of the denial of his workers’ compensation claim. Case: Oldfield v. Popcorn Alley Inc., No. 233 C.D. 2023,…




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Amazon Can't Join Injured Worker's Prior Employer as Defendant to Claim

The Commonwealth Court of Pennsylvania ruled that Amazon.com was not entitled to join an injured employee’s prior employer as a defendant in her claim and that she was entitled to…




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Collateral Estoppel Precludes Worker From Challenging Validity of Settlement

The Commonwealth Court of Pennsylvania ruled that an injured worker was precluded from trying to challenge the validity of his settlement agreements with his employer. Case: May v. Dana Corp., No.




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Adjuster's Miscalculation of Lien Doesn't Allow Worker to Avoid Payment

The Commonwealth Court of Pennsylvania upheld a determination that a worker was required to pay the full amount of her employer’s lien against her third-party recovery, even though the estimate…




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High Court Splits on IRE Doctor's Ability to Consider Conditions Not Listed on NCP

The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…




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Bill Would Limit Employment Protections for Medical Cannabis Users

Pennsylvania employers would be allowed to make adverse employment decisions against employees and job applicants who legally use medical cannabis, under recently introduced legislation. Senate Bill 1290, introduced Wednesday by Sen. Patrick…




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Injured Worker May Not Set Aside Settlement With Employer

The Commonwealth Court of Pennsylvania ruled that a worker was not entitled to set aside the workers’ compensation settlement she reached with her employer. Case: Clarius v. Rite Aid Corp. (WCAB),…




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Employer Should Have Been Allowed to Set Aside Stipulation Based on Worker's Lies

The Commonwealth Court of Pennsylvania ruled that an employer should have been allowed to set aside its stipulation of facts agreeing to the enlargement of an employee’s claim. Case: VNA of…




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Union Painter's Direct Employer Must Pay Benefits but Can Take Pension Offset

The Commonwealth Court of Pennsylvania upheld a determination that a union painter’s direct employer was liable for his benefits but was entitled to a pension offset — and that the worker had…




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Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process

The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City…




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Court Rejects Another Repetitive Challenge to Constitutionality of IRE Process

The Commonwealth Court of Pennsylvania rejected another repetitive challenge to the constitutionality of the state's new impairment rating evaluation process. Case: Miles v. City of Philadelphia (WCAB), No. 1111 C.D. 2023,…




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Court Upholds Modification of Worker's Status to Partially Disabled

The Commonwealth Court of Pennsylvania upheld the modification of a worker’s status from totally to partially disabled. Case: Hines v. Aria Health (WCAB), No. 708 C.D. 2023, 08/22/2024, unpublished. Facts and procedural…




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WCRI Webinar to Cover System Trends

The Workers Compensation Research Institute is holding a webinar on Oct. 2 to cover key findings from the latest editions of its CompScope Benchmarks and Medical Benchmarks for Pennsylvania, as…




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Court Upholds Employer's Entitlement to Terminate Worker's Benefits

The Commonwealth Court of Pennsylvania upheld an employer’s entitlement to terminate its payment of benefits to an injured worker. Case: Carter-Zimmitt v. City of Philadelphia (WCAB), No. 1597 C.D. 2022, 09/10/2024,…




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Court: WCJ Needs to Revisit Contingency Fee Agreement

The Commonwealth Court of Pennsylvania ordered a workers’ compensation judge to reconsider an agreement providing for a 20% contingency fee from a worker’s medical and indemnity benefits. Case: Elder v. Crane…




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Railway Worker Fails to Prove Ear Injury, Hearing Loss

The Commonwealth Court of Pennsylvania upheld the denial of a railway worker’s claim of injury to his ear and hearing loss. Case: Patrick v. Velocity Rail Solutions Inc. (WCAB), No. 652…




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Court Upholds UR Determination That Worker's Treatments Weren't Necessary

The Commonwealth Court of Pennsylvania upheld a utilization review determination that a worker’s ongoing treatments were neither reasonable nor necessary. Michael Perry worked for the Mid Atlantic Hose Center LLC. He…




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Employer Loses Challenges to Benefits Reinstatement, Expansion of Claim, Penalties

The Commonwealth Court of Pennsylvania rejected an employer’s challenges to orders reinstating a worker’s benefits, the expansion of his claim and the imposition of penalties. Case: Pennsylvania Liquor Control Board v. Berardi (WCAB),…