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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

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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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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

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

NATL. - CompWest Appoints Kristi Houston to Vice Presidential Team

03/28/2024 | 0

CompWest Insurance Co. appointed Kristi Houston as vice president of business development and operations. Houston has been a member of the CompWest team since 2009 when she joined as a marketing manager. Since then, she has had increasing responsibilities including senior business development specialist, business development manager and most recently, regional director of business development. Before joining CompWest, Houston held roles as business development manager with Zenith Insurance and account executive with Marsh McLennan Agency. "Kristi is a highly creative leader and ha... Read More

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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

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MD - Chesapeake Announces $50M Dividend

03/28/2024 | 0

Chesapeake Employers Insurance Co. announced a $50 million dividend for policyholders with a loss ratio below 40.3% in policy year 2022. The carrier said about 90% of its policyholders will receive a payment as part of its largest ever corporate dividend. Chesapeake also said it is transitioning from using accident year experience to using policy year experience to determine which policyholders are eligible for a dividend. “Policy year experience gives us a better match of losses to premiums to determine loss ratio,” the carrier said. Experience from the 2022 policy year w... Read More

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

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