Blog - Lastest News from Work Comp Staffing Solutions
Failure to List Exhibits on Conference Statement Not a Harmless Error
The Workers’ Compensation Appeals Board erred when it held that the failure to list in a pretrial conference the statement reports from a qualified medical evaluator was harmless, a California…
Sole Proprietor’s Request Constitutes ‘Election of Coverage’
The Delaware Superior Court ruled that a sole proprietor’s election of coverage was sufficient to cover him under the policy issued to his business and that his petition to determine compensation…
Widow Fails to Link Worker’s Death, Dementia to Occupational Hearing Loss
West Virginia’s Intermediate Court of Appeals ruled that a worker’s widow failed to link his dementia and death to his occupational hearing loss. Case: Clark v. U.S. Steel Mining Co. Inc.,…
Worker’s Inadequate Briefing Leads to Forfeiture of Issues on Appeal
A Texas appellate court ruled that an injured worker forfeited any issues on her appeal due to inadequate briefing. Case: Jones v. Mansfield Independent School District, No. 02-24-00355-CV, 05/15/2025, published. Facts and…
Court Upholds Termination of Volunteer Firefighter’s Operational Privileges
A New York appellate court upheld the termination of a volunteer firefighter’s operational privileges due to his failure to disclose his disabled designation by the Workers' Compensation Board, among other…
Commission Has Jurisdiction Over Fee Dispute Among Attorneys
The Connecticut Appellate Court upheld a determination that the Workers’ Compensation Commission had jurisdiction over a fee dispute among the former attorneys for an injured worker and successor counsel. Case: Pelc…
Court Upholds Award of Wage-Loss Disability Benefits
The Arkansas Court of Appeals upheld a finding that a worker was entitled to 50% wage-loss disability benefits. Case: Arkansas Department of Transportation v. Payne, No. G307065, 05/07/2025, published. Facts: Russell Payne…
Provider Choice Bill Heads to Governor
Colorado lawmakers sent the governor a bill that would give injured workers the right to choose a treating physician. House Bill 1300, by Rep. Jenny Willford, D-Northglenn, would repeal the law…
Injured Worker Doesn’t Prove Entitlement to Additional TTD
West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was not entitled to additional temporary total disability benefits for his back injury. Case: Rhoades v. ACNR Resources Inc.,…
Worker Who Fell From Lift Gets Summary Judgment on Labor Law Claim
A New York appellate court upheld a grant of summary judgment on a worker’s Labor Law claim for his fall from a scissor lift. Case: Santana v. Port Authority of New…
Governor Signs PEO Bill
Oregon Gov. Tina Kotek signed a bill replacing the term “worker leasing company” with “professional employer organization." The governor on Wednesday signed House Bill 2800, which defines a PEO as a…
Injured Attorney Gets Attendant Care Services, Penalty, Benefits Without Offset
The North Carolina Court of Appeals ruled that an injured attorney was entitled to an award of attendant care and a penalty, and that his former employer was not entitled…