Blog - Lastest News from Work Comp Staffing Solutions
No Benefits for Worker With Inconsistent Accounts of Accident, Delay in Reporting Injury
The West Virginia Intermediate Court of Appeals upheld a denial of benefits to a worker for an alleged back injury. Case: Cecil v. Pepsi-Cola Metropolitan Bottling Co., No. 24-ICA-53, 07/30/2024, unpublished. Facts:…
Worker Gets Benefits for Shoulder Injury From Slip and Fall
The Virginia Court of Appeals upheld a finding that a worker suffered an injury to his shoulder when he slipped and fell on a patch of ice. Case: Uninsured Employer’s Fund…
Court Upholds Dismissal of Carrier’s Suit Against Claims Administrator, Former Counsel
The Pennsylvania Superior Court upheld the dismissal of an insurance carrier’s breach-of-contract claim against a third-party claims administrator and a malpractice action against the former attorney for the carrier. Case: Pyramid…
Court Strikes Down Statutory Prohibition on Workers Posting Recordings of IMEs Online
The Washington Court of Appeals held that a law prohibiting injured workers from posting to social media recordings of their independent medical examinations is an unconstitutional prior restraint on free…
Insurance Administration Announces Increase in Penalties
The Maryland Insurance Administration announced that penalties for certain statutory violations will increase on Oct. 1. The maximum penalty the administration can impose on an unauthorized insurer or person engaging in the…
Court Says Injured Worker Can Get Additional Physical Therapy
The West Virginia Intermediate Court of Appeals upheld a determination that an injured worker was entitled to additional physical therapy for her leg injury. Case: ACNR Resources Inc. v. Goff, No.
Court Overturns $8.7 Million Jury Verdict Against Vessel Owner
The Appellate Court of Maryland overturned an $8.7 million jury verdict in favor of an injured worker against the owner of a vessel that also happened to be his employer. Case: Corman Marine…
Supreme Court to Address Exception to Going-and-Coming Rule
The Pennsylvania Supreme Court will weigh in on the applicability of the “no-fixed-place-of-work” exception to the “going-and-coming rule” for a tree-trimming supervisor. In February, the Commonwealth Court issued a decision finding that Jorge Martinez…
High Court Overturns Finding That Injured Worker Doesn’t Qualify as Employee
The District of Columbia’s highest court overturned a finding that an injured worker was not an employee within the meaning of the Workers’ Compensation Act. Case: Sanchez Lopez v. DOES, No. 22-AA-0765,…
DWC Posts Quarterly Adjustment to Hospital, ASC Fees
The California Division of Workers’ Compensation posted an order adopting the latest quarterly update to the outpatient hospital and ambulatory surgery center section of the Official Medical Fee Schedule. The division…
DWC Adopts Updates to MTUS Drug List
The California Division of Workers’ Compensation announced updates to the drug list in the Medical Treatment Utilization Schedule to align with national treatment guidelines. The division said the order updates the…
Independent Contractor Can’t Get Benefits for Injuries
The Virginia Court of Appeals upheld a denial of benefits to a worker for his injuries from falling from a scaffold, finding he was an independent contractor. Case: Pineda v. Dante…