Blog - Lastest News from Work Comp Staffing Solutions
Supreme Court Upholds Denial of Worker’s Request for Additional Benefits, Expansion of Claim
The West Virginia Supreme Court upheld the denial of a worker's request for additional benefits and the expansion of her claim. Case: Martin v. Wal-Mart Associates Inc., No. 23-115, 08/01/2024, published. Facts: Irene Martin…
WCA Seeks Public Review of Rule Changes
New Mexico's Workers' Compensation Administration says rule changes will take effect on Jan. 1, and the agency invites the public to take part in a webinar and to submit comments…
Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition
The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter…
Attorney Suspended for Misconduct
The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was…
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 Case: Hitt v. OWCP, No. 23-1916, 08/15/2024, unpublished.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…