The Virginia Court of Appeals upheld the denial of a poultry processing plant worker’s claim for injuries from an unexplained fall. Case: Gutierrez v. Perdue Farms Inc., No. 0176-23-2, 05/21/2024, unpublished. Facts:…

The Virginia Court of Appeals upheld a determination that a firefighter with an aortic aneurysm had presumptively occupational heart disease. Case: Hanover County v. Moore, No. 0715-23-2, 07/09/2024, unpublished. Facts: Scott Moore…

The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund…

The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. John Edelblute…

The Virginia Court of Appeals upheld an award of benefits for a worker’s mental health treatment after her on-the-job injury. Case: Virginia Commonwealth University v. Miller, No. 1859-23-2, 08/20/2024, unpublished. Facts: Sabrina…

The Virginia Court of Appeals upheld an award of inpatient residential care at an assisted living facility for a worker with a traumatic brain injury. Case: Rockingham County School Board v.

The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist…

The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…

The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for…

The West Virginia Intermediate Court of Appeals affirmed the denial of a worker’s application for permanent total disability. Case: Murray American Energy Inc. v. Harshey, No. 24-ICA-73, 07/30/2024, unpublished. Facts: Dustin Harshey…

The West Virginia Intermediate Court of Appeals upheld the denial of a worker’s claim for injuries allegedly suffered while assisting a colleague having a medical emergency. Case: Hollandsworth v. Workforce West…

The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.

The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:…

A federal appellate court rejected an employer’s challenge to the deadlines for submitting evidence to contest its liability for black lung benefits. Case: Hobet Mining Co. v. Workman, No. 23-1126, 08/02/2024,…

The West Virginia Supreme Court upheld an award of benefits to a worker for his electric shock injury. Case: Quanta Services Inc. v. Bolling, No. 23-420, 08/01/2024, published. Facts: Zachary Bolling worked for…

A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…

The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…

The West Virginia Supreme Court upheld an award for an additional 22% permanent partial disability to a worker for her ankle injury. Case: Butler v. D&D Quality Care Inc., No. 23-147, 08/01/2024,…

West Virginia’s Intermediate Court of Appeals upheld a determination that a worker had a 0% impairment despite his many years of occupational exposure to coal dust. Case: Jarrell v. Blackhawk Mining…

The West Virginia Intermediate Court of Appeals upheld a finding that a worker was entitled to an additional permanent partial disability award. Case: Zavala v. Concrete Pipe & Precast Martinsburg, No.

West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s award of benefits for a back injury. Case: ACNR Resources Inc. v. Knight, No. 24-ICA-121, 09/04/2024, unpublished. Facts: Matthew Knight…

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Sesco v. Brooks Run South Mining LLC, No. 24-ICA-138, 09/04/2024, unpublished. Facts: Granville…

The West Virginia Supreme Court upheld the denial of permanent partial disability benefits for a worker with a back injury. Case: Helmandollar v. Blackhawk Mining LLC, No. 23-430, 09/30/2024, published. Facts: Marion Helmandollar…

West Virginia’s Intermediate Court of Appeals upheld a 1% permanent partial disability award for a worker’s knee injury. Case: Davis v. Charleston Area Medical Center Inc., No. 24-ICA-131, 10/01/2024, published. Facts: Thomas…

The Minnesota Supreme Court ruled that an injured employee’s right to assert a direct claim for unpaid medical expenses is not precluded by a medical provider’s failure to intervene in…

The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings. The attorney will also provide legal advice to department staff…

A federal appellate court upheld the summary dismissal of an injured mechanic’s claim for disability discrimination. Case: Goosen v. Minnesota Department of Transportation, No. 23-2360, 06/24/2024, published. Facts: Robert Wayne Goosen worked…

The Minnesota Department of Labor and Industry announced that starting Aug. 1, a new penalty of $500 can be assessed to health care provider agents who violate certain laws relating…

The Minnesota Department of Labor and Industry opened registration for a mandatory rehabilitation provider update webinar being held Sept. 13. The webinar will cover topics including a department update, legislative and rule…

The Minnesota Occupational Safety and Health Administration cited trucking Wayne Transports Inc. after a worker died in a confined space. Justin Erickson, 39, was found dead in the tank of a tanker…

The Minnesota Department of Labor and Industry announced that it will open registration Monday for its one-day Workers’ Compensation Summit set for Oct. 29. Session topics will include a legislative update…

The Minnesota Court of Appeals upheld the summary dismissal of a worker’s civil suit against his supervisor for his injuries from motor vehicle accident caused when the supervisor fell asleep…

Colorado’s Pinnacol Assurance urged the state’s employers to be proactive in reviewing and enhancing their vehicle safety protocols, saying heavily traveled roads during summer months increase the risk of accidents. Pinnacol…

The Colorado Court of Appeals ruled that an administrative law judge had jurisdiction to determine whether an employer made an overpayment after it issued an admission of liability for a specific…

In a case of first impression, the Colorado Court of Appeals ruled that when assessing whether a worker is at maximum medical improvement, a physician may consider all relevant body…

The Colorado Supreme Court ruled that when a worker is injured in the course of his employment by the acts of an underinsured third-party tortfeasor, workers’ compensation exclusivity does not bar him…

A Texas appellate court ruled that a public school district was immune from civil liability to a former employee on her retaliatory discharge claim. Case: Conroe Independent School District v. Osuna,…

A Texas appellate court ruled that a temporary employment provider’s employee could not pursue a civil remedy against his employer’s client for an on-the-job injury. Case: Waeli v. BWFS Industries LLC,…

A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit…

The Texas Division of Workers’ Compensation announced that any interest or discount rates used in the third fiscal quarter must be 8.57%, up from the 8.55% rate used for the…

A Texas appellate court ruled that a worker’s death in a motorcycle accident while retrieving his company-issued laptop from home was not compensable. Michael Evans was a safety consultant for Xcel…

The Texas Department of Insurance on Tuesday announced that the former co-owner of Bill Hall Jr. Trucking was sentenced to 10 years of deferred adjudication and ordered to pay restitution…

The Texas Division of Workers’ Compensation posted proposed changes to its pharmacy benefit rules that remove obsolete provisions and update reference language for consistency with other regulations. “When the rules were originally adopted,…

The Texas Division of Workers’ Compensation is holding its regular quarterly stakeholder meetings for carriers and providers Sept. 5. The provider quarterly meeting will cover topics including designated doctor billing rules,…

A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…

A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Robert Lane worked for Odle Inc. After he allegedly suffered…

The Texas Division of Workers’ Compensation proposed rules to ensure that the agency is notified of an employee’s death before the Subsequent Injury Fund issues a lifetime income benefit payment. The…

The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to…

A Texas appellate court dismissed an insurance carrier’s challenge to a trial judge’s finding of compensability for a worker’s death, ruling that the judgment entered had been void. Case: Texas Mutual…

Federal workplace safety regulators fined a Texas manufacturer and designer of school furniture, saying the company could have prevented an injury by installing machine guards. The Occupational Safety and Health Administration…