Blog - Lastest News from Work Comp Staffing Solutions
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…
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…
Supreme Court Upholds Denial of Worker’s Request to Add Mental Injuries to Claim
The West Virginia Supreme Court upheld the denial of a doctor’s request to expand a worker’s claim to add post-traumatic stress disorder and anxiety as compensable conditions. Case: Travers v. Blackhawk…
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…