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Employer’s Alleged Administrative Violations Don’t Foreclose Exclusivity Defense
A Texas appellate court ruled that an employer’s alleged administrative violations did not prevent it from presenting and prevailing on its exclusivity defense. Case: Lane v. Odle Inc., No. 02-24-00024-CV, 08/22/2024, published. Facts and…
CAAA Opens Registration for 2025 Winter Convention
The California Applicants’ Attorneys Association opened registration for its annual winter convention, which will be held in Las Vegas Jan. 23-26. Panelists speaking during the conference will cover a variety of…
Business Owner Pleads Guilty to Workers’ Comp Fraud
The Ohio Bureau of Workers’ Compensation announced that the owner of an electrical service company pleaded guilty to workers’ compensation fraud and has paid restitution of nearly $16,000. BWC’s Special Investigations Department received…
Court Upholds Denial of Miner’s Third Claim for Black Lung Benefits
A federal appellate court upheld the denial of a coal miner’s third claim for black lung benefits. Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished. Facts: Robert Hitt worked in the coal…
Employer Can’t Escape Liability for Continuing Medical Benefits
The Alabama Court of Civil Appeals ruled that an employer could not be relieved of its obligation to provide continuing medical treatment to an injured worker after she aggravated her…
Supreme Court Upholds Expansion of Worker’s Claim to Add Shoulder Injury
The West Virginia Supreme Court upheld the expansion of a worker’s claim to add a shoulder injury. Case: Gibson v. Blackhawk Mining LLC, No. 23-178, 08/01/2024, published. Facts: Timothy Gibson worked for…
Pension Offset Not Available When Retiree Gets Hurt After Returning to Work
The Commonwealth Court of Pennsylvania ruled that a pension offset is not available when the retiree returns to work for a former employer on a part-time basis and suffers an…
Attorney Gets Scolding for Repeated Constitutional Challenges to IRE Process
The Commonwealth Court of Pennsylvania rejected another constitutional challenge to the state's new impairment rating evaluation procedure and scolded the attorney responsible for bringing the repetitive claims. Case: Bernard v. City…
Cal/OSHA Hires More Investigators
California's Division of Occupational Safety and Health, commonly known as Cal/OSHA, has increased staffing in its Bureau of Investigations Unit to take on more probes into serious workplace injuries across the…
WCA Proposes Package of Rule Changes
The New Mexico Workers’ Compensation Administration proposed a package of rule changes that would increase food and lodging reimbursements and double the payment owed to doctors for deposition testimony. The rules…
Court Lacks Jurisdiction Over Worker’s Negligence Claim Against Colleague, Employer
A Texas appellate court ruled that a trial court lacked subject matter jurisdiction over a worker’s negligence claims against a colleague and his employer arising from a motor vehicle accident. Case: In…
Employer Can’t Relitigate Reasonableness of Worker’s Mileage for Treatment
The Virginia Court of Appeals ruled that an employer could not relitigate the reasonableness of a worker’s mileage expenses from traveling to see a chiropractor 78 miles from his home. Case: Edelblute’s…