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Failure to List Exhibits on Conference Statement Not a Harmless Error

by David Schek | May 19, 2025 | Uncategorized

The Workers’ Compensation Appeals Board erred when it held that the failure to list in a pretrial conference the statement reports from a qualified medical evaluator was harmless, a California…

Widow Fails to Link Worker’s Death, Dementia to Occupational Hearing Loss

by David Schek | May 19, 2025 | Uncategorized

West Virginia’s Intermediate Court of Appeals ruled that a worker’s widow failed to link his dementia and death to his occupational hearing loss.

Case: Clark v. U.S. Steel Mining Co. Inc.,…

Sole Proprietor’s Request Constitutes ‘Election of Coverage’

by David Schek | May 19, 2025 | Uncategorized

The Delaware Superior Court ruled that a sole proprietor’s election of coverage was sufficient to cover him under the policy issued to his business and that his petition to determine compensation…

Court Upholds Termination of Volunteer Firefighter’s Operational Privileges

by David Schek | May 19, 2025 | Uncategorized

A New York appellate court upheld the termination of a volunteer firefighter’s operational privileges due to his failure to disclose his disabled designation by the Workers’ Compensation Board, among other…

Worker’s Inadequate Briefing Leads to Forfeiture of Issues on Appeal

by David Schek | May 19, 2025 | Uncategorized

A Texas appellate court ruled that an injured worker forfeited any issues on her appeal due to inadequate briefing.

Case: Jones v. Mansfield Independent School District, No. 02-24-00355-CV, 05/15/2025, published.

Facts and…

Court Upholds Award of Wage-Loss Disability Benefits

by David Schek | May 16, 2025 | Uncategorized

The Arkansas Court of Appeals upheld a finding that a worker was entitled to 50% wage-loss disability benefits.

Case: Arkansas Department of Transportation v. Payne, No. G307065, 05/07/2025, published.

Facts: Russell Payne…

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