OR - Court Upholds Denial of School Employee's Wrist Injury Claim
11/13/2024 |
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The Oregon Court of Appeals upheld the denial of a school district employee’s claim of injury to her wrist.
Krista Wilson worked for the Saint Helens School District as a special education paraprofessional. She suffered injuries at work in October 2017 when a student grabbed her wrist and twisted it.
The district accepted liability for a cervical strain and left trapezius strain.
In the months that followed the incident, Wilson began to complain that pain in her wrist was her main issue. Doctors determined that she had an ulnar positive variant, a congenital abnormality.
In December ...
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IL - No Disability Pension for Police Officer Who Refused Surgery
11/13/2024 |
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The Illinois Appellate Court upheld the denial of a disability pension to a police officer who refused surgery to address his injury.
Case: Shirley v. Village of Clarendon Hills Police Pension Fund, No. 3-23-0257, 10/30/2024, published.
Facts: Aaron Shirley worked as a police sergeant for the Clarendon Hills Police Department. He suffered an injury to his right shoulder in March 2019 while assisting paramedics with restraining a minor.
Dr. Giridhar Burra diagnosed Shirley with a torn labrum. Burra recommended surgery, but Shirley opted for conservative treatment.
When Shirley’s sympt...
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NY - Worker Who Fell From Scaffold Gets Summary Judgment on Labor Law Claim
11/13/2024 |
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A New York appellate court ruled that a worker who fell from a scaffold should have been granted partial summary judgment on his Labor Law claim.
Case: Ruiz v. BOP 245 Park LLC, No. 159255/19, 10/31/2024, published.
Facts: Jose Ruiz suffered injuries when he fell off a scaffold that moved while he was standing on it.
Procedural history: Ruiz filed suit against BOP 245 Park LLC, asserting a claim for a violation of Labor Law Section 240(1) and 241(6).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing to provide adequate s...
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KY - Respiratory Nurse Fails to Prove She Contracted COVID at Work
11/13/2024 |
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A nurse working providing respiratory care to prepare patients for surgery failed to prove she contracted COVID-19 at work in November 2020, an appeals court in Kentucky ruled Friday, reversing an earlier determination that classified her illness as one that was “occupational.”
An administrative law judge dismissed the case, finding that Gina Murphy did not carry her burden of proving that the injury occurred while working at Norton Healthcare in Brownsboro, and thus her employer rightfully denied her workers' compensation claim.
The Workers’ Compensation Board reversed...
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Press - Rising Medical Solutions Publishes 11th Annual Workers' Compensation Benchmarking Study
10/30/2024 |
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Survey of 1,300+ Frontline Claims Professionals Reveals Industry Trends and Future Direction
Chicago, IL (October 30, 2023) Rising Medical Solutions today announced the release of its 11th annual Workers' Compensation Benchmarking Study Report. The newly published study builds upon a decade of research into the evolving landscape of modern claims management.
Based on a survey conducted in late 2023, the most recent Report quantifies the challenges, motivations, and experiences of more than 1,300 frontline claims professionals. These professionals, with their expertise, empathy and effici...
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Industry Insights
IA - Snyder: The Minor Injury Blows Up Again
By Teddy Snyder
11/13/2024 |
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Though there are a number of points of differentiation, a new opinion from the Iowa Court of Appeals again demonstrates the value of settling and getting out early.
I’ve seen this before
Employee Heather Blasdell injured her ankle in November 2012. The following year, this morphed into lower-back pain and depression resulting from the ankle injury.
Stop right there. Do you think the parties tried to settle the case while it was still an ankle injury? How about in 2017, 2018, 2019, 2020? I don’t know beans about Iowa workers' compensation law. May...
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WV - Supreme Court Upholds Denial of Worker's Request for Additional PPD
11/13/2024 |
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The West Virginia Supreme Court upheld the denial of a worker’s request for additional permanent partial disability benefits for her broken leg.
Case: Gajdos v. Appalachian Electronic Instruments Inc., No. 23-720, 10/30/2024, published.
Facts: Andra Gajdos worked for Appalachian Electronic Instruments Inc. She broke her leg in a fall at work in June 2017. Gajdos underwent surgery, and a claims administrator for AEI’s insurance carrier accepted liability for the broken leg.
Dr. Bruce Guberman examined Gajdos in March 2018. He opined that she was at maximum medical improvement wit...
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NATL. - NCCI: Comp System Stability, Medical Inflation Among Top Concerns
11/13/2024 |
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The financial health of the workers' compensation system and medical inflation continue to be top concerns for insurance industry executives, according to survey results released Tuesday by the National Council on Compensation Insurance.
The Boca Raton, Florida-based ratings agency recently surveyed 100 workers' compensation executives to address key issues for 2025.
The financial health of the workers' compensation line, the most profitable in property and casualty, was named a top concern. NCCI said in a statement that all metrics “point to a healthy and strong system, as...
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UT - Court Overturns Finding That Worker Timely Reported Injury
11/12/2024 |
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The Utah Court of Appeals ruled that the Labor Commission’s Appeals Board erred in finding a worker’s claim timely even though he did not report his accident to his employer within 180 days.
Chinyu James Sun worked for Darden Restaurant. He slipped and fell at work in July 2020. Two of Sun’s co-workers helped him to his feet, and he finished his shift.
Sun did not immediately file an accident report with Darden.
Before his accident, Sun had been treated for complaints related to pain in his shoulders and was scheduled to have surgery on the right shoulder in Augu...
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WV - Law Enforcement Officer Not Entitled to Additional TTD or Treatment
11/12/2024 |
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West Virginia’s Intermediate Court of Appeals upheld the closure of an injured law enforcement officer’s claim and the denial of authorization for further treatment.
Case: Robertson v. Brooks County Commission, No. 24-ICA-185, 10/28/2024, published.
Facts: Timothy Robertson worked for the Brooks County Sheriff’s Department. He injured his back when he fell while apprehending a suspect in December 2021.
Robertson was diagnosed with right L3-L4 foraminal stenosis and right L3 radiculopathy.
A claims administrator for the county’s insurance carrier granted authori...
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Press - Dietz, Gilmor & Chazen Annouces Promotion of Carrie L. Dixon to Firm Partner
10/23/2024 |
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Contact:
Diane Guevarra
diane@DGCattorneys.com
California Workers Compensation Defense Firm | Dietz Gilmor & Chazen
...
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NY - Court Says Damages Award Inadequate
11/12/2024 |
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A New York appellate court overturned an award of damages after a defendant’s default in a Labor Law case, finding the award inadequate.
Case: Sharif v. Pritam Property Inc., Nos. 2021-09103 and 2022-02868, 10/30/2024, published.
Facts: Rizwan Sharif suffered injuries when he slipped and fell off a chain-link fence on property owned by Pritam Property Inc.
Procedural history: Sharif filed suit against Pritam, asserting claims for negligence and violations of the Labor Law.
Queens County Supreme Court Justice Timothy J. Dufficy granted Sharif’s motion for default judgment o...
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NY - Worker Should Have Been Granted Partial Summary Judgment on Labor Law Claim
11/12/2024 |
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A New York appellate court ruled that a worker should have been granted partial summary judgment on his Labor Law claim for a trip-and-fall injury on a construction site.
Case: Guzman-Saquisili v. Harlem Urban Development Corp., No. 156061/19, 595074/20, 10/31/2024, published.
Facts: Juan Guzman-Saquisili worked for Ski Material Corp. He suffered injuries while working on a construction project at a property owned by Harlem Urban Development Corp.
Harlem also served as the general contractor and construction manager for the project.
Guzman-Saquisili said he tripped on debris as h...
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OR - WCB Meets to Discuss Attorney Fees
11/12/2024 |
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The Oregon Workers' Compensation Board will discuss attorney fees during a Nov. 19 meeting.
Board members will undertake the legally mandated biennial review of attorney fees. Part of the discussion will include a presentation regarding attorney fee data, according to the agenda.
The board asked that written comments be submitted "well in advance" of the meeting but didn't provide a deadline. Comments can be sent to katelyn.crowe@wcb.oregon.gov.
The meeting is at 10 a.m. on Nov. 19 in WCB Hearing Room A at 2601 25th St. ES in Salem.
The meeting will also be available...
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VA - WCC Chair Elected to IWCF
11/12/2024 |
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The Virginia Workers’ Compensation Commission announced that chairman Wesley G. Marshall was elected to the International Workers’ Compensation Foundation board of trustees.
Marshall was elected to a three-year term as chairman in July. He represented injured workers in comp cases and other civil matters as an attorney in private practice before he joined the commission in 2012.
The IWCF is a nonprofit organization conducting research, analysis and educational programming regarding work comp issues.
“It is an honor to join the IWCF board of trustees and contribute to a...
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NY - Court: Son of Sam Law Allows State to Take Murderer's Comp Settlement
11/11/2024 |
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A New York appeals court said a law created nearly 50 years ago to ensure serial killer David Berkowitz couldn't profit from his murder spree supersedes work comp law and allows the state to take a murderer's work comp settlement to pay victim restitution.
New York lawmakers adopted the so-called "Son of Sam Law" shortly after Berkowitz pleaded guilty to eight shootings in New York City in 1976 and 1977. Although the original law was struck down as an unconstitutional content-based restriction on speech, New York lawmakers in 2001 adopted a new law requiring the state to not...
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TX - Worker Loses Appeal Due to His Failure to Provide Record of Prior Proceedings
11/11/2024 |
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A Texas appellate court upheld the denial of a self-represented worker’s claim due to his failure to ensure there was a record of the administrative proceedings that resulted in the denial.
Case: Hawkins v. Sentry Casualty Co., No. 10-22-00041-CV, 11/07/2024, published.
Facts and procedural history: Marvin Hawkins worked for the Sentry Casualty Co. He filed a workers’ compensation claim, and the matter was set for a contested case hearing.
Hawkins represented himself at the hearing, at which he provided a compact disc which he asserted contained records from a proceeding before ...
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WV - Court Upholds Denial of Worker's Request to Reopen Claim, Receive Additional Treatment
11/11/2024 |
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West Virginia’s Intermediate Court of Appeals ruled that a worker was not entitled to reopen his claim or to receive additional benefits even though he received treatments and expanded the scope of his claim after he was assessed to be at maximum medical improvement.
Case: Murphy v. ANCR Resources Inc., No. 24-ICA-153, 10/28/2024, published.
Facts: Robert Murphy worked for ANCR Resources Inc. He filed a workers’ compensation claim asserting he had injured his back and left hip while at work in April 2021.
A claims administrator for ANCR’s insurance carrier accepted liabili...
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