NE - Court Reverses Award Due to Judge's Erroneous Evidentiary Rulings
12/06/2024 | 0
The Nebraska Court of Appeals ruled that a compensation court judge committed an abuse of discretion by admitting a worker’s evidence regarding medical expenses.
Suzanna Averill worked for Omaha Public Schools as a special education teacher.
A student kicked her in the knee in August 2017. Although Averill sought immediate treatment, her condition worsened, and she developed complex regional pain syndrome.
At trial, Averill offered 40 exhibits, including a summary of her medical records. Her attorney said this was done because the records were voluminous.
OPS objected to the sum...
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The West Virginia Supreme Court overturned an award of benefits to an injured worker, finding that additional evidence was needed to establish whether his preexisting conditions created an ascertainable impairment.
Case: Barker v. Rescare, No. 22-0078, 11/26/2024, published.
Facts: Jerrald Barker worked for Rescare. He injured his back at work in March 2018.
Rescare’s insurance carrier accepted liability for a back strain and lumbar intervertebral disc disorder.
Dr. Marsha Bailey examined Barker in August 2019 and assigned Barker a 7% impairment rating.
Dr. Bruce Guberman examined B...
A New York appellate court ruled that a worker established his entitlement to benefits for his injuries from an accident at a construction site.
Case: Matter of Arce v. Schear Construction LLC, No. CV-23-1830, 11/14/2024, published.
Facts and procedural history: Cesar Arce worked for Schear Construction LLC. He filed a workers’ compensation claim alleging he sustained injuries to his head, neck, back, left shoulder and knees while he and a co-worker were installing drywall on a ceiling.
A workers’ compensation law judge denied the claim, finding Arce’s testimony was not cr...
A New York appellate court ruled that an injured worker’s attorney was not entitled to take a portion of the penalties awarded to his client as a fee.
Case: Matter of Gonzalez v. Northeast Parent & Child Society, No. CV-23-1272, 11/14/2024, published.
Facts and procedural history: Wilfredo Gonzalez worked for the Northeast Parent & Child Society. He established a workers’ compensation claim for a back injury.
A workers’ compensation law judge issued an award to Gonzalez, and his attorney was granted a fee of $2,189.93 as a lien on his award, pending receipt of...
Telehealth is an increasingly important component of medical treatment, including for workers’ comp patients.
New York providers treating injured workers must know the rules regarding when telehealth care is permissible (and payable). In this first part of our series on telehealth for New York State workers’ comp, we break down:
Which types of providers may treat injured workers via telehealth.
Technical (i.e., video and/or audio) and other requirements for administering treatment via telehealth.
N.Y. providers eligible to treat via telehea...
The Minnesota Occupational Safety and Health Administration proposed $730,369 in penalties for violating commercial diving standards that resulted in the drowning of an 18-year-old worker.
Joe Anderson died in May while removing aquatic weeds for Your Lake Aquatic Plant Management.
The state agency said its investigation found that the company's employees did not have the experience or training necessary to work safely and were not trained in CPR and first aid. Additionally, the company failed to designate an employee who was in charge of all aspects of the diving operation, did not...
The federal Occupational Safety and Health Administration fined an Illinois roofing contractor $262,631 for 13 alleged safety violations inspectors uncovered during three inspections over four months.
OSHA said inspectors observed employees of Fino Exterior Inc. working on residential structures without fall protection equipment in June, August and October. The company was also cited for allowing work near energized power lines, not providing hard hats, improper use of ladders and lack of eye protection.
OSHA on Monday levied $89,229 in penalties for four alleged violations in October, ...
Workers' compensation carrier Summitt announced that it started offering coverage in Illinois.
The company said the Illinois Department of Insurance authorized its affiliates, including Bridgefield Casualty Insurance Co., Bridgefield Employers Insurance Co. and Bridgefield Indemnity Insurance Co., to start covering employers in the state.
Summit is based in Lakeland, Florida, and is a member of Great American Insurance Group. Summit manages the day-to-day operations of six workers’ compensation insurance companies that include the Bridgefield entities as well as three non...
The Workers' Compensation Insurance Rating Bureau of California announced that its Actuarial Committee is meeting Tuesday and its Governing Committee is meeting Wednesday.
Members of the Actuarial Committee will discuss the impact of COVID-19 on classification relativities as well as insurer experience through Sept. 30. Committee members will also review a study of allocated loss adjustment expense costs and potential study projects for the coming year.
The Governing Committee will review the proposed actuarial and research projects for 2025 as well as the meeting schedule for next year....
The Oregon Court of Appeals revived an employment discrimination case by a worker against his employer and others who participated in the process that led to the denial of his claim for workers’ compensation benefits.
Rafael Castillo worked for Perlo Construction LLC. He alleged that co-workers repeatedly harassed him because of his Chilean nationality and limited English skills.
Castillo claimed he reported the harassment to Perlo, but his supervisors concluded, without an adequate investigation, that either the conduct had not occurred or that the sort of harassme...
A New York appellate court upheld the suspension of a worker’s benefits due to her failure to demonstrate attachment to the labor market.
Case: Matter of Sanchez v. Baldor Specialty Foods Inc., No. CV-23-1870, 11/14/2024, published.
Facts: Daysi Sanchez worked for Baldor Specialty Foods Inc. She established a workers' compensation claim for work-related injuries to the left knee, low back and consequential depression.
Procedural history: Sanchez was awarded benefits for temporary partial disability at various tentative rates and was directed to provide evidence of labor market att...
A divided Commonwealth Court of Pennsylvania ruled that a volunteer firefighter was entitled to benefits for cancer.
Case: Borough of Hollidaysburg v. Detwiler (WCAB), No. 739 C.D. 2023, 11/19/2024, published.
Facts: Paul Detwiler served as a volunteer firefighter for the Borough of Hollidaysburg. He was diagnosed with chronic myeloid leukemia in December 2014, but he allegedly did not believe his cancer was related to his fire service until he learned of the statutory presumption of industrial causation in January 2019.
In December 2019, Dr. Tee Guidotti issued an opinion that Detwiler&rsq...
The West Virginia Supreme Court upheld a denial of benefits for an injured worker's diagnoses of sacrococcygeal disorder and sacroiliitis.
Case: Acord v. Family Dollar Stores of West Virginia LLC, No. 23-630, 11/26/2024, published.
Facts and procedural history: Angela Acord worked as a store clerk for Family Dollar Stores of West Virginia LLC. She injured her back while lifting dog food at work in March 2014.
Acord was diagnosed with a sprain/strain of the lumbar spine. A claims administrator for Family Dollar’s insurance carrier accepted liability for the condition.
In May ...
A bill introduced ahead of the 2025 legislative session aims to protect workers in stonecutting shops from exposure to respirable crystalline silica.
Senate Bill 20, by Sen. Caroline Menjivar, D-Van Nuys, would require using wet methods to cut stone slab products for countertops and other projects. The bill would authorize the Division of Occupational Safety and Health to issue immediate stop-work orders to companies cutting stone slabs using dry methods.
The bill would also direct the Department of Public Health to adopt a training curriculum for safe fabrication activities and implement a ...
A California lawmaker introduced legislation to codify in statute full-pay salary continuation benefits for park rangers in Sacramento County just months after Gov. Gavin Newsom said in a veto message that rangers should negotiate benefits as part of the collective bargaining process.
Sen. Angelique Ashby, D-Sacramento, on Monday introduced Senate Bill 8.
The measure would add park rangers employed by Sacramento County to the list of first responders entitled to receive up to 52 weeks of salary continuation benefits in lieu of temporary disability benefits.
Ashby was the author of SB 1058, ...
WA - Employers of Adult Entertainers Face New Safety Regs in 2025
Employers of adult entertainers will face new safety requirements, including panic buttons and improved security measures, the Washington State Department of Labor & Industries announced.
SB 6105, signed into law in March, mandates that starting Jan. 2, employers must install and maintain accessible panic buttons in bathrooms, dressing rooms and each room where entertainers could be alone with customers and secure dressing and locker rooms with a keypad requiring an entry code.
Security guards must also be present during operating hours, according to the regulations.
Establishments...