y Supreme Court Says Employer Can't Contract to Create Liability for Negligence By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 The Oklahoma Supreme Court ruled that an employer may not contractually create common-law negligence liability by setting additional nonemployer roles or capacities when the liability is based on the same physical… Full Article
y Co-Employee Immunity Requires Both Workers to Be in COE/SOE By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that an employee who injures a colleague must be acting within the course and scope of employment when the incident occurs to receive the… Full Article
y Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims By ww3.workcompcentral.com Published On :: Thu, 27 Jun 2024 00:00:00 -0700 A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis… Full Article
y WCC Provides Contact Info for New Legacy Court By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Commission provided contact information for the newly created court that will hear legacy claims from before the 2014 reforms that created the state’s administrative program. Gov. Kevin… Full Article
y Court of Existing Claims Announces Preliminary Review Docket By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The Oklahoma Workers’ Compensation Court of Existing Claims is implementing a preliminary review docket for active cases pending as of July 1. The court’s preliminary review docket will be held at… Full Article
y Court Says Worker's Lies Don't Forfeit Entitlement to Benefits By ww3.workcompcentral.com Published On :: Thu, 17 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld an award of benefits for a man with a rapid-repetitive-motion injury and that he did not forfeit his entitlement to benefits by lying about his medical… Full Article
y No Permanent Total Disability Benefits for Worker Who Lost Eye By ww3.workcompcentral.com Published On :: Wed, 23 Oct 2024 00:00:00 -0700 The Arkansas Court of Appeals upheld a determination that a worker was not permanently and totally disabled by the loss of her left eye. Case: Murphy v. Arkansas Department of Correction,… Full Article
y Court Upholds Causal Connection Between Coal Worker's Employment, Pneumoconiosis By ww3.workcompcentral.com Published On :: Fri, 17 May 2024 00:00:00 -0700 A federal appellate court upheld a finding that a worker’s coal mine employment caused his pneumoconiosis. Case: Lance Coal Corp. v. OWCP, No. 23-3779, 05/09/2024, unpublished. Facts: Virgil Combs worked for Lance… Full Article
y Rating Bureau, Comp Commission Ready New Websites By ww3.workcompcentral.com Published On :: Thu, 23 May 2024 00:00:00 -0700 California’s Workers’ Compensation Insurance Rating Bureau and the Oklahoma Workers’ Compensation Commission on Wednesday announced plans to launch new websites. The Oklahoma Workers’ Compensation Commission announced that it will unveil its… Full Article
y OccMD Names Cheryl Killion Director of Nurse Case Management By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 Medical management firm OccMD on Tuesday announced the appointment of Cheryl Killion as the new director of nurse case management effective June 1. Killion has served as a senior nurse case… Full Article
y Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late By ww3.workcompcentral.com Published On :: Wed, 29 May 2024 00:00:00 -0700 A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day… Full Article
y Regulatory Preamble Can Support Award of Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 A federal appellate court ruled that an administrative law judge did not err in relying on a regulatory preamble to support an award of black lung benefits to a veteran… Full Article
y Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No. Full Article
y DOL Proposes Indoor, Outdoor Heat Safety Rules By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 The U.S. Department of Labor released a proposed rule that would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive… Full Article
y Bill Would Allow Treatment by Physician Assistants, Nurse Practitioners By ww3.workcompcentral.com Published On :: Tue, 09 Jul 2024 00:00:00 -0700 Physician assistants and nurse practitioners would be authorized to treat injured federal workers under a bill being debated in the U.S. House of Representatives. HR 618, by Rep. Tim Walberg, R-Mich., would add… Full Article
y Truck Driver's Work Counts as Coal Mine Employment for Black Lung Benefits By ww3.workcompcentral.com Published On :: Fri, 12 Jul 2024 00:00:00 -0700 A federal appellate court upheld an award of compensation under the Black Lung Benefits Act to a worker, finding that the time he spent as a truck driver was “substantially… Full Article
y Senate Committee Report Says Amazon Injury Rate Spikes for Prime Day, Holidays By ww3.workcompcentral.com Published On :: Wed, 17 Jul 2024 00:00:00 -0700 Amazon warehouses are particularly unsafe during Prime Day and the holiday season because the company disregards safety protocols so workers can keep up with the high volume of orders, according… Full Article
y WCRI Webinar to Cover Trends in Drug Payments By ww3.workcompcentral.com Published On :: Thu, 18 Jul 2024 00:00:00 -0700 The Workers Compensation Research Institute is holding a 30-minute webinar Aug. 1 to discuss key findings from its study of interstate variation and trends in work comp drug payments. The WCRI… Full Article
y Court Dismisses Employer's Challenge to Review Board Order By ww3.workcompcentral.com Published On :: Fri, 19 Jul 2024 00:00:00 -0700 The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under… Full Article
y DOL Says Injunction Protects Against Retaliation By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. Department of Labor said a federal court in Washington state issued an injunction preventing the U.S. Postal Service from retaliation against employees. The department said the injunction was part… Full Article
y Railway Worker Loses Challenge to Dismissal of Retaliation Claim By ww3.workcompcentral.com Published On :: Tue, 23 Jul 2024 00:00:00 -0700 The U.S. 8th Circuit Court of Appeals denied review of a railway worker’s challenge to the dismissal of his claim he had been terminated in retaliation for his successful pursuit… Full Article
y Attorney Can't Seek Fees After Client Settles LHWCA Claim By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 A federal appellate court ruled that the former attorney for a claimant seeking benefits under the Longshore and Harbor Workers’ Compensation Act could not seek an award of fees after… Full Article
y DOL Seeks Nominations for Advisory Committee on Occupational Safety By ww3.workcompcentral.com Published On :: Mon, 29 Jul 2024 00:00:00 -0700 The U.S. Department of Labor is seeking nominations for four positions on the National Advisory Committee on Occupational Safety and Health. The department said it is seeking one public representative, one… Full Article
y DOL: Maersk Agrees to Stop Retaliating Against Workers Who Report Safety Concerns By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 Shipping giant Maersk Line Ltd. agreed to end a policy requiring workers to notify the company of any safety concerns before contacting the Coast Guard, the U.S. Department of Labor announced. Maersk… Full Article
y Travelers Publishes 2024 Injury Impact Report By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Travelers Cos. said a review of more than 1.2 million work comp claims from 2017 to 2021 revealed that overexertion was the most frequent cause of injury, but slips,… Full Article
y Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained… Full Article
y Federal Court Creates Circuit Split on Liability for Black Lung Benefits By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed… Full Article
y Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow By ww3.workcompcentral.com Published On :: Wed, 28 Aug 2024 00:00:00 -0700 A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley… Full Article
y Safety Inspectors Cite Employers for Silica Violations By ww3.workcompcentral.com Published On :: Fri, 30 Aug 2024 00:00:00 -0700 Workplace safety regulators in California and Washington state proposed nearly $500,000 in penalties for 10 employers accused of exposing workers to crystalline silica dust. The California Division of Occupational Safety and… Full Article
y NCCI Study Finds Average Impairment Rating of 6.5% By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 The National Council on Compensation Insurance said its analysis of impairment ratings in 33 states plus the District of Columbia found that the average whole-body impairment rating for permanently disabled… Full Article
y DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver… Full Article
y DOL Awards $12.7M in Workplace Safety Grants By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. Labor Department on Thursday announced that it awarded $12.7 million to 102 nonprofits throughout the country to pay for educational and training initiatives aimed at improving workplace safety. Funds… Full Article
y Court Rejects Employer's Challenge to Black Lung Award By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 The U.S. 4th Circuit Court of Appeals denied an employer’s challenge to an award of black lung benefits to a longtime coal mine employee. Case: Consol of Kentucky Inc. v. Adams,… Full Article
y Enlyte Launches Physical Medicine Network By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 Enlyte on Thursday announced the launch of Apricus Physical Medicine, a network for rehabilitation services, including occupational therapy and physical therapy. Enlyte said its specialty network brand will provide injured workers… Full Article
y Rail Company Owes $453,510 to Workers Fired Over Safety Concerns By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 A federal judge ordered CSX Transportation Inc. to pay $453,510 to two railroad workers who were fired after raising workplace safety concerns in 2017. The judge also ordered the company to… Full Article
y Goldberg Segalla Adds Attorneys in Philadelphia, Baltimore By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 Goldberg Segalla announced the addition of new attorneys to its workers' compensation defense offices in Philadelphia and Baltimore. Beteley T. Mulatu The firm added Angelina Nordeman to its work comp practice… Full Article
y NCCI: Temperature, Precipitation Linked to Frequency By ww3.workcompcentral.com Published On :: Fri, 18 Oct 2024 00:00:00 -0700 Frequency increases modestly but consistently as temperatures climb, according to a study by the National Council on Compensation Insurance. NCCI said that starting around 50 degrees, there is about a 1%… Full Article
y Supreme Court Overturns Finding of No Liability for Second Injury Fund By ww3.workcompcentral.com Published On :: Tue, 14 May 2024 00:00:00 -0700 The Iowa Supreme Court overturned a finding that the Second Injury Fund was not liable for a worker’s permanent total disability after she suffered two different leg injuries. Case: Delaney v. Full Article
y Worker Gets PTD Benefits After Symptoms Shift From Left Side of Body to Right By ww3.workcompcentral.com Published On :: Fri, 06 Sep 2024 00:00:00 -0700 The Iowa Court of Appeals upheld an award of permanent total disability benefits for a worker who experienced issues on his left side after a back injury before symptoms shifted to… Full Article
y Court Tosses Appeal of Stay Order as Moot By ww3.workcompcentral.com Published On :: Thu, 03 Oct 2024 00:00:00 -0700 The Iowa Court of Appeals dismissed an appeal from an order staying enforcement of a workers’ compensation award pending judicial review because the review process was completed. Case: H.D. Supply Management Inc. v. Full Article
y Supreme Court Suspends Attorney Who Mishandled Comp Cases By ww3.workcompcentral.com Published On :: Tue, 08 Oct 2024 00:00:00 -0700 The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court… Full Article
y Employers Required to Use Revised Work Comp Notice Poster in September By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing… Full Article
y Worker Can't Sue Over Accident Caused by Colleague in Parking Lot By ww3.workcompcentral.com Published On :: Mon, 23 Sep 2024 00:00:00 -0700 The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was… Full Article
y Contractor Fined for Safety Violations That Caused Worker's Death By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part… Full Article
y Report: Lawmaker Failed to Report Outside Employment While Collecting Comp By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 The Connecticut Insider on Wednesday reported that a state lawmaker received more than $100,000 in workers’ compensation benefits despite having three outside sources of income that he never disclosed. Sen. Paul… Full Article
y Statute of Limitations Ends Inquiry Into Senator's Comp Claim By ww3.workcompcentral.com Published On :: Mon, 15 Jul 2024 00:00:00 -0700 The Connecticut Division of Criminal Justice said it ended an inquiry into a state senator who allegedly did not disclose that he was working while collecting workers’ compensation benefits, saying… Full Article
y Split Court Says MMI Finding Isn't Prerequisite to Receive Permanent Disability By ww3.workcompcentral.com Published On :: Wed, 07 Aug 2024 00:00:00 -0700 A finding that an injured worker is totally incapacitated does not create an entitlement to permanent disability benefits as a matter of law, a split Connecticut Supreme Court said in… Full Article
y Res Judicata Doesn't Bar Employer's Claims Against Former Comp Carrier By ww3.workcompcentral.com Published On :: Thu, 22 Aug 2024 00:00:00 -0700 The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still… Full Article
y Senators Float Classifying Substance Abuse as Occupational Hazard By ww3.workcompcentral.com Published On :: Tue, 03 Sep 2024 00:00:00 -0700 Two senators in Connecticut announced plans to introduce legislation that would treat substance abuse as an occupational hazard. “If a worker is injured on the job, they receive treatment, but if… Full Article
y Court Upholds Finding That City Can Offset Benefits for Former Fire Chief By ww3.workcompcentral.com Published On :: Wed, 09 Oct 2024 00:00:00 -0700 The Connecticut Appellate Court decided that a city was no longer liable for benefits to its former fire chief under a pension offset and that its appeal regarding benefits, interest and… Full Article