FL - Cop Entitled to Benefits for PTSD Under Law Effective After Injury-Causing Event
12/05/2022 | 0
A Florida appellate court said a police officer who filed a claim for post-traumatic stress disorder after responding to a school shooting that left 17 people dead was eligible for indemnity benefits because while the incident happened before a change in state law, his disability didn’t begin until he was placed on administrative leave.
Matthew Casey was a police officer for the City of Hallandale Beach. He was among the officers who responded to the school shooting at Marjory Stoneman Douglas High School in February 2018.
While helping to clear students and secure the building, Casey ...
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A Florida appellate court ruled that a judge of compensation claims found that an employer did not authorize an appropriate one-time change physician for a worker’s finger injury based solely on the fact that the doctors had different board certifications.
Case: B&A Gourmet Foods LLC v. Mora-Abreu, No. 1D20-2943, 11/30/2022, published.
Facts: Yeimy Mora-Abreu worked for B&A Gourmet Foods. She suffered an injury to her left index finger while working with a food press.
After receiving emergency care at a local hospital, she was evaluated by Dr. Raul Cortes. He is board certifie...
In a case of first impression, Maryland’s highest court ruled that the "definite proof” that a worker must show in a hernia claim applies to the quality of evidence that he must submit as part of his burden of production.
Case: United Parcel Service v. Strothers, No. 9, 12/01/2022, published.
Facts: David Strothers worked for United Parcel Service. He injured himself at work in 2016 while attempting to dislodge a jam on a sorter. Dr. Joshua B. Macht determined Strothers had suffered a left inguinal hernia and umbilical hernia, and he attributed them to Strothers’ ...
Oregon’s Occupational Safety and Health Division fined a mattress retailer more than $66,000 for exposing its workers to serious injury or death from potential traffic accidents by allegedly forcing them to use a truck without windshield wipers or a working seat belt.
The agency commonly known as Oregon OSHA said it cited Mattress Megastore in Hillsboro following an inspection prompted by a confidential complaint. The inspection found the employer reportedly exposed workers to potential traffic accidents by requiring them to operate a 1-ton delivery truck the agency said was clearly uns...
HSC International Ltd. was ordered to pay $180,000 in restitution after pleading guilty to premium fraud allegations, the Texas Department of Insurance announced.
HSC International, a janitorial company based in Frisco, was accused of providing false payroll information to Texas Mutual Insurance Co. to fraudulently reduce its workers’ compensation premiums from Sept. 2, 2014, through Dec. 5, 2016.
The corporation pleaded guilty to the felony fraud charge and was convicted last week.
“The workers’ compensation system is participant-funded, and when a bad actor defrauds the ...
Following four years of efforts to provide first responders with coverage for post-traumatic stress disorder, Missouri lawmakers are set to consider another bill that would classify the condition as an occupational illness.
HB 164, filed Thursday, would recognize PTSD as an occupational disease for first responders.
State lawmakers considered similar bills in 2019, 2020, 2021 and earlier this year. Each failed to gain traction, although at least one effort was successful in highlighting mental health struggles among first responders.
In 2021, Missouri Gov. Mike Parson signed SB 57 and HB 8,...
A bill pre-filed with the Texas Legislature would give insurers 60 days to contest or deny a workers’ compensation claim for certain public safety employees before forfeiting the right to litigate.
HB 790 would apply to claims for “benefits, compensation or assistance by certain public safety employees and survivors of certain public safety employees.”
The bill states that if a workers’ comp insurer denies a claim for medical benefits on or before the 60th day after it received “reasonable notice” of a workplace injury, and an administrative...
New Jersey’s Appellate Court division is the proper venue for a former workers’ compensation judge to bring allegations that she was fired in retaliation for reporting concerns about unethical conduct among colleagues and co-workers, a trial judge ruled.
A Mercer County Superior Court judge on Wednesday transferred the case to the Appellate Court division, saying it has exclusive jurisdiction to review final decisions or actions of a state agency or officer.
Audrey Kernan, in a complaint filed Sept. 1, sued the state, the Labor Department and Commissioner Robert Asaro-Angelo, and...
Tuesday evening, October 4, in an in-person ceremony at the Paséa Hotel and Spa in Huntington Beach, CA.
Yvonne Guibert and Rafael Gonzalez, Esq. co-hosted the awards ceremony that took place on Paséa's Ocean Lawn with the sun setting over the Huntington Beach Pier. Yvonne Guibert, vice pre...
The West Virginia Supreme Court ruled that the supervisors of a worker who was killed in a trench collapse were entitled to immunity from civil liability because they did not have a deliberate intent to harm the man.
Case: Edwards v. Stark, No. 21-0589, 11/17/2022, published.
Facts: In 2018, the City of Shinnston started planning for a storm drain installation project along Van Rufus Drive. The city considered contracting the job to a third party but refused all quotes and decided to use city equipment and employees instead.
Robert Stark worked for the city’s Public Works and Uti...
The Montana Workers' Compensation Court clarified the proper calculation of an injured worker’s "average weekly wage received at the time of the injury, subject to a maximum of 40 hours a week."
Case: Andrews v. Montana State Fund, No. 2022-5957, 11/09/2022, published.
Facts: Tanya Andrews suffered injuries while working as a janitor in 2019. She worked in a modified job and suffered a partial wage loss as a result.
Her employer had workers’ compensation coverage from Montana State Fund, which determined that Andrews was entitled to temporary partial disability ben...
A New York appellate court ruled that a bus driver was entitled to benefits for repetitive trauma injuries over a 31-year career.
Case: Matter of Grinnage v. New York City Transit Authority, No. 534112, 11/17/2022, published.
Facts: Gregory Grinnage worked for the New York City Transit Authority as a bus driver for 31 years. In March 2020, he sought medical treatment from Dr. Gideon Hedrych with complaints of pain and limitations to his wrists, hands, knees, left hip and left shoulder.
Grinnage reported that his left shoulder symptoms began in 2005 and that he had received cortisone in...
A New York appellate court rejected the Labor Law claim filed by a worker who was injured when a refrigerator fell on her.
Case: Duque v. 50 Clinton Property Owner LLC, No. 150450/18, 11/10/2022, published.
Facts: Maria Duque worked for a cleaning company that was hired by 50 Clinton Property Owner LLC to clean newly constructed apartments before they were turned over to tenants.
Duque was cleaning a refrigerator that had been left on a delivery dolly when it fell on her, causing injury.
Procedural history: Duque filed suit against Clinton, asserting a claim for violation of Labo...
Proposing $363,890 in new penalties for a Middlefield contractor, the Occupational Safety and Health Administration has placed C.R.H. Roofing LLC into its Severe Violator Enforcement Program after more than three years of failed inspections and unpaid fines, the agency announced Wednesday.
Twice in six days in June 2022, federal safety inspectors observed workers exposed to deadly fall hazards at two job sites, “continuing a pattern of disregard for workplace safety dating back to 2019,” OSHA said.
The agency identified four willful and two repeat violations during inspections. W...
The Texas Department of Insurance announced that the National Council on Compensation Insurance proposed changes to various workers’ compensation documents.
NCCI on Wednesday submitted a regulatory filing that would:
Reformat the table of classifications by hazard group in NCCI's Basic Manual for Workers’ Compensation and Employers Liability Insurance.
Update various rules and classifications in NCCI's Basic Manual and NCCI's Residual Market Manual for Workers’ Compensation and Employers Liability Insurance.
Update Texas Form DNE-1A, “Deductible Notice...
The majority of carriers were graded as average performers or high performers in the Texas Division of Workers’ Compensation’s 2022 performance-based oversight assessment.
The DWC on Thursday announced that 41 carriers, or 30% of those assessed this year, graded out as “high tier performers,” while another 82 carriers, 60% of those assessed, were classified as “average tier performers.” The remaining 13 carriers, representing 10% of those reviewed this year, were deemed “poor tier performers.”
The results are comparable to those from 2020 ...
