Blog - Lastest News from Work Comp Staffing Solutions
Supreme Court Clarifies Statutory Review Process for Comp Cases
The South Carolina Supreme Court seized an opportunity to clarify the statutory review process for workers' compensation cases in addressing an injured correctional officer’s long-pending claim. Case: Davis v. South Carolina…
Defendants Entitled to Trial, but Not on Damages
A New York appellate court ruled that the defendants in a Labor Law action were entitled to a trial, but they could not have a jury’s determination on damages set…
Board Applies Wrong Compensability Standard to Asbestos Claim
The West Virginia Intermediate Court of Appeals ruled that the Workers’ Compensation Board of Review erred in applying the standard of compensability for occupational pneumoconiosis to a widow’s claim for…
Summary Dismissal of Worker’s Disability Discrimination Claim Upheld
A California appellate court upheld the summary dismissal of a worker’s disability discrimination claim. Case: Rocha v. County of Fresno, No. F084512, 07/29/2024, unpublished. Facts: Daniel Rocha worked for the County of…
WCIRB Reports Written Premium Down 3% Through First Quarter
Written premium for the first three months of 2024 was 3% lower than it was for the same period in 2023, the California Workers’ Compensation Insurance Rating Bureau said in…
Worker Fails to Establish Causal Connection Between Injury, Need for Nerve Block Treatments
The West Virginia Intermediate Court of Appeals upheld a denial of authorization for nerve block treatments for an injured worker. Case: Cooper v. Lowe’s Home Centers Inc., No. 24-ICA-55, 07/30/2024, unpublished. Facts:…
Court Overturns Summary Judgment for Labor Law Defendants on Indemnification Claims
A New York appellate court ruled that some defendants in a Labor Law action were not entitled to summary judgment on their indemnification claims against an injured plaintiff’s employer. Case: Lamarr v.
WCIRB Updates Loss-Sensitive Advisory Plans
The Workers’ Compensation Insurance Rating Bureau of California updated loss-sensitive advisory plans for policies incepting on or after Sept. 1. The WCIRB develops advisory plans for the convenience of members. The…
Carrier’s Failure to Issue Disclaimer of Liability to Additional Insureds Can’t Avoid Coverage
A federal appellate court ruled that an insurance carrier’s failure to issue notice of its disclaimer of liability to two additional insureds prevented it from relying on an exclusion to defeat demands…
Electrician Doesn’t Establish Entitlement to PTD Benefits for Back Injury
The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…
Court Upholds Summary Dismissal of Worker’s Retaliation Claim
A federal appellate court upheld the summary dismissal of a worker’s claim of retaliation for pursuing workers’ compensation benefits. Case: Emerson v. Dart, No. 23-3029, 07/26/2024, unpublished. Facts and procedural history: Paula…
Friendship-Based Employment Can Fall Within Scope of Comp System
The Alaska Supreme Court ruled that employment based on friendship does not automatically fall outside the scope of the state workers’ compensation law. Case: Amos v. Tidwell, No. S-18626, 07/26/2024, published. Facts:…