Blog - Lastest News from Work Comp Staffing Solutions
Trial Court Has Jurisdiction to Enforce Judgment Against State Insurance Fund
A New York appellate court ruled that the Supreme Court had jurisdiction over a motion to enforce a money judgment against State Insurance Fund. Case: Matter of Doran Construction Corp. v.
No Duty Disability Retirement Benefits for Police Chief Injured in Car Accident
The Mississippi Court of Appeals upheld the denial of duty disability retirement benefits to a police chief for her injuries from a single-vehicle accident while commuting to work. Case: Hines v.
Court Upholds Worker’s 13% PPD Award
West Virginia’s Intermediate Court of Appeals upheld a finding that a worker was entitled to a 13% permanent partial disability award. Case: Toyota Motor Manufacturing West Virginia Inc. v. Mendenhall, No.
Split Court Says Employer Entitled to Defense, Indemnification in Civil Suit by Paralyzed Worker
A divided Louisiana appellate court ruled that a coal yard operator and cargo transport provider had a duty to defend and indemnify an employer from a civil suit by a…
High Court Invalidates Cap on Attorney Fees in Appeals
The New Mexico Supreme Court ruled that a statutory cap on attorney fees enacted in 1987 does not apply to appeals. The high court said the law creates a potential conflict…
Exclusivity Bars Worker’s Suit Against Colleague for Car Accident
The Georgia Court of Appeals ruled that exclusivity barred a worker’s suit against his colleague and their employer for his injuries from a car accident. Case: Webster v. Campbell, No. A25A0319,…
Worker Who Received Full Wages Can’t Get TTD, Too
West Virginia’s Intermediate Court of Appeals overturned a determination that an injured worker who continued to receive his full wages was not entitled to temporary total disability benefits. Case: Radcliff v.
Summary Judgment for Defendant Overturned, Goes to Worker Instead
A New York appellate court overturned a grant of summary judgment for a defendant in a Labor Law claim, finding that the worker should have been granted summary judgment instead. Case:…
P&T Committee Meets July 16
The California Division of Workers' Compensation's Pharmacy and Therapeutics Committee is meeting on July 16. Committee members are scheduled to discuss issues relating to topical analgesics as well as updates to…
DWC Updates Fee Schedule, Treatment Guidelines
The California Division of Workers' Compensation adjusted the pathology and clinical lab section of the medical fee schedule and the prescription drug formulary in the treatment guidelines. The division said it…
Injured Worker Doesn’t Prove Need for Whirlpool Tub, Porch Repairs
West Virginia’s Intermediate Court of Appeals upheld the denial of a worker’s request for a walk-in whirlpool tub and shower, and the replacement of the floorboards on his porch, as not…
Worker Who Fell From Scaffold Gets Partial Summary Judgment on Labor Law Claim
A New York appellate court upheld a grant of partial summary judgment for a worker on his Labor Law claim but said a defendant was entitled to summary judgment dismissing some…