Blog - Lastest News from Work Comp Staffing Solutions
No Benefits for Worker Injured in Fall From Ladder
The South Carolina Court of Appeals upheld the denial of benefits to a worker who was injured when she ignored her employer’s instruction to not use a ladder. Case: Bridges v.
Court Upholds Modification of Worker’s Benefits for Specific Loss
The Commonwealth Court of Pennsylvania upheld the modification of an injured worker’s benefits from wage loss to a specific loss based on the partial amputation of a toe. Case: Perkins v.
Carrier Not Entitled to Summary Judgment on Claim for Offset
The Tennessee Court of Appeals ruled that an automobile insurance provider was not entitled to summary judgment to offset its liability to an insured. Case: Jones v. Craddock, No. M2023-01034-COA-R3-CV, 07/17/2024, published. Facts…
CHSWC Postpones Meeting
A labor-management advisory panel charged with meeting every other month to review California’s workers’ compensation system postponed a meeting scheduled for today. The Commission on Health and Safety and Workers’ Compensation…
Court Dismisses Employer’s Challenge to Review Board Order
The U.S. 9th Circuit Court of Appeals dismissed an employer’s challenge to a decision of the Benefits Review Board remanding a worker’s motion to modify his partial disability award under…
Court Rejects Constitutional Challenge to Deadline for Contesting MMI Date
A Texas appellate court rejected a worker’s constitutional challenge to the 90-day deadline for contesting a previously assessed maximum medical improvement date. Case: Engel v. Texas Department of Insurance, No, 03-23-00077-CV, 07/17/2024,…
Court Overturns Jury Verdict for Railway on Prejudicial Evidentiary Error
A California appellate court overturned a jury verdict in favor of a railway, finding that the trial judge prejudicially erred in excluding the testimony of an injured worker’s expert witness. Terrence Richard…
High Court Splits on IRE Doctor’s Ability to Consider Conditions Not Listed on NCP
The Pennsylvania Supreme Court split on whether a physician should be limited to assigning an impairment rating only for accepted work-related injuries, but it doesn't change a decision allowing the doctor to consider…
Decision Allows Billing Agent to Pursue Civil Claims Against Carriers
The Pennsylvania Supreme Court evenly split on whether a billing agent seeking payment for prescriptions could pursue its claims outside the fee review process. Case: Elite Care RX v. Premier Comp…
Worker Who Failed to Connect Neck Injury to PTSD Diagnosis Not Entitled to Reopen Claim
The Washington Court of Appeals upheld a determination that a worker was not entitled to reopen his claim for a neck injury because he failed to prove that the accident contributed…
Employers Denied Reimbursement From Second Injury Fund Must Get Hearing
The Supreme Court of New Hampshire ruled that an employer or insurance carrier that has been denied reimbursement from the Special Fund for Second Injuries is entitled to a hearing before…
Injured Flight Paramedic Fails to Prove Entitlement to Additional Awards
The Virginia Court of Appeals upheld benefit awards of closed periods for an injured paramedic, finding that she failed to prove her entitlement to additional compensation. Case: Martinka v. PHI Group Inc.,…