Blog - Lastest News from Work Comp Staffing Solutions
Split Appellate Court Orders Further Proceedings to Determine if Worker Hit Cap on Benefits
A divided District of Columbia Court of Appeals ordered further proceedings by the Compensation Review Board to determine if an injured worker had met the statutory cap on her eligibility…
NCCI Proposes 7.2% Loss Cost Decrease
West Virginia Gov. Jim Justice announced that the National Council on Compensation Insurance filed a proposed workers’ compensation loss cost decrease of 7.2%, effective Nov. 1. The premium reduction results in…
No Summary Judgment on Labor Law Claim for Worker Who Fell From Ladder
A New York appellate court ruled that triable issues prevented either party in a Labor Law action from being granted summary judgment. Case: Abdelhay v. 1105 Group Property Management LLC, No.
CWCI Study Questions Efficacy of Narrowing Window for Liability Decisions
Legislation that supporters say would remediate delays and denials in cases involving injuries that are presumed compensable would likely have no effect on the majority of claims and could result…
Worker Shouldn’t Have Been Assessed Fee for Exam Canceled by Doctor
A Florida appellate court ruled that an injured worker should not have been assessed a cancellation fee for an examination canceled by the doctor. Case: Baptiste v. Sunrise Community, No. 1D21-3736,…
Arbitrator Must Decide Whether Employer Waited Too Long to Demand Arbitration
A Texas appellate court ruled that an arbitrator had to decide whether a statute of limitations deadline in an arbitration agreement barred a nonsubscribing employer from compelling arbitration of a…
DWC Clarifies MPN Directory Requirements
The California Division of Workers’ Compensation said it will disapprove of medical provider network listings that include the names of non-professional organizations, management services, scheduling and coordinating companies, cost-containment firms…
Armored Car Guard Shot by Co-Worker Can’t Proceed With Negligence Claim
A New York appellate court ruled that an armored car guard could not proceed with a negligence case against a co-worker who accidentally shot him. Case: Guida v. Rivera Investigations Inc.,…
Court Upholds Partial Dismissal of Labor Law Claim for Lift Accident
A New York appellate court upheld the dismissal of part of a worker’s Labor Law claim for an accident involving a scissor lift. Case: Shantz v. Barry Steel Fabrication Inc., No. 401…
Availability of Eye Protection Not Enough for Contractor to Get Dismissal of Labor Law Claim
A New York appellate court ruled that a general contractor was not entitled to summary judgment dismissing a worker’s Labor Law claim just because it provided eye protection equipment at…
Worker Fails to Prove Accident Happened
A New York appellate court overturned summary judgment for a worker who allegedly fell when an elevated deck collapsed or dislodged. Case: Hann v. S&J Morrell Inc., No. 314 CA 21-00984, 07/08/2022,…
Emergency Med-Legal Telehealth Rule Takes Effect
The California Division of Workers’ Compensation announced that its emergency rule allowing medical-legal evaluations via telehealth was extended through Oct. 18. In January, the DWC adopted emergency rules allowing telehealth and telemedicine…