Blog - Lastest News from Work Comp Staffing Solutions
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…
Worker’s PTD Claim Sent Back to Judge for Further Findings
The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v.
Federal Court Creates Circuit Split on Liability for Black Lung Benefits
A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…
Res Judicata Doesn’t Bar Employer’s Claims Against Former Comp Carrier
The Connecticut Appellate Court ruled that the doctrine of res judicata did not bar an employer’s claims against its former comp carrier for allegedly misleading it into believing it still…
Split Supreme Court Upholds Increase in Worker’s Award for Back Injury
A divided West Virginia Supreme Court upheld an increase in a worker’s award for a back injury. Case: Murray American Energy Inc. v. Falcone, No. 22-0489, 08/01/2024, published. Facts: Brandon Falcone suffered…
Federal Court Sends Worker’s Jones Act Claim Back to State Level
A federal appellate court ruled that a worker’s Jones Act claims should be sent back to a state court. Case: Santee v. Oceaneering International Inc., published in No. 23-20095, 08/07/2024. Facts: Shanon…
Supreme Court Allows Worker to Expand Claim
West Virginia Supreme Court ruled that a worker was entitled to the expansion of his claim to add post-concussional syndrome and post-traumatic headaches. Case: Murray American Energy Inc. v. Yost, No.
Coal Miner Entitled to Presumption of Total Disability, Gets Black Lung Award
A federal appellate court ruled that a coal miner was entitled to a presumption that he was totally disabled due to pneumoconiosis, and it upheld an award of black lung…
DWC Accepts Comments on Rule’s Title Change
The Texas Division of Workers’ Compensation is accepting comments on a proposal to correct a duplicate regulatory section title. The DWC is proposing to rename Texas Administrative Code Section 147.10 “Commutation…
Crane Service Has Single Citation Reinstated, Another Dismissed
The Kentucky Court of Appeals upheld the dismissal of a citation against a crane service provider but reinstated another. Case: Secretary of the Education & Labor Cabinet v. Sterett Crane and…
DWC Opens Second 15-Day Comment Period for Pharmacy Rules
The California Division of Workers’ Compensation opened a second 15-day comment period on a proposal to incorporate Medi-Cal’s reimbursement rules into its pharmacy fee schedule. In addition to technical corrections, the…
DWC Updates Employer Forms, Changes Rule Title
The Texas Division of Workers’ Compensation announced regulatory action to update employer forms and change the title of a rule. The division said it revised employer notice forms to conform to…