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Worker Not Entitled to Penalties for Employer's Failure to Pay for Meds

The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties for his employer’s failure to pay for his prescribed medications. Case: Benedict v. Hard Chrome Specialists Inc.




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Employer Doesn't Waive Subrogation Claim

The Commonwealth Court of Pennsylvania overturned a ruling that an employer had waived its subrogation claim for the benefits it paid to an injured worker in a settlement. Case: American General Life Insurance…




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Goldberg Segalla Adds Attorney in Philadelphia

Goldberg Segalla announced the addition of Angela G. DiSanti to the firm’s workers' compensation defense group in Philadelphia. Angela G. DiSanti DiSanti has more than 10 years of experience counseling and…




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Court Upholds Denial of Employer's Petition to Convert Worker's TTD Status to TPD

The Commonwealth Court of Pennsylvania upheld the denial of a municipal employer’s petition to convert an injured worker’s status from temporarily totally disabled to temporarily partially disabled. Lamont Turner worked for…




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Employer That Failed to Provide Treatment for Worker Can Still Direct Future Care

A Missouri appellate court ruled that an employer was entitled to direct a worker’s future medical care even though it had refused to pay for her treatment for more than a…




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Second Injury Fund Not Liable for Worker's PTD

The Missouri Court of Appeals upheld a determination that the Second Injury Fund was not liable for a worker’s permanent total disability benefits for a claimed psychological injury. Norma Huffman worked…




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Court Reinstates Jury Verdict for Worker on Discrimination Claims

The Missouri Court of Appeals reinstated a jury’s verdicts in favor of an injured worker on his disability discrimination claim. Scott Caldwell worked for the UniFirst Corp. as a district sales…




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No Benefits for Worker Allegedly Injured in Stairwell Mishap

The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez…




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Court Overturns Denial of Second Injury Fund Benefits for Airline Mechanic

The Missouri Court of Appeals overturned a denial of Second Injury Fund benefits to a long-time aircraft mechanic with a multitude of injuries. James Eckardt spent over 40 years working as…




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Worker Can't Proceed With Civil Suit Against Statutory Employer

A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,…




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Missouri Employers Mutual Rebrands Ahead of Privatization

Missouri Employers Mutual announced a new brand identity, MEM, that unites the work comp carrier and its subsidiary, Previsor, under a single banner. The rebranding coincides with the carrier’s transition to…




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Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of…




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High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…




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Goldberg Segalla Adds to Orange County, San Francisco Offices

Goldberg Segalla announced the addition of attorneys to its workers’ compensation defense practice groups in San Francisco and Orange County, California. Lynet’ D. Shigg  joined the firm’s San Francisco practice group,…




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Assembly Passes Measure Extending 4850 Time to Park Rangers

The California Assembly unanimously passed a bill that would allow county park rangers to receive salary continuation benefits in lieu of temporary disability. Sen. Angelique Ashby The Assembly on Thursday voted…




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Senate Passes Bill to Prolong Electronic Payment Authorization

The California Senate unanimously passed a bill that would allow carriers to continue using debit cards to pay benefits for another two years. The Senate on Monday voted 38-0 to pass…




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Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity'

California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended…




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Some Claims Stricken in Dispute Between Company's Founding Partners

A California appellate court ruled that some claims in a dispute between the founding partners of a factoring company should have been dismissed. In 2010, Ari Resnick and Dr. Ismael Silva Jr.




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CWCI Publishes Report on Average Benefit Payments

The California Workers’ Compensation Institute published a report on trends in average benefit payments valued 24 months from the date of injury. CWCI reports average medical payments started declining two years…




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Legislature Passes Farmworker Heat Injury Bill

The California Assembly voted to send Gov. Gavin Newsom a bill that would create the presumption that heat injuries and illnesses arose out of employment for agricultural workers whose employers…




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WCAB Lacks Jurisdiction to Act on Petition for Recon Over 60 Days After Filing

A California appellate court ruled that the Workers’ Compensation Appeals Board lacks jurisdiction to act on a petition for reconsideration more than 60 days after it was filed. Joseph Mayor worked…




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Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators

The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended…




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Assembly Passes State Licensing Requirement for UR Docs

The California Assembly passed a bill that would require some doctors who perform utilization reviews to be licensed in the state. The Assembly on Thursday voted 54-13 to pass SB 636,…




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Subcontractor Can't Demand Payment for Work Done Without Comp Coverage

A California appellate court ruled that a subcontractor on a construction project was not entitled to pursue payment for its work because it failed to maintain workers’ compensation coverage. Case: American Building Innovation LP…




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WCAB Consolidates Cases in Attorney Fee Dispute

The Workers’ Compensation Appeals Board issued an en banc decision Wednesday consolidating five cases to resolve a dispute over how to split fees between an injured worker’s current and former…




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Safety Regulators Remind Employers to Protect Workers From Smoke

The California Division of Occupational Safety and Health reminds employers of the requirement to protect their workers from unhealthy air as wildfires in the southern part of the state fill…




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WCIRB Actuarial Committee Meets Tuesday

The Workers’ Compensation Insurance Rating Bureau of California’s Actuarial Committee will review insurer experience reports during a meeting Tuesday. Committee members will discuss the report evaluating insurer experience as of June 30,…




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CalChamber Urges Veto of Ag Worker Heat Injury Presumption

The California Chamber of Commerce on Thursday issued a statement urging Gov. Gavin Newsom to veto a bill that would create a presumption of compensability for certain heat-related injuries suffered…




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Privette Doctrine Shields General Contractor From Liability to Subcontractor's Employee

A California appellate court ruled that the Privette doctrine shielded a general contractor from civil liability to a subcontractor’s injured employee. Case: Luna v. Crane Development Corp., No. D081692, 09/20/2024, unpublished. Facts:…




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Pacific Workers' Law Adds Yuvanna M. Davis to Firm

Pacific Workers’ Compensation Law Center in Oakland hired Yuvanna M. Davis as a workers’ compensation attorney. Yuvanna M. Davis The firm said Davis has a strong background in workers’ rights and…




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Governor Signs Bill to Delay Comp Mandate for Contractors

California Gov. Gavin Newsom signed a bill delaying by two years the implementation of a universal workers’ compensation coverage requirement for all contractors. The bill Newsom signed Sunday also includes a…




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Employer Gets Relief From Default in Dispute Over Comp Premiums

A California appellate court ruled that an employer was entitled to relief from its default in a dispute over allegedly unpaid workers’ compensation premiums. Case: Creditor’s Adjustment Bureau Inc. v. Bathe,…




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WCIRB Promotes Tony Milano to EVP, Chief Actuary

The Workers’ Compensation Insurance Rating Bureau of California on Thursday announced the promotion of Tony Milano to executive vice president and chief actuary. Tony Milano “Tony’s promotion to our Senior Leadership…




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Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error

A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…




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CWCI Posts Summary of 2024 Legislation

The California Workers’ Compensation Institute published a bulletin listing bills of interest that Gov. Gavin Newsom enacted this year. The bulletin lists bills including AB 1239, which allows carriers to continue…




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DWC Posts Quarterly Adjustment to Hospital, ASC Fees

The California Division of Workers’ Compensation posted an order adopting the latest quarterly update to the outpatient hospital and ambulatory surgery center section of the Official Medical Fee Schedule. The division…




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Pharmacy and Therapeutics Committee Meets Oct. 16

The California Division of Workers’ Compensation Pharmacy and Therapeutics Committee is meeting virtually on Oct. 16. The 2015 bill that directed the DWC to create a prescription drug formulary also created…




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DWC Opens Second 15-Day Comment Period for Pharmacy Rules

The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…




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WCRI Finds Medical Payments 10% Below Median in Golden State

The Workers Compensation Research Institute reports that average medical payments per claim in California were 10% below the median of a 17-state study. California saw little change in payments per claim…




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2nd DCA Publishes Decision on Admissibility of Expert Testimony in FELA Case

A California appellate court has ordered the publication of its decision from last month finding that a trial judge prejudicially erred in excluding the testimony of a railway worker’s expert…




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Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…




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Insolvency Pool Can't Collect From Carrier for Staffing Service's Client

The Georgia Court of Appeals upheld a finding that the state Insurers Insolvency Pool did not have a right to reimbursement from the insurer of a business using a staffing…




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Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




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Widow Misses Deadline to Challenge Denial of Claim by 1 Day

The Georgia Court of Appeals upheld the dismissal of a widow’s challenge to the denial of her claim for death benefits as time-barred. Case: Coffman v. Barnsley Consulting Group, No. A24A0740,…




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Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




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Employer Entitled to Dismissal of Worker's Retaliation Claim

The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,…




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Employer Faces Civil Liability for Fatal Shooting

The Georgia Court of Appeals ruled that an employer can face civil liability for the death of an employee who was shot at work by a colleague. Solo Cup Operating Corp.




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Tire Maker Fined $271,930 for Fatal Injury

Federal workplace safety inspectors fined a tire maker in Georgia $271,930 for safety violations allegedly uncovered during the investigation of a fatal accident. Steven Brookins, 57, died April 10 at a…




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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




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Governor Approves Legacy Court, Mental Health Bills

Oklahoma Gov. Kevin Stitt signed bills creating a new venue for legacy claims and covering public safety workers with mental health claims that aren’t accompanied by a physical injury. Stitt on…