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PA - Worker Can't Expand Claim but Gets Fees for Attorney

03/29/2024 | 0

The Commonwealth Court of Pennsylvania upheld the rejection of a worker’s effort to add an elbow condition to her claim but ruled that her attorney was entitled to a fee of 20% of her medical and indemnity benefits. Patrice Williams worked as a correctional officer for the City of Philadelphia. The city accepted liability for injuries, described as a thumb strain or tear, right wrist sprain, right hand sprain and right shoulder sprain, which Williams suffered in March 2021. The city paid Williams wages instead of workers’ compensation benefits. Williams sought to add c... Read More

WV - Widow Proves Husband's Occupational Pneumoconiosis Contributed to His Death

03/29/2024 | 0

The West Virginia Supreme Court upheld a finding that a worker’s widow was entitled to benefits for his death because his cancer was materially related to his occupational pneumoconiosis. Case: Alliance Coal LLC. v. Buser, No. 22-573, 03/20/2024, published. Facts: William Buser worked for Alliance Coal LLC. In September 2018, he was diagnosed with an advanced esophageal adenocarcinoma. He already had been diagnosed with occupational pneumoconiosis, and in 2014, he was assessed as having a 15% impairment attributable to it. In October 2018, Dr. Kevin J. Shannon noted that the adva... Read More

NY - No SLU Award for Worker Because of Deficiencies in Medical Opinions

03/29/2024 | 0

A New York appellate court ruled that a worker was not entitled to a schedule loss of use award because the medical opinions did not consider his carpal tunnel diagnosis or whether the condition was related to his wrist injury. Case: Matter of Schuette v. Consolidated Edison Co. of New York, No. CV-22-1999, 03/21/2024, published. Facts: Dennis Schuette worked for Consolidated Edison Co. of New York as a mechanic and welder. He established a claim for injury to his right wrist as a result of a workplace accident in November 2019 involving his use of a chipping gun. He was diagnosed... Read More

NY - Construction Worker Gets Benefits for Fall Injuries

03/29/2024 | 0

A New York appellate court upheld an award of benefits for a construction laborer who fell into a hole while carrying rebar.    Case: Matter of Leon v. Structure Tech New York Inc., No. CV-22-2146, 03/21/2024, published. Facts: Jorge Leon worked for Structure Tech New York Inc. as a construction laborer. He filed a workers' compensation claim on Nov. 9, 2021, asserting that he had suffered injuries when he fell into a hole in the floor while carrying rebar. Leon said he and a co-worker were carrying large rebars on their shoulders while doing foundation work when he fell ... Read More

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Press - Centre for Neuro Skills Promotes Nicholas Ashley to Chief Governance Officer

03/13/2024 | 0

Centre for Neuro Skills Promotes Nicholas Ashley to Chief Governance Officer Bakersfield, Calif. (March 13, 2024) - Centre for Neuro Skills (CNS), a leader in traumatic brain injury and stroke rehabilitation services, today announced the promotion of Nicholas Ashley, J.D., M.D.R., to chief governance officer. Nick has been instrumental to the growth and expansion of CNS, says David Harrington, president and chief executive officer of Centre for Neuro Skills. Im excited to continue working closely with him to advance patient care. During his 11-year tenure at CNS, Ashley serve... Read More

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Industry Insights

CA - Young: Indoor Heat Regs in Turmoil

By Julius Young
03/29/2024 | 0

Adoption of long-awaited Cal/OSHA indoor heat standards looked like a sure thing on March 21. The California Occupational Safety & Health Standards Board was meeting in San Diego, and approval of indoor heat standards was on the agenda. But on the day of the meeting, the administration of Gov. Gavin Newsom put on the brakes, instructing OSHSB to remove the item from the agenda. Newsom's Department of Finance indicated that it needed more time to analyze the financial impact of the standards. Labor advocates and board members reacted with fury. Board Chair David Thomas decide... Read More

NATL. - WCRI: Poorer Recovery Noted in Injured Workers With Psychosocial Risk Factors

03/29/2024 | 0

A study by the Workers Compensation Research Institute notes that injured workers had a higher prevalence of psychosocial risk factors than those using private insurance, as well as a heightened association between the risk and outcomes. “Despite the growing recognition of the importance of psychosocial factors in recovery, there remains a lack of comprehensive understanding of their prevalence, impact and potential interventions, especially within the workers’ compensation system," said Sebastian Negrusa, vice president of research at WCRI. "Thi... Read More

OR - State OSHA Fines Construction Company for Repeated Safety Violations

03/29/2024 | 0

Oregon's Occupational Safety and Health Division fined a Bend-based construction company more than $103,00 for repeatedly failing to protect workers from fall hazards. Sky Ridge Construction LLC workers at a residential job site were seen without fall protection on a roof, exposed to a potential fall of 18 feet, Oregon OSHA said. Employers are required to ensure that fall protection systems are provided, installed and used where falls of 6 feet or more are possible. Oregon OSHA said this was the third time since January 2022 that Sky Ridge crews were observe... Read More

MN - PTSD Study Meetings Set for Late April

03/29/2024 | 0

The Minnesota Department of Labor and Industry is hosting two informational meetings about the PTSD study on its scope and status. The presentations on April 24 and April 29 will be led by a University of Minnesota research team and are open to the public. DLI and the Midwest Center for Occupational Health and Safety at the University of Minnesota conducted the study on work-related post-traumatic stress disorder to identify systemic or regulatory changes to improve outcomes of those with job-related PTSD. Guests may submit advance questions by email at&nb... Read More

OR - Governor Signs Employer Fraud Bill

03/29/2024 | 0

Oregon Gov. Tina Kotek on Wednesday signed into law legislation that creates criminal penalties for employers that falsify payroll records to lower workers' compensation premiums. The measure, Senate Bill 1580, says any employer that submits a false payroll report to the Workers’ Compensation Board, its chairperson or the director of the Department of Consumer and Business Services to get a decreased workers' comp rate commits a Class A misdemeanor. Violators face a maximum fine of $125,000, plus financial restitution. The measure received final legislative approval Wednesday.... Read More

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Press - Floyd Skeren Manukian Langevin announces George Krikes joins the Firm

03/12/2024 | 0

Floyd Skeren Manukian Langevin, LLP is pleased to announce George A. Krikes has joined our Firm. Mr. Krikes joins us with over 42 years of workers' compensation experience throughout California, and is a perfect fit as we continue to serve large numbers of entities and companies. His extensive expertise, technical knowledge, managerial skills and formidable relationships forged over his impressive career, ideally suit him as he enters his role in the continued success and growth of our Firm. George Krikes will be working in our Complex Litigation and Special Projects Unit, based out o... Read More

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LA - Repeatedly Jailed Worker Gets New AWW Calculation, Penalties

03/28/2024 | 0

A Louisiana appellate court ruled that an injured worker’s average weekly wages had been miscalculated and that he was entitled to penalties for his employer’s failure to reinstate his benefits after his periods of incarceration. Chanse Ceasar worked for Flexforce Employment Professionals LLC, a temporary staffing company. Flexforce sent him to work for Republic National Distributing Co. He injured his back on July 17, 2020, while working for Republic. Ceasar did not immediately report an injury to his employer, but he told a co-worker. He also sought treatment on July 19, 2020, ... Read More

WV - Toll Collector Not Entitled to Expand Scope of Claim, Get Additional Benefits

03/28/2024 | 0

The West Virginia Supreme Court upheld a determination that a toll collector was not entitled to add conditions to her claim for a shoulder injury and that she was not entitled to additional treatment or benefits. Case: Mabe v. West Virginia Parkways Economic Development and Tourism Authority, No. 22-595, 03/20/2024, published. Facts: Tenise Mabe worked for the West Virginia Parkways Economic Development and Tourism Authority as a toll collector. She injured her left shoulder in April 2020 while carrying a highway cone. Mabe later established a claim for a left shoulder sprain. In June 2020... Read More

NY - Court Dismisses Widow's Challenge to Evidence Order

03/28/2024 | 0

A New York appellate court dismissed a widow’s challenge to an order from the Workers’ Compensation Board directing her to produce evidence of the asbestos-related lawsuits her husband had settled before his death. Case: Matter of Glasgow v. Con Edison, No. 535964, 03/21/2024, published. Facts: Michele Glasgow’s husband worked for Con Edison. He was exposed to asbestos while working and, in 2004, he established a claim for workers' compensation benefits based on an occupational disease involving asbestosis, chronic obstructive pulmonary disease and chronic irritative br... Read More

NY - Court Upholds Finding That Injured Police Officer Had Not Involuntarily Retired

03/28/2024 | 0

A New York appellate court upheld a finding that an injured police officer had not involuntarily retired from duty. Case: Matter of Losquadro v. Nassau County Police Department, No. CV-23-0503, 03/21/2024, published. Facts: Dean V. Losquadro was a police officer for the Nassau County Police Department and a union representative on the executive board. He tripped and fell in February 2021 on his way to internal affairs to represent another police officer and subsequently established a workers' compensation claim for injuries to his left shoulder, neck and back. Losquadro continued to wor... Read More

IA - Fraudulent Claim Leads to Conviction of Worker, Employer

03/28/2024 | 0

An Iowa employer pleaded guilty to being an accessory after the fact as an employee continued working for him while receiving workers’ compensation benefits, the Iowa Division of Insurance announced. The double-dipping employee pleaded guilty to one count of insurance fraud, the division said. Trey Wysocki, 40, worked for Kristopher Stapes, 39. Wysocki filed a workers’ compensation claim saying he was unable to work after cutting his hand with a saw while on the job. The division said an investigation found that Wysocki continued to work for Stapes while collecting workers&... Read More

KS - House Passes Bill Shifting Oversight of Self-Insurance Fund

03/28/2024 | 0

The Kansas House of Representatives on Wednesday passed a bill that would transfer oversight of the state workers’ compensation self-insurance fund from the Department of Administration to the Insurance Department. The House voted 81-42 to pass HB 2384, by Rep. Bill Sutton, R-Gardner. The State Employee Health Plan within the Department of Administration currently manages workers’ compensation claims filed by state workers. HB 2384 would give the insurance commissioner oversight of the claims and the self-insured fund that pays for them, effective July 1. As introduced, the bill... Read More

CA - WCIRB Webinar to Cover Impact of Employee Tenure on Frequency

03/28/2024 | 0

The Workers’ Compensation Insurance Rating Bureau of California is holding a webinar April 18 to discuss results from a study of the impact of employee tenure on claim frequency. About 40% of work comp claims come from those with less than one year on the job, the WCIRB said. Workers with less than one year of tenure are also more likely to have fall, struck-by and cut injuries compared to longer-tenured employees, who are more likely to suffer strains. Longer-tenured workers also tend to have a higher share of cumulative trauma claims. And average incurred losses on indemnity cl... Read More