Blog - Lastest News from Work Comp Staffing Solutions
Worker’s Benefits Must Be Apportioned to Causes of Disability
The Utah Court of Appeals ruled that a worker’s permanent total disability benefits can be apportioned only to the causes of his disability, not the causes of his disabling occupational disease. Case:…
Split Supreme Court Overturns Denial of Benefits for Worker With Back Injury
A divided West Virginia Supreme Court overturned a denial of benefits to a mine worker for his back injuries from exiting a mantrip. Case: Turley v. Blackhawk Mining, No. 21-0649, 04/05/2023,…
Bills to Subject Comp Benefits to Garnishment for Child Support Head to Governor
Maryland Gov. Wes Moore has until the end of May to decide whether to enact legislation that would subject as much as a quarter of an injured worker’s indemnity benefits…
Houses Passes Physician Assistant Treatment Authorization Bill
The Oregon state House of Representatives unanimously passed a bill that would allow physician assistants to treat injured workers and authorize temporary disability under the same rules that apply to…
Failure to Report Injury Leads to Fraud Charge
The owner of a Minnesota construction company was charged with workers’ compensation fraud after failing to report an injury at a job site, according to a report by an ABC…
Supreme Court Denies Worker’s Request for Repayment of PPD Benefits
The West Virginia Supreme Court upheld the denial of a worker’s request for repayment of permanent partial disability benefits offset against overlapping permanent total disability benefits. Case: Beckelhimer v. Office of Insurance…
Split Supreme Court Says Voluntary Separation Isn’t Spousal Desertion
A divided Iowa Supreme Court ruled that a married couple's separation did not result in spousal desertion, so the husband remained entitled to benefits after the wife died from a…
Per Diem State Employee Can’t Get Enhanced Benefits That Permanent Employees Receive
The Connecticut Appellate Court ruled that a per diem state psychiatrist was not entitled to the enhanced, full salary disability benefits that permanent employees could receive. Case: Kelly v. Department of…
Lawmakers Pass Bill to Create Self-Insurance Reserve Fund
Washington lawmakers passed a bill that would create a separate trust fund to collect certain assessments paid by self-insured employers. The state House of Representatives on Thursday voted 98-0 to pass…
Hearing Set for Bill to Exclude TD Duration for Overturned Treatment Denial
California lawmakers are scheduled later this month to hear testimony on a measure that would exclude from the cap on benefit duration the amount of time spent waiting for a…
Supreme Court Revisits Worker’s Ability to Collect UM Benefits for Accident Caused by Colleague
The South Carolina Supreme Court revisited its ruling on the determination of the amount a plaintiff is "legally entitled to recover" from an underinsured motorist provision of an insurance policy when…
High Court Upholds Compensability of Electrician’s Leukemia From Benzene Exposure
The West Virginia Supreme Court unanimously upheld an award of benefits to an electrician who developed leukemia after years of exposure to benzene. Case: Chapman Corp. v. Kemp, No. 21-0501, 04/05/2023,…