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CA - Privette Doctrine Bars Worker's Claim for Damages

06/21/2024 | 0

A California appellate court determined that the Privette doctrine entitled the defendants in a civil suit to summary judgment dismissing a worker’s claim for injuries from a fall from a ladder inside a jet fuel tank. In 2017, Burns & McDonnell Engineering Co. Inc. was the general contractor for a fuel systems improvement project at San Francisco International Airport.  Burns hired HMT LLC as a subcontractor to replace the floor of a jet fuel tank, and HMT hired Team Industrial Services Inc. as a sub-tier independent contractor to inspect welding. Team’s contract w... Read More

TX - Nonsignatory Can't Compel Arbitration of Wrongful Death Claim

06/21/2024 | 0

A Texas appellate court ruled that a nonsignatory to an agreement could not compel arbitration of a family’s wrongful death claims despite its purported adoption of an occupational injury benefit plan. Case: MVT Services v. Robles, No. 08-23-00181-CV, 06/17/2024, published. Facts: Orlando Robles and Juan Garcia worked for OEP Holdings LLC. OEP leased them to MVT Services LLC to work as truck drivers. On Oct. 28, 2020, Garcia was driving an 18-wheeler on an interstate near Roland, Oklahoma, when he collided with a stopped truck. Robles was in the sleeper berth of the rig at the time of... Read More

NJ - Court Upholds Summary Dismissal of Civil Claim From Ladder Accident

06/21/2024 | 0

The Superior Court of New Jersey’s Appellate Division upheld the summary dismissal of a worker’s civil claim for injuries he allegedly sustained on a construction project. Case: Gjana v. Daibes Enterprises LLC, No. A-2651-22, 06/12/2024, unpublished. Facts: In March 2017, 525 Livingston DFT 2017 LLC hired Waterside Construction LLC to build a shopping center with residential apartments on property in Norwood owned by 525 Livingston. The contract was signed by Fred Daibes on behalf of 525 Livingston and by Paul Daibes on behalf of Waterside. Neither the contract nor any... Read More

KY - Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred

06/21/2024 | 0

The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC, 06/13/2024, unpublished. Facts: Amy Arndt worked for Jefferson County Public Schools as a band teacher. In 2019, she was on Interstate 65 in Bullitt County driving to a band event when her vehicle was struck from behind. Arndt received temporary total disability benefits through July 2019. In August 2019, the Kentucky Department of Workers’ Claims sent Arndt ... Read More

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Press - Sullivan on Comp Launches ChatSOC, an Innovative Chatbot for California Workers' Compensation Professionals, Integrated with Authoritative Legal Treatise

04/22/2024 | 0

  LOS ANGELES, April 22, 2024 - Sullivan on Comp, the leading comprehensive digital resource on California workers' compensation law, proudly announces the launch of ChatSOC, an advanced chatbot designed to streamline workers' compensation inquiries for professionals in the field. Officially launching today, ChatSOC integrates directly with the Sullivan on Comp digital treatise, provid... Read More

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Industry Insights

CA - Montgomery: Athens Halts Processing 99 Cents Stores Bills

By Catherine Montgomery
06/21/2024 | 0

In April, 99 Cents Only Stores LLC declared bankruptcy, leaving the self-insured employer with no way to pay its third-party administrator, Athens Administrators, for handling its injured employees’ claims. As a result, Athens has ceased processing providers’ bills for treating 99 Cents Stores workers. California’s Department of Industrial Relations has assigned 99 Cents Stores claims to the Self-Insurers’ Security Fund. Per the California Labor Code, the DIR may declare the SISF responsible for meeting 99 Cents Stores' obligations to its i... Read More

FL - Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud

06/21/2024 | 0

A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability pension, according to a report by the Tampa Free Press. Scott Penna was arrested Thursday and charged with grand theft, scheme to defraud and pension fraud. Penna has reportedly been on and off light duty since a January 2023 injury sustained while removing someone from his patrol car. Penna had two surgeries on his right arm. He applied for a disability pensi... Read More

AL - Bill Proposes Comp Coverage for Public School Teachers

06/21/2024 | 0

The first bill filed ahead of the 2025 legislative session would provide workers’ compensation benefits to Alabama’s public school teachers. Senate Bill 1, by Sen. Sam Givhan, R-Huntsville, would create the Public Education Employee Injury Compensation Program, the Public Education Employee Injury Compensation Trust Fund and the Public Education Employee Injury Compensation Board. According to language in a synopsis appended to the bill, as well as multiple media reports, public education employees in Alabama are required to pay out-of-pocket for any expenses associated with an o... Read More

CA - DWC Updates Provider Fee Schedule

06/21/2024 | 0

The California Division of Workers’ Compensation posted an order updating the physician and nonphysician practitioner section of the Official Medical Fee Schedule for the third fiscal quarter. The division said the revised fee schedule incorporates the following Medicare changes: National Physician Fee Schedule Relative Value file. ZIP code to carrier locality files. Updated practitioner procedure-to-procedure edits. Updated medically unlikely edits. The updates apply to services provided on or after July 1. A copy of the order updating the fee schedule is here. ... Read More

MD - Worker Fails to Prove Occupational Disease, Accidental Injury From Chemical Exposure

06/20/2024 | 0

The Maryland Appellate Court upheld the denial of a worker’s claim of occupational disease and accidental injury from his alleged chemical exposure. Robert Butler worked as a driver for Velocity Rail Solutions. He allegedly was injured by inhaling chemical fumes in his Velocity work truck in February 2019. Butler asserted that there was a leak in the antifreeze reservoir that caused him to breathe smoke from a vent, which made him pass out. After this incident, he sought medical treatment. Butler reported having fatigue, cold symptoms and chills, but he did not report any workpla... Read More

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Press - CENTRE FOR NEURO SKILLS SPONSORS KIDS CHANCE OF AMERICA

05/16/2024 | 0

CENTRE FOR NEURO SKILLS SPONSORS KIDS CHANCE OF AMERICA Centre for Neuro Skills and Kids Chance of California work together to provide educational scholarships for children of injured workers Bakersfield, Calif. (May 16, 2024) Centre for Neuro Skills (CNS), a leading provider of traumatic and acquired brain injury rehabilitation services, announced its Silver Sponsorship of Kids Chance of California (KCOCA). Kids Chance, a national organization, provides scholarships and support to children of workers injured on the job. While Centre for Neuro Skills focuses on providing ... Read More

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AZ - Court Upholds Denial of Worker's Request to Reopen Car Accident Claim

06/20/2024 | 0

The Arizona Court of Appeals upheld the denial of a worker’s request to reopen his claim arising out of a car accident. Case: Parr v. Industrial Commission, No. 1 CA-IC 23-0018, 06/04/2024, unpublished. Facts: Larry Parr worked for United Civil Group. In February 2015, a tire blew out on Parr’s work vehicle, causing it to spin, flip and roll while going approximately 80 miles per hour. Parr suffered multiple injuries. Parr received medical treatment and psychiatric care through United’s insurance carrier. The carrier closed his claim without a permanent impa... Read More

KY - Supreme Court Says TTD Award Not Immediately Appealable

06/20/2024 | 0

The Kentucky Supreme Court ruled that an administrative law judge’s order awarding temporary total disability benefits to an injured worker was interlocutory and not appealable. Case: Spencer County Fiscal Court v. Day, No. 2023-SC-0120-WC, 06/13/2024, unpublished. Facts: In December 2019, Gary Day suffered a bilateral shoulder injury while working as a mechanic for Spencer County. Day continued to work for Spencer County after his injury until May 2020, when he underwent surgery on his right shoulder. Spencer County paid Day $641.94 per week in temporary total disability from May 26,... Read More

NY - Summary Judgment for Worker's Labor Law Claim Overturned

06/20/2024 | 0

A New York appellate court overturned a grant of summary judgment for a worker on his Labor Law claim based on his alleged man lift accident. Case: Hartigan v. Gilbane Building Co., No. 152414/18, 595507/18, 06/13/2024, published. Facts: Terence Hartigan allegedly suffered injuries when he fell as he was climbing from a retracted man lift from which he had been performing overhead fire-sprinkler work. Hartigan said he slipped while descending the lift's affixed metal ladder due to moisture on its rungs and fell 4 to 5 feet to the ground. Procedural history: Hartigan filed sui... Read More

CA - Amazon Fined $5.9M for Violating Quota Law

06/20/2024 | 0

The California Labor Commissioner's Office on Tuesday announced that it fined Amazon $5.9 million for violating the state’s warehouse quota law. Amazon failed to provide written notice of quotas as required by Assembly Bill 701, which took effect Jan. 1, 2022. The labor commissioner said it fined Amazon $100 for each of the 59,017 violations found at warehouses in Moreno Valley and Redlands between Oct. 20, 2023, and March 9. Assembly Bill 701 requires employers who control 100 or more employees at a single distribution center of 1,000 or more employees at one or more distribution ... Read More

NY - Roofer Sentenced in Workplace Death Cover-Up

06/20/2024 | 0

The owner of a New York roofing company was sentenced Monday to five years of probation and ordered to pay fines of an undisclosed amount in connection with the cover-up of a workplace death. Jeremiah Wiedemann, owner of Wiedemann Sons Roofing, was sentenced by Fulton County New York Supreme Court Judge Chad W. Brown after previously pleading guilty to tampering with physical evidence, a Class E felony, and a misdemeanor count of failing to secure workers' compensation insurance. Wiedemann, of Gloversville, also pleaded guilty to an additional charge of falsely reporting an incident... Read More

NATL. - AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

06/20/2024 | 0

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the company said. In this role, he will develop and implement sales, marketing and account service strategies for AppliedVR’s workers’ comp channel. Marsau has held executive positions in workers’ compensation medical management companies for more than 25 years, beginning with Cypress Care, an ancillary care provider that is now... Read More

CA - CWCI: Evidence to Support Heat Injury Presumption 'Lacking'

06/18/2024 | 0

The California Workers’ Compensation Institute on Monday said there’s a lack of evidence to support a legislative proposal to create a presumption that heat injuries arise out of employment for agricultural workers whose employers violate certain workplace safety rules. CWCI said the comparatively few heat-injury claims by farm workers suggests employers are already complying with the Division of Occupational Safety and Health outdoor heat safety standards. And, the  overall denial rate for submitted agricultural claims  of 11% is lower than the denial rates for other in... Read More