Blog - Lastest News from Work Comp Staffing Solutions
Change in Law for Terminating TTD Doesn’t Apply Retroactively
An Ohio appellate court ruled that a change in law regarding the operative date for terminating temporary total disability benefits does not apply retroactively. Case: State ex rel. Harless v. DMR…
Court Says Judge Can Rule on Law She Sponsored as Legislator
The Appellate Division of the Superior Court of New Jersey said a workers' compensation judge is not automatically disqualified from ruling on disputes involving a law she sponsored when she…
Alex Swedlow Retiring From CWCI
Alex Swedlow will retire from his position as president of the California Workers' Compensation Institute in August. Alex Swedlow Swedlow's retirement concludes a 37-year association that started in 1988 when he…
DWC Asks Lawmakers to Allow Remote Contested Hearings
The Texas Division of Workers' Compensation recommended that state lawmakers amend the law to allow contested case hearings by video conference if all parties agree. The division outlined its legislative recommendations…
Court Revives Coverage Dispute for Teacher’s Mesothelioma
The Kentucky Court of Appeals revived a dispute between two insurance carriers over which of them was liable for a former high school teacher’s mesothelioma claim. Roger Hall worked full time…
Labor Law Defendants Fail to Prove Entitlement to Summary Judgment
A New York appellate court ruled that the defendants in a Labor Law action were not entitled to summary judgment. Case: Velasquez v. RS JZ Driggs LLC, No. 2023-01958, 11/13/2024, published. Facts:…
Judge Properly Denies Leave to Amend, Summary Judgment
A New York appellate court ruled that the defendant in a Labor Law action was properly denied leave to amend its third-party complaint and properly denied summary judgment on its…
Supreme Court Says Worker Can’t Have 2nd Chance to Prove Compensability
The West Virginia Supreme Court ruled that a worker was not entitled to a second opportunity to establish compensability for his carpal tunnel syndrome after the issue had already been…
Labor Law Defendant’s Motion for Summary Judgment Properly Dismissed as Premature
A New York appellate court ruled that a Labor Law defendant’s motion for summary judgment was properly dismissed as premature. Case: Kharyshyn v. West End 82 LLC, No. 2023-07483, 11/13/2024, published. Facts:…
DIR Adopts Heat Illness Regulation
The Nevada Division of Industrial Relations adopted a new heat illness regulation requiring businesses to identify heat-related hazards and create a written plan to mitigate them. Businesses with more than 10…
Supreme Court Upholds Award to Worker for Successive Ankle Sprains
The West Virginia Supreme Court upheld a determination that a worker who previously sprained her left ankle at work was entitled to benefits after she sprained the ankle again. Case: ACNR Resources…
ALJ Cannot Compel Worker to Attend Evaluation Requested by Employer
The Arkansas Court of Appeals ruled that an administrative law judge could not compel an injured worker to attend a functional capacity evaluation at the sole request of his employer. Case:…