Blog - Lastest News from Work Comp Staffing Solutions
Worker Gets Award for Past Medical Expenses, Not Additional Treatment
The Utah Court of Appeals upheld a finding that a worker was entitled to an award of past medical expenses but not additional medical care. Case: Giron v. Labor Commission, No. 20220342-CA,…
Utility Has Immunity for Tree Trimmer’s Electrocution
The Kentucky Court of Appeals ruled that a utility company was entitled to immunity from civil liability for a tree trimmer’s fatal accident that happened while clearing a tree from the…
DWC Sanctions Designated Doctor for Unnecessary Treatment, Other Violations
The Texas Division of Workers’ Compensation sanctioned and fined Dr. Martin M. Leonard, of McAllen. Commissioner Jeff Nelson Leonard specializes in physical medicine and rehabilitation with a focus in pain…
Court Upholds Dismissal of Former Nanny’s Occupational Disease Claim
A New York appellate court upheld the dismissal of a former nanny’s claim of an occupational disease caused by her employment of less than one year. Case: Matter of Orrego v.
Worker Fails to Link Back Issues to Compensable Leg Injuries
The Arkansas Court of Appeals upheld a denial of benefits for a worker with back issues, which she blamed on a compensable injury to her leg and knee. Case: Chance v. Lowe’s…
Homeowner Not Liable to Longtime Friend for Injuries in Tort or Under Comp Law
The Tennessee Court of Appeal ruled that a property owner was entitled to summary judgment dismissing a personal injury suit by a longtime friend who broke his neck while helping with…
Worker Qualifies as Independent Contractor but Is Still Entitled to Comp Benefits
A Louisiana appellate court overturned a grant of summary judgment for an employer, finding the injured worker was an independent contractor subject to the manual labor exception to the general…
2022 Audit: $293,928 in Unpaid Benefits, $155,659 in Penalties
The California Division of Workers’ Compensation audit of 48 claims adjusting locations in 2022 identified $293,928 in unpaid benefits and led to fines against two firms totaling $155,659. Under the division's…
ALJ Can Rely on Regulatory Preamble to Reject Expert Opinions
A federal appellate court ruled that an administrative law judge properly relied on the preamble to the Department of Labor's regulatory definition of pneumoconiosis in finding a coal miner’s widow was…
Concrete Truck Driver Gets Benefits for Occupational Disease Caused by Repetitive Trauma
The Missouri Court of Appeals upheld an award to a concrete truck driver for an occupational disease caused by his repeated exposure to the vibrations of his vehicle. Case: Collins v.
Employer Liable for Tax Warrant Despite Never Receiving Notice of Assessment
The Washington Court of Appeals upheld a tax warrant against an employer for unpaid workers’ compensation taxes despite his claim he never received a notice of assessment. Case: Department of Labor…
Defense Motion for Summary Judgment Not Premature
A New York appellate court ruled that the defense motions for summary judgment in a Labor Law action were not premature and that one of the motions should have been…