y Court Didn't Abuse Discretion in Denying Sanctions Without Hearing By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 A trial court did not abuse its discretion by denying a post-dismissal motion for sanctions without first holding a hearing, an Ohio appellate court ruled. Michael Shields worked as a mechanic… Full Article
y BWC Awards $9.4M in Grants for Safety Projects By ww3.workcompcentral.com Published On :: Tue, 06 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation awarded $9.4 million in grants for workplace safety projects. The Workforce Safety Innovation Grants disbursed this year are funding four proof-of-concept projects and four prototype… Full Article
y Business Owner Pleads Guilty to Workers' Comp Fraud By ww3.workcompcentral.com Published On :: Mon, 26 Aug 2024 00:00:00 -0700 The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received… Full Article
y Court Rejects Employer's Challenge to Loss-of-Use Award By ww3.workcompcentral.com Published On :: Thu, 29 Aug 2024 00:00:00 -0700 An Ohio appellate court rejected an employer’s challenge to a loss-of-use award to a worker who underwent a partial surgical amputation of his foot. Case: State ex rel. Randstad North America… Full Article
y Employer Not Entitled to Relief From VSSR Award By ww3.workcompcentral.com Published On :: Tue, 10 Sep 2024 00:00:00 -0700 An Ohio appellate court ruled that an employer was not entitled to relief from an enhanced award of benefits to a worker because it violated a specific safety regulation. Keith Rice… Full Article
y Worker's Fraud Results in Award Declared Overpayment By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 An Ohio appellate court rescinded a worker’s award of permanent total disability benefits, finding he had engaged in fraud by collecting compensation while he was working. Kenneth G. Holbrook worked for… Full Article
y Public University Employee Can't Maintain Tort Suit for Campus Accident By ww3.workcompcentral.com Published On :: Fri, 11 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of… Full Article
y No PTD for Worker With Residual Work Capacity By ww3.workcompcentral.com Published On :: Wed, 16 Oct 2024 00:00:00 -0700 An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,… Full Article
y BWC Announces $30M in Safety Grants By ww3.workcompcentral.com Published On :: Mon, 11 Nov 2024 00:00:00 -0800 The Ohio Bureau of Workers' Compensation announced it is offering up to $30 million in funding for safety grants to support research and development of equipment and technology to protect… Full Article
y Mediation Process for Comp Claims Not Mandatory By ww3.workcompcentral.com Published On :: Fri, 07 Jun 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,… Full Article
y Supreme Court Says TTD Award Not Immediately Appealable By ww3.workcompcentral.com Published On :: Thu, 20 Jun 2024 00:00:00 -0700 The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Full Article
y Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier By ww3.workcompcentral.com Published On :: Wed, 10 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial… Full Article
y Workplace Safety Regulators Set Training Event By ww3.workcompcentral.com Published On :: Thu, 11 Jul 2024 00:00:00 -0700 The Kentucky Division of Occupational Safety and Health is holding a free safety training event this month. The four-day event will include sessions exploring effective safety and health management programs and… Full Article
y Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,… Full Article
y Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury By ww3.workcompcentral.com Published On :: Wed, 31 Jul 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for… Full Article
y Worker Gets No TTD for Time After Termination Until Back Surgery By ww3.workcompcentral.com Published On :: Tue, 20 Aug 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he… Full Article
y Attorney Suspended for Misconduct By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was… Full Article
y Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition By ww3.workcompcentral.com Published On :: Tue, 27 Aug 2024 00:00:00 -0700 The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter… Full Article
y Court Upholds Award for Worker With Cumulative Trauma Back Injury By ww3.workcompcentral.com Published On :: Mon, 09 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper… Full Article
y Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury By ww3.workcompcentral.com Published On :: Mon, 16 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and… Full Article
y Carrier Not Obligated to Pay Worker's Belatedly Submitted Bills By ww3.workcompcentral.com Published On :: Tue, 17 Sep 2024 00:00:00 -0700 The Kentucky Court of Appeals ruled that an insurance carrier had no obligation to pay a worker's medical bills that were submitted more than 45 days after the treatments were rendered. Case: Shepherd… Full Article
y Court Upholds Calculation of Worker's AWW, Denial of Statutory Multiplier By ww3.workcompcentral.com Published On :: Tue, 15 Oct 2024 00:00:00 -0700 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… Full Article
y AWW Calculation Includes Lump-Sum Vacation Pay By ww3.workcompcentral.com Published On :: Thu, 24 Oct 2024 00:00:00 -0700 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… Full Article
y Supreme Court Says Traveling Worker Suffered Compensable Fall While Souvenir Shopping By ww3.workcompcentral.com Published On :: Wed, 30 Oct 2024 00:00:00 -0700 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… Full Article
y Maximum Weekly Benefits Increasing 4.84% By ww3.workcompcentral.com Published On :: Tue, 04 Jun 2024 00:00:00 -0700 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… Full Article
y DLI Rules Would Authorize Max Penalty for Misclassification By ww3.workcompcentral.com Published On :: Mon, 08 Jul 2024 00:00:00 -0700 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… Full Article
y Lack of Objective Medical Evidence Results in Summary Denial of TTD Claim By ww3.workcompcentral.com Published On :: Thu, 15 Aug 2024 00:00:00 -0700 The Montana Workers’ Compensation Court granted summary judgment denying a worker’s request for additional temporary total disability benefits because he failed to offer objective medical findings of his alleged chronic headaches. Case:… Full Article
y JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 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,… Full Article
y Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party By ww3.workcompcentral.com Published On :: Fri, 24 May 2024 00:00:00 -0700 A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School… Full Article
y Governor Approves Pay Raise for Doctors Treating First Responders By ww3.workcompcentral.com Published On :: Fri, 31 May 2024 00:00:00 -0700 Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice… Full Article
y Judge Whiffs in Calculating Pro Baseball Player's Average Weekly Wage By ww3.workcompcentral.com Published On :: Fri, 14 Jun 2024 00:00:00 -0700 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… Full Article
y Employer Entitled to Recover Full Lien From Worker's Third-Party Settlement By ww3.workcompcentral.com Published On :: Tue, 16 Jul 2024 00:00:00 -0700 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… Full Article
y Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order By ww3.workcompcentral.com Published On :: Thu, 25 Jul 2024 00:00:00 -0700 A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and… Full Article
y Cashier Shot During Robbery Leads to OSHA Fines for Circle K By ww3.workcompcentral.com Published On :: Fri, 16 Aug 2024 00:00:00 -0700 Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men… Full Article
y Employer Should Have Been Granted Continuance After Doctor's Unexpected Change in Opinion By ww3.workcompcentral.com Published On :: Fri, 08 Nov 2024 00:00:00 -0800 A Florida appellate court ruled that an employer should have been granted a continuance after its medical expert expressed an unforeseen change in opinion shortly before the scheduled hearing on… Full Article
y House Passes Amended MDMA Therapy Bill for First Responders By ww3.workcompcentral.com Published On :: Thu, 13 Jun 2024 00:00:00 -0700 Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House… Full Article
y Worker's Request for Hearing Dismissed as Untimely By ww3.workcompcentral.com Published On :: Wed, 03 Jul 2024 00:00:00 -0700 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… Full Article
y ALJ Abuses Discretion in Denying Worker's Request for Relief By ww3.workcompcentral.com Published On :: Wed, 24 Jul 2024 00:00:00 -0700 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… Full Article
y Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing By ww3.workcompcentral.com Published On :: Fri, 09 Aug 2024 00:00:00 -0700 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… Full Article
y ICA Names New Safety and Health Program Manager By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 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… Full Article
y Court Upholds Dismissal of Municipal Employee's Tort Suit Against Employer By ww3.workcompcentral.com Published On :: Tue, 21 May 2024 00:00:00 -0700 A Louisiana appellate court upheld the summary dismissal of a municipal employee’s suit against her employer for her injuries from a fall allegedly caused by the city’s negligence in maintaining… Full Article
y Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits By ww3.workcompcentral.com Published On :: Wed, 22 May 2024 00:00:00 -0700 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… Full Article
y Lawmakers Pass Bill Limiting Recovery for Misclassification By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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. Full Article
y Court Upholds Award for Carpal Tunnel, Denies Employer's Request to Take Offset By ww3.workcompcentral.com Published On :: Thu, 05 Sep 2024 00:00:00 -0700 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… Full Article
y Federal Court Finds Worker Doesn't Qualify as Jones Act Seaman By ww3.workcompcentral.com Published On :: Thu, 12 Sep 2024 00:00:00 -0700 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… Full Article
y Appeals Court Partially Reverses Employer's Win By ww3.workcompcentral.com Published On :: Fri, 20 Sep 2024 00:00:00 -0700 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… Full Article
y Injured Firefighter Successfully Challenges Reduction in Benefits By ww3.workcompcentral.com Published On :: Tue, 22 Oct 2024 00:00:00 -0700 A Louisiana appellate court ruled that an injured firefighter’s benefits were wrongly reduced and that he was entitled to full reinstatement, plus an award of penalties and attorney fees. Case: Prevost… Full Article
y Supreme Court Says Injured Worker Using False Identity Can't Pursue 3rd Party Tort Claim By ww3.workcompcentral.com Published On :: Tue, 29 Oct 2024 00:00:00 -0700 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… Full Article
y WCC: Amended Rules Allow Electronic Payment By ww3.workcompcentral.com Published On :: Mon, 03 Jun 2024 00:00:00 -0700 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… Full Article
y Supreme Court Reinstates PTD Award for Worker With Back Injury By ww3.workcompcentral.com Published On :: Fri, 28 Jun 2024 00:00:00 -0700 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… Full Article