Blog - Lastest News from Work Comp Staffing Solutions
Comp Statutes Preclude Daubert Challenges to EMA Opinions
In a case of first impression, a Florida appellate court ruled that the statutory governing procedures for workers’ compensation mediation and hearings preclude a Daubert challenge to expert medical adviser opinions. Case:…
Initial Filing of PFB Doesn’t Toll Statute of Limitations After Voluntary Dismissal of Claims
A Florida appellate court ruled that if an employee voluntarily dismisses his petition for benefits before the employer’s acceptance of compensability or the adjudication of any entitlement, the initial filing…
Court Upholds Increase in Worker’s PPD Award for Back Injury
West Virginia’s Intermediate Court of Appeals upheld an increase in a worker’s permanent partial disability award for a back injury. Case: Alpha Metallurgical Resources Inc. v. Kincaid, No. 25-ICA-65, 08/29/2025, published. Facts:…
Defendants in Civil Suit Over Worker’s Electrocution Get Partial Summary Judgment
The Delaware Superior Court ruled that the defendants in a civil suit over a worker’s electrocution were entitled to partial summary judgment dismissing the claims against them and that the employer…
Jury’s Finding of Permanent Disability Not Grossly Excessive
The Maryland Appellate Court upheld a jury’s determination that a firefighter suffered a 63% permanent partial disability from a back injury. Case: Prince George’s County v. Schroeder, No. 1098, 09/02/2025, unpublished. Facts…
Worker’s Mileage Reimbursements Properly Excluded From AWW Calculation
The Kentucky Court of Appeals ruled that a worker’s average weekly wage was properly calculated as excluding the mileage reimbursements she received from her employer. Case: Harris v. Mercy Home Health,…
DWC Updates Fee Schedules
The California Division of Workers' Compensation announced fee schedule updates to conform to changes made by the U.S. Centers for Medicare and Medicaid Services. The division said it posted an order…
Claims Administrator Unreasonably Denies Reinstatement of Worker’s TTD
West Virginia’s Intermediate Court of Appeals ruled that a claims administrator unreasonably denied reinstatement of a worker’s temporary total disability benefits for failure to attend a medical evaluation. Case: Maxim Healthcare…
NCCI Recommends 6.9% Rate Cut
The National Council on Compensation Insurance is recommending that the Florida Office of Insurance Regulation reduce workers' compensation rates by an average of 6.9%, effective Jan. 1. Improved loss experience in…
Gideon Baum Succeeds Alex Swedlow as CWCI President
Gideon Baum succeeded Alex Swedlow to become the fifth president of the California Workers' Compensation Institute, effective Monday. Gideon Baum Baum joined CWCI as chief operating officer in February 2024. CWCI…
Board Fails to Properly Analyze Worker’s Claim for Additional Treatment, Pain Management
West Virginia’s Intermediate Court of Appeals ruled that the Board of Review failed to properly analyze a worker’s claim for additional treatment and pain management. Case: Boggs v. Justice Family Group…
Service Error Warrants Dismissal of Carrier’s Claim
A Pennsylvania appellate court upheld the dismissal of an insurance carrier’s breach of contract claim against an employer for its alleged failure to pay its workers’ compensation premiums, finding the…