WV - Split Supreme Court Upholds Denial of Benefits for Parkinson's Claim
05/09/2024 | 0
A divided West Virginia Supreme Court upheld the denial of benefits to a longtime paint technician on his claim that he developed Parkinson’s disease because of his industrial chemical exposure.
Gregory Gwinn worked as a paint technician for various automobile dealerships from 1992 until Feb. 13, 2018.
Gwinn complained of neurological issues and sought treatment with Dr. Barry Vaught in 2010. Vaught noted that Gwinn had trouble with head movements, and other neurological symptoms, beginning at age 7 and increasing in frequency since.
Vaught said the results of a neurological exam...
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The Commonwealth Court of Pennsylvania upheld the denial of benefits for a worker’s testicular injury, finding he failed to carry his burden to show that his injury was causally connected to his work.
Case: Rosario v. Westport Axle Co. LLC (WCAB), No. 624 C.D. 2023, 05/06/2024, unpublished.
Facts: Ruddy Rosario worked for Westport Axle Co. LLC. On March 19, 2021, he used a hammer to loosen a piece from a rack. After the piece came loose, Rosario’s left testicle allegedly began to hurt. Although nothing came into contact with the testicle, Rosario reported significant pain.
Rosar...
A federal appellate court upheld an award of Black Lung Benefits Act compensation to a longtime coal miner.
Case: Dominion Coal Corp. v. Clark, No. 22-1858, 05/01/2024, unpublished.
Facts: James R. Clark spent 34 years working in coal mines. He filed a claim for compensation under the Black Lung Benefits Act and supported it with the opinion of Dr. Vishal Raj.
Procedural history: An administrative law judge relied on Raj’s opinion and a statutory presumption to find that Clark was totally disabled and entitled to compensation under the Black Lung Benefits Act. Dominion Coal Corp....
The Minnesota Court of Appeals upheld the summary dismissal of a former municipal worker’s claims of retaliatory discharge.
Case: Creger v. City of Cambridge, No. A23-1017, 05/06/2024, unpublished.
Facts: Billy Creger began working for the City of Cambridge in January 2021. He was subject to a 12-month evaluation period, during which time he could be discharged at the sole discretion of the city.
In April 2021, Creger and another city employee were sitting in a city-owned vehicle. Creger alleged that the other employee lit a cigarette and continued to smoke after Creger asked the...
LOS ANGELES, April 22, 2024 - Sullivan on Comp, the leading comprehensive digital resource on California workers' compensation law, proudly announces the launch of ChatSOC, an advanced chatbot designed to streamline workers' compensation inquiries for professionals in the field. Officially launching today, ChatSOC integrates directly with the Sullivan on Comp digital treatise, provid...
California workers’ comp fee schedules aren’t easy to keep up with.
Subject to constant revision, the complex formulas for calculating correct reimbursement are more than human brainpower can handle — hence the need for top-notch technology.
Recently, daisyBill alerted third-party administrator CorVel that it was incorrectly reimbursing providers for treatments rendered on or after April 1, 2024, when the rates under California’s Physician Fee Schedule increased for the second time this year.
Fortunately, CorVel was quick to acknowle...
NE - OSHA Cites Company Over Grain Yard Accident
The U.S. Occupational Safety and Health Administration said Tuesday that it cited a supply-chain transportation company after a worker was hospitalized for serious injuries from being struck by a semi-tractor-trailer at a Nebraska grain yard.
OSHA cited Latham, New York-based Rail Modal Group LLC for 21 serious and two other-than-serious violations and proposed $261,375 in penalties over a November 2023 incident at a grain facility in Fremont in which a yard manager was directing congested traffic in a storage yard when she was struck by a passing truck.
OSHA cited the company over...
SAN DIEGO — Missed medical appointments due to lack of transportation, late-reported claims over fears of job and income loss, and language barriers are all pegged as factors that can delay workers' compensation claims progression, according to experts.
By examining so-called social determinants of health and considering such factors as workplace demographics, culture and geography, employers and claims handlers can gain insights into what may be needed to help claims along, said speakers Tuesday at Riskworld, the Risk & Insurance Management Society Inc.’s annual ...
The Workers’ Compensation Insurance Rating Bureau of California has released its Quarterly Experience Report to update statewide insurer experience measured as of Dec. 31, 2023.
Some highlights:
Written premium in 2023 is slightly higher than in 2022 and about the same as the pre-pandemic level.
The average charged rate for 2023 is 5% lower than 2022 and the lowest in decades.
The projected combined ratio for accident year 2023 is 2 points higher than in 2022 and is the fourth consecutive year above 100 percent.
The full report can be seen he...
The New York State Insurance Fund on Wednesday released a health care-focused report that found a higher correlation between workplace injury frequency and severity and days of extreme temperatures.
The report, based on an analysis of about 95,000 injury claims, states that claims were 45% more likely to occur when the heat index is over 80 degrees, while severity increased by 20%. It also says hospitals should take steps to reduce greenhouse gas emissions.
New York Gov. Kathy Hochul on Wednesday announced a voluntary climate action pilot program for hospitals focusing on improving work...
New Jersey lawmakers filed legislation Monday that would extend liability to company owners in cases where employers fail to pay for workers' compensation insurance.
Assembly Bill 4283 “expands the reach of the ‘uninsured employer’s fund’ through subrogation to pursue payment for benefits of the claims related to an employee’s injury from an uninsured employer to include any principal owner of the employer, in addition to the employer,” the bill states.
Under New Jersey law, employers that fail to provide workers' comp insur...
In a case of first impression, the Kentucky Court of Appeals ruled that medical expenses written off by a provider constitute “payments received or the right to receive payment” that offset a worker’s recovery.
Greyson Findley worked for Western Kentucky University as a student intern in its Floral Design Training Center. He suffered a severe laceration when the blade of a stem cutter fell on his wrist.
Findley underwent surgery to repair severed muscles, tendons, nerves and an artery in his hand and wrist. He was left with physical limitations from the injur...
The Washington Court of Appeals upheld the denial of a firefighter’s claim for post-traumatic stress disorder.
Case: Shaw v. Kittitas Valley Fire and Rescue, No. 39651-7-III, 05/02/2024 unpublished.
Facts: Frank Shaw worked from 1989 to 2007 as a firefighter and paramedic with the agency that ultimately became Kittitas County Fire and Rescue.
In 2010, Shaw was diagnosed with post-traumatic stress disorder. Shaw’s therapist opined that his condition was caused by his work.
Procedural history: Shaw filed a workers’ compensation claim with the Department of Labor and Industr...
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his injuries from falling into a hole.
Case: Haskins v. Metropolitan Transportation Authority, No. 151643/20, 05/02/2024, published.
Facts: Darren T. Haskins fell into a hole while working on a construction project for the Triborough Bridge and Tunnel Authority.
The hole measured two to 2.5 feet deep, 18 inches wide and 3 feet long. It was covered by a thin piece of black plastic material.
Procedural history: Haskins filed suit against the TBTA, asserting a claim for a viola...
The South Carolina Court of Appeals upheld the denial of a Walmart employee’s claim for benefits for alleged injuries from a workplace fall.
Case: Brown v. Walmart Inc., No. 2022-000963, 05/01/2024, unpublished.
Facts: Helen Brown worked for Walmart Inc. She allegedly injured her arm in a fall at work and went to the hospital the same day.
Brown allegedly complained of arm and shoulder pain at the hospital, and she underwent X-rays. The X-rays, however, did not show signs of trauma to her left shoulder or arm. Additionally, a magnetic resonance imaging scan showed that ...
The U.S. Occupational Safety and Health Administration on Monday said it cited a commercial baking company after a worker suffered “disabling injuries” at a Sun Prairie, Wisconsin, plant in October 2023.
OSHA cited St. Cloud, Minnesota-based Pan-O-Gold Baking Co. for two repeat violations, six serious violations and two other-than-serious violations, and proposed $262,953 in penalties after an employee was injured while adjusting a sensor in a bread pattern forming machine.
The exact nature of the injuries was not given.
OSHA said Pan-O-Gold failed to train employ...
The U.S. Occupational Safety and Health Administration said Tuesday that it cited a Missouri roofing contractor after inspectors found employees exposed to fall hazards five times in seven weeks.
OSHA cited St. Louis-based 13 Construction & Pro Services LLC for six willful and 20 serious violations, and proposed $258,063 in penalties following inspections at six Wentzville residential work sites in October, November and December 2023.
Employees were found working at heights greater than 6 feet without fall protection and the company didn’t have a “competen...