Blog - Lastest News from Work Comp Staffing Solutions
Court Upholds Award for Worker’s Neck Condition, Declines to Address Shoulder Claim
West Virginia’s Intermediate Court of Appeals upheld a determination that a worker was entitled to benefits for cervical radiculopathy, but the court declined to address the compensability of an alleged…
Worker Gets Adverse Inference Charge for Spoliation of Evidence
A New York appellate court ruled that an allegedly injured worker was entitled to an adverse inference charge based on the defendants’ spoliation of evidence and that none of the parties…
DWC Holds Quarterly Meeting Thursday
The Texas Division of Workers' Compensation is holding its virtual health care provider and insurance carrier quarterly meeting at 1:30 p.m. Thursday. The meeting will include a discussion of recent updates…
Bakeware Company Fined $182,293 Following Amputations
The U.S. Occupational Safety and Health Administration fined a bakeware manufacturer in Cleveland $182,293 for violations it says resulted in two amputations that could have been prevented with proper safety…
Nursing Home Worker Accused of Soliciting Kickbacks From Comp Physician
A man who ran the workers' compensation program for a nursing home in central Pennsylvania faces a conspiracy charge for allegedly soliciting kickbacks from a physician who worked at the facility,…
Residential Property Owners Get Summary Judgment on Worker’s Labor Law Claims
A New York appellate court upheld the summary dismissal of a worker’s Labor Law claims against a residential property’s owners. Case: DiNieri v. Schimmelpennick, No. 564 CA 23-01563, 11/15/2024, published. Facts: Michael…
Worker Gets Benefits for Mysterious Fainting Spell
The Oregon Court of Appeals upheld an award of benefits to a worker who was injured in a spell of fainting from an unknown cause. Case: Matter of Kelkay v. SAIF Corp., No. 848, 11/27/2024,…
Supreme Court Says Workers’ Compensation Act Doesn’t Deny Remedy by Due Process
The Alabama Supreme Court ruled that the state Workers' Compensation Act did not deprive a grieving father of his constitutional right to a remedy by due process of law for his…
Supreme Court Upholds Denial of Worker’s Claim Due to Lack of Credibility
The West Virginia Supreme Court upheld the denial of a worker’s claim due to his lack of credibility. Case: Marstiller v. Masters of Disasters LLC, No. 23-639, 11/26/2024, published. Facts: Ryan Marstiller…
Governor Signs Mental Stress Injury Bill
New York Gov. Kathy Hochul on Friday enacted legislation that allows all workers, not just first responders, to file claims for mental stress. The governor signed Senate Bill 6635/Assembly Bill 5745,…
Employer Liable for Award Despite Worker’s Later Exposure to Coal Dust at Different Job
The West Virginia Supreme Court ruled that a worker was entitled to benefits for his occupational pneumoconiosis from the employer that was not the last to expose him to coal dust. Case:…
Worker’s Postsurgical Impairment Rating Can Support Increase in PPD
The Virginia Court of Appeals ruled that a worker’s postsurgical impairment rating can support an award of increased disability benefits. Case: Springfield Pest v. Peterman, No. 2056-23-2, 11/26/2024, published. Facts and procedural history:…