Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?

Top Stories

LA - Worker Gets Benefits, Fees, Penalties for Offer of Inappropriate Job

03/27/2024 | 0

A Louisiana appellate court upheld a finding that a worker was entitled to benefits, fees and penalties because her employer failed to offer her a suitable position after she twice injured her shoulder at work. Gaynell Finister worked as an environmental services supervisor at the Golden Nugget in Lake Charles. In November 2018, Finister sustained a shoulder injury at work while attempting to break up an altercation between two employees. GNLC paid her benefits for the injury. Just eight days after returning to work, Finister sustained a second shoulder injury when reaching to grab her ... Read More

WV - Supreme Court Finds Miner's Pneumoconiosis Didn't Contribute to His Death

03/27/2024 | 0

The West Virginia Supreme Court upheld a determination that a worker’s occupational pneumoconiosis did not materially contribute to his death. Case: Delung v. Speed Mining LLC, No. 22-0145, 03/20/2024, published. Facts: Russell Delung worked for Speed Mining LLC. He died in July 2015 at the age of 60. His death certificate stated that the immediate cause of death was metastatic squamous cell carcinoma due to stage 4 esophageal carcinoma. The other significant conditions listed as contributing to Delung's death were anemia, leukocytosis and hypertension. Procedural histo... Read More

NY - Worker, Defendants Each Get Partial Summary Judgment on Labor Law Claims

03/27/2024 | 0

A New York appellate court ruled that a worker was entitled to partial summary judgment on his Labor Law claim but that the defendants were also entitled to dismissal of some of his claims. Case: Linares v. Massachusetts Mutual Life Insurance Co., No. 150159/18, 03/21/2024, published. Facts: Capital Builders Group Inc. was the general contractor on a project to renovate residential apartments. Capital hired Tolmac Contracting Inc. as a subcontractor to do drywall, taping and compound work. Jose Linares worked for Tolmac. He was injured in a fall while performing taping and compoun... Read More

NY - Court Tosses Employer's Challenge to Board's Interpretation of Subpoena Rules

03/27/2024 | 0

A New York appellate court tossed an employer’s appeal challenging a decision by the Workers’ Compensation Board regarding its interpretation of the statutory and regulatory scheme of issuing subpoenas for the deposition of medical providers. Case: Matter of Talarico v. Niagara County Department of Social Services, No. 535782, 03/21/2024, published. Facts: Deborah Talarico was a caseworker for the Niagara County Department of Social Services. She slipped and fell while leaving a home visit with a client and allegedly sustained injuries to her lower back, left hip and left elbow. ... Read More

Sponsored Content

Press - Centre for Neuro Skills Promotes Dallas-based Dr. Stefanie Howell to Director of Research Integration

03/12/2024 | 0

Centre for Neuro Skills Promotes Dallas-based Dr. Stefanie Howell to Director of Research Integration Bakersfield, Calif. (March 12, 2024) – Centre for Neuro Skills (CNS), a leader in traumatic brain injury and stroke rehabilitation services, today announced the promotion of Stefanie N. Howell, Ph.D., CBIS, to director of research integration. “Stefanie has been integral to Centre for Neuro Skills’ research program, looking closely at how we can not only improve the lives of our patients but people with brain injuries everywhere,” said David Harrington, president and CEO of Centre fo... Read More

Post Your Press Release Here!
Industry Insights

NATL. - Langham: Shootings and Compensability

By David Langham
03/27/2024 | 0

Three shootings. Three examples. An opportunity to discuss the interaction of "arising out of "and the parallel requirement of "course and scope." Too often, there is confusion between these two distinct tests. The confusion is due in large part to poor appellate analysis and intermingling. The three examples for this conversation today include the instance in New Mexico in which actor and producer Alec Baldwin stands accused. Today, I address recent instances in the case law and news. We begin here in Florida with last August's Normandy Ins. Co. v. Boua... Read More

ME - Insurance Bureau Cuts Loss Costs by 19%

03/27/2024 | 0

The Maine Bureau of Insurance approved a 19% average loss cost decrease for policies incepting on or after April 1. “If all insurers fully adopt the decrease, Maine businesses could save an estimated $55 million in the year following implementation,” the bureau said in a statement. The 19% decrease is the average loss cost change. The bureau said decreases range from 17.1% to 20.1% depending on the industry group. Loss costs are based on previous and projected losses and benefit payments, the bureau said. Carriers can use the adopted loss costs or set their own rate levels, sub... Read More

NATL. - NCCI: Influence of Wage on TD Duration Depends on Claimant Age

03/27/2024 | 0

The National Council on Compensation Insurance said that though high-wage earners typically have longer temporary disability duration than low-wage earners, the influence of pay on TD duration depends on the injured worker's age. Across all age groups, average TD duration was longest for high earners — those making more than 150% of their state’s average weekly wage at the time of injury — and shortest for those earning less than 50% of their state’s average weekly wage when they were hurt. “Looking solely at the average duration for each age ... Read More

LA - Bills Propose Penalty for Unreasonable Denial, Presumption of Compensability After 90 Days

03/27/2024 | 0

Louisiana lawmakers have introduced bills that would presume that claims are compensable if they haven’t been denied within three months, and to allow employers to seek penalties and attorney fees when they have to recover health care payments after a work comp claim is unreasonably denied. House Bill 769, by Rep. Neil Riser, R-Columbia, would create a civil liability for unreasonable denials of medical treatment. Louisiana law already requires any health insurer that contracts to provide health care benefits for employees to pay for medical care if the workers’ compensation paye... Read More

CA - DWC Posts 2nd Quarter Adjustments to OMFS

03/27/2024 | 1

The California Division of Workers’ Compensation posted an order updating the physician and nonphysician practitioner section of the Official Medical Fee Schedule to incorporate changes made by Medicare. The division said the order adopts several changes the Centers for Medicare and Medicaid Services made for the second quarter of 2024, including: CMS’ Medicare National Physician Fee Schedule Relative Value file effective April 1, quarterly update — RVU24B. CMS’ ZIP code to carrier locality files effective April 1, quarterly update for locality mapping. Updated pr... Read More

Sponsored Content

Press - Centre for Neuro Skills Study Finds Differences in Sleep Patterns Between Men and Women with Post-Traumatic Brain Injury

03/05/2024 | 0

Centre for Neuro Skills Study Finds Differences in Sleep Patterns Between Men and Women with Post-Traumatic Brain Injury Incidental finding indicates Melatonin helps post-acute TBI patients achieve longer REM sleep   Bakersfield, Calif. (Mar. 5) – Centre for Neuro Skills?(CNS), a premier provider of traumatic and acquired brain injury rehabilitation services, has shared findings from a study researching sleep-wake disturbances, published in Neurotrauma Reports on January 3, 2024. They found that sleep deficits are correlated with poorer brain injury patient outcomes (verbal ... Read More

Post Your Press Release Here!

NC - Split Supreme Court Endorses 'Directly Related' Test for Compensability of Treatment

03/26/2024 | 0

The North Carolina Supreme Court expressly adopted a long-standing Court of Appeals precedent using the "directly related" test to determine whether the causal connection required for treatment to be compensable has been satisfied. Robin Kluttz-Ellison worked at Noah's Playloft Preschool. She filed two workers’ compensation claims for two workplace falls. The Industrial Commission consolidated the claims. Kluttz-Ellison had undergone a knee arthroplasty before her workplace accidents and struggled with weight issues for years. After her falls, her doctors determined that... Read More

NE - Supreme Court Tosses Injured Worker's Wrongful Termination Claim Against Public Employer

03/26/2024 | 0

The Nebraska Supreme Court threw out an injured worker’s wrongful termination claim against her public employer, finding the decision to fire her involved an element of judgment of the type that the Legislature intended to shield from tort action. Case: Simpson v. Lincoln Public Schools, No. S-23-490, 03/22/2024, published. Facts: Lynne Simpson worked for Lincoln Public Schools as an at-will employee. In August 2017, Simpson sustained an injury at work. She filed workers' compensation forms with LPS to be reimbursed for examinations and treatment. While reviewing Simpson's med... Read More

WV - Supreme Court Denies Additional Impairment for Coal Miner With Crush Injury

03/26/2024 | 0

The West Virginia Supreme Court upheld a determination that a coal miner was not entitled to additional disability for a crush injury to his left leg and foot. Case: Workman v. Patriot Coal Corp., No. 22-617, 03/20/2024, published. Facts: Charles Workman worked for Patriot Coal Corp. as an underground miner. He suffered a severe crush injury to his left leg and foot in August 2014. Workman underwent multiple surgeries to provide internal fixation of the bones, then saw Dr. Prasadarao B. Mukkamala for an independent medical evaluation in March 2018. Mukkamala opined that Workman had a 13% w... Read More

NY - Court Partially Revives Labor Law Claim for Worker's Grinder Accident

03/26/2024 | 0

A New York appellate court partially revived a worker’s Labor Law claim for his injuries from a malfunctioning grinder. Case: Desprez v. United Prime Broadway LLC, No. 156088/20, 03/21/2024, published. Facts: Richard Desprez was injured while using a grinder on a construction project. He was standing on a ladder using the grinder to cut a metal plate at chest height when the grinder began shaking and kicked back, striking his face. Although the ladder moved after the grinder malfunctioned, it did not fall or collapse, nor did Desprez fall because he held on to a wooden beam, ... Read More

CA - CDI Hearing on Regulatory Filing Set for April 25

03/26/2024 | 0

The California Department of Insurance will hold a public hearing on the Workers’ Compensation Insurance Rating Bureau’s annual regulatory filing April 25. The WCIRB’s regulatory filing proposes changes to wage and payroll limitations and dual wage thresholds in the Standard Classification System and would also start experience rating COVID-19 claims. “With respect to the proposed amendments to the (Uniform Statistical Reporting Plan) and (Experience Rating Plan) to sunset the exclusion of COVID-19 claims with accident dates on or after Sept. 1, 2024, it should be not... Read More

CA - DA: Former City Worker Stole More Than $627,000 With Phony Comp Audits

03/26/2024 | 0

A former human resources worker in San Francisco allegedly stole more than $627,000 from the city’s self-insured workers’ compensation fund by using a fake business in Illinois to charge for auditing services that were never provided, the District Attorney’s Office announced. Stanely Ellicott, 38, was the assistant director of finance and technology for the workers’ compensation division of the city’s Human Resources department where one of his responsibilities was to oversee the financial integrity of the comp program. He allegedly enlisted a friend to create a ... Read More

CA - Amended Bill Would Tap Revolving Fund to Pay for Heat Injury Presumption

03/26/2024 | 0

A one-time transfer of $5 million from the Workers’ Compensation Administration Revolving Fund would be used to establish an account to cover administrative costs associated with a proposed heat injury presumption for California farmworkers, under a recently amended bill. Sen. Dave Cortese, D-Campbell, on Thursday amended SB 1299 to add language that would presume compensability for all heat-related injuries where the employer failed to comply with heat illness prevention standards. The bill would also authorize taking $5 million from the revolving fund, an account financed through sur... Read More