GA - Worker's Refusal of Light Duty Doesn't Warrant Denial of Benefits
02/18/2025 |
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The Georgia Court of Appeals ruled that the Appellate Division of the State Board of Workers’ Compensation erred in denying a worker’s claim for temporary total disability benefits after he refused a light-duty position because of his underlying health issues during the COVID-19 pandemic.
John Taylor worked for Argos USA as a truck driver. He suffered injuries in a traffic accident that arose out of the course and scope of his employment on Sept. 4, 2019.
Taylor was out of work for three days starting Sept. 5, 2019, after which he worked with light-duty restrictions until Sept. 1...
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IL - Court Upholds Jury's $3.31 Million Verdict for Worker on Jones Act Claims
02/18/2025 |
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The Illinois Appellate Court upheld a jury’s $3.31 million award of damages to an injured worker on his Jones Act claims.
Case: Mogensen v. SCF Lewis and Clark Fleeting LLC, No. 5-23-0501, 02/04/2025, published.
Facts: Kevin Mogensen worked for SCF Lewis and Clark Fleeting LLC as a member of a barge crew.
Mogensen was severely injured while loading corn product from a conveyor into a barge.
Procedural history: Mogensen filed a Jones Act suit against SCF.
During trial, the judge sanctioned SCF for violating Illinois Rule of Evidence 615.
Rule 615 allows a judge to order witness...
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NY - Employer Gets Reimbursement for Wages Paid to Worker During Disability
02/18/2025 |
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A New York appellate court upheld a finding that an employer was entitled to reimbursement for the wages it paid an injured worker during her period of disability.
Case: Matter of Capers v. Jacobi Medical Center, Nos. CV-23-1692 and CV-24-0559, 02/06/2025, published.
Facts: Kaydee Capers worked for the Jacobi Medical Center as a registered nurse. In August 2020, she suffered injuries caused by a combative patient.
In October 2021, Capers’ doctor opined that she had reached maximum medical improvement. The doctor said Capers sustained a 17.5% schedule loss of use of the right wris...
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WV - Supreme Court Denies Increase in Worker's Award for Carpal Tunnel Syndrome
02/18/2025 |
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The West Virginia Supreme Court upheld a finding that a worker was not entitled to an increased permanent partial disability award for his bilateral carpal tunnel syndrome.
Case: Sesco v. Brooks Run South Mining LLC, No. 24-280, 02/11/2025, published.
Facts and procedural history: Granville Sesco worked for Brooks Run South Mining LLC as an electrician.
After experiencing bilateral arm pain with numbness and tingling in both hands, Sesco underwent an electromyography and nerve conduction study. The results indicated median neuropathy across the right wrist and left wrist affecting the senso...
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Press - COMP-X MEDICAL Announces New Leadership Structure with Promotion of Ashley Palkewick as President and Co-Owner
02/05/2025 |
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Matawan, N.J. – Feb 4, 2025 - Comp-X Medical, a leading provider of workers compensation ancillary services, today announced the promotion of Ashley Palkewick to president and co-owner. This strategic move reinforces the commitment of Comp-X Medical to expand its presence in the workers compensation ancillary services market while enhancing its comprehensive suite of clinical and non-clinical healthcare services.
Palkewick, who is an integral part of the Comp-X Medical leadership team, brings 20 years of industry experience to her new role. Her proven track record includ...
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Industry Insights
NATL. - Stith: States With the Most Opportunity to Improve Care for Injured Workers
By Jay Stith
02/14/2025 |
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We’ve been getting many questions about the Health Strategy Associates Workers’ Comp Facility Assessment Tool. One that’s come up a few times is how big a “lift” payers and injured workers can realistically expect by changing facilities.
So, I put together a list of the top 10 states with the “most opportunity” to improve patient outcomes and reduce costs by making informed facility decisions.
Our definition of “most opportunity” refers to the difference between facilities in the bottom quarter of the ratings and those ...
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UT - Bill Would Let Labor Commission Set Hospital Fees
02/18/2025 |
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The Utah Senate unanimously passed a bill that would allow the Labor Commission to adopt a fee schedule for hospital services.
The Senate on Wednesday voted 26-0 to pass SB 190, by Sen. Scott D. Sandall, R-Tremonton.
Utah lawmakers in 2018 created a study group to investigate hospital costs. The council supported setting hospital rates at some percentage of what Medicare pays, but members could not agree on what that percentage should be.
Ryan Andrus, senior vice president and general counsel for WCF Insurance, a mutual corporation and successor to the state-chartered Workers' Comp...
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NATL. - Trump Nominates Former Amazon Safety Exec to Lead OSHA
02/18/2025 |
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President Donald Trump nominated a former safety executive for UPS and Amazon to head up the Occupational Safety and Health Administration.
Congressional records, along with the notice on the White House website, indicate that David Keeling was nominated to be an assistant secretary of labor. Media outlets, including Bloomberg Law, however, report that he was nominated to succeed Doug Parter as head of OSHA.
The Louisville Courier Journal reports that Keeling thanked Trump "for nominating me to be the next OSHA administrator" in a message posted to LinkedIn.
Keeling was presid...
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CA - Plaintiff Can't Amend Lawsuit Against Contractors to Allege Comp Violations
02/14/2025 |
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A California appellate affirmed a determination that a plaintiff could not amend his complaint against contractors for unfinished work to add allegations that they were uninsured and unlicensed.
Joseph Soaris hired Tony Aikhionbare and Ota Enterprises to remodel his house in May 2019. He agreed to pay $164,000 for materials and labor.
Soaris alleged that the contractors failed to perform the work as agreed upon. He later testified that he had paid the contractors $57,000 before terminating the relationship.
In February 2020, he filed a complaint against Aikhionbare and Ota Enterprises for b...
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OH - Surgical Removal of Lens Doesn't Entitle Worker to Award for Total Loss of Vision
02/14/2025 |
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An Ohio appellate court ruled that a worker was not entitled to an award for the total loss of vision in his right eye after the surgical removal of the lens.
Case: State ex rel. Kreitzer v. Industrial Commission, No. 22AP-601, 01/30/2025, published.
Facts and procedural history: Rodney Kreitzer worked for Henny Penny Corp. He suffered an injury to his right eye at work in December 1982.
In 1983, Kreitzer received a schedule award based on a finding of a 25.8% loss of vision in his right eye.
In 2008, Dr. Michael E. Snyder surgically removed the lens from Kreitzer’s right eye. A...
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Press - Sumit Raghuvanshi Joins Albert and Mackenzie's Leadership as Managing Partner
12/20/2024 |
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Agoura Hills, CA - Albert and Mackenzie is proud to announce Sumit Raghuvanshi's promotion to Managing Partner, recognizing his dedication to our team, clients, and the professional growth of those around him.
More than a talented attorney, Sumit is a mentor, collaborator, and leader whose guidance and expertise have made a lasting impact on our firm. His ability to navigate complex cases with care and professionalism has earned the trust and respect of clients and colleagues alike.
At Albert and Mackenzie, growth, learning, and collaboration are the pillars that define our tea...
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NY - Court Partially Overturns Summary Judgment on Worker's Labor Law Claim
02/14/2025 |
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A New York appellate court overturned a partial grant of summary judgment to a worker on his Labor Law claim and granted partial summary judgment to the defendant.
Case: Martinez v. Nader Enterprises LLC, No. 2021-08414, 02/05/2025, published.
Facts: Wuilmer Martinez worked for Sunfar Contracting Corp. Sunfar was the general contractor for a construction project at a property owned by Nader Enterprises LLC.
Martinez allegedly suffered injuries while using a grinder without a blade guard in place. Sunfar owned the grinder and provided it to Martinez.
Procedural history: Martinez filed suit ...
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LA - Worker Gets TTD for Aggravation of Compensable Leg Injury
02/14/2025 |
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A Louisiana appellate court upheld a worker’s award of temporary total disability benefits after he aggravated a compensable leg injury.
Case: Brunner v. NAES Corp., No. 24-294, 01/29/2025, published.
Facts: William Brunner worked as a welder for NAES Corp. He suffered injuries to his right arm and leg in August 2022 when a beam fell from an overhead crane and struck him.
Brunner received workers’ compensation benefits and underwent surgery by Dr. Brett Cascio.
Cascio released Brunner to return to work on April 19, 2023.
In May 2023, Brunner allegedly aggravated his leg injury...
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WV - Supreme Court Denies Worker's Claim for Leg Amputation
02/14/2025 |
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The West Virginia Supreme Court ruled that a worker who suffered the loss of a leg while working out-of-state was not entitled to benefits in West Virginia.
Case: Heavener v. J.F. Allen Co., No. 24-210, 01/22/2025, published.
Facts: Jason Heavener worked for J.F. Allen Co. He suffered the amputation of his right leg while working for J.F. Allen on a project in Pennsylvania in 2023.
According to J.F. Allen’s president, the company was based in West Virginia, but it had been awarded a job in Greencastle, Pennsylvania, and work had begun on the site in May 2022. Heavener had been permane...
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WA - U-Haul Facility Fined $231,000 for Exposing Mechanics to Asbestos
02/14/2025 |
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The Washington State Department of Labor and Industries said it fined a U-Haul facility in Spokane $231,000 for knowingly exposing mechanics to asbestos.
U-Haul of Spokane purchased an abandoned K-Mart in 2019 and started renovating the building without getting it tested for asbestos.
L&I said the Spokane Regional Clean Air Agency subsequently inspected the building and found that 90,000 square feet of vinyl floor tiles and glue contained asbestos.
U-Haul coated some of the tiles with epoxy and had others removed by a certified asbestos company. L&I said about 7,400 square feet of t...
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NJ - NJCRIB Announces New Quarterly Reporting Elements
02/14/2025 |
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The New Jersey Compensation Rating and Inspection Bureau announced that it is expanding the elements that must be reported as part of its quarterly indemnity data calls.
The rating bureau said it is adding fields for carriers to report a classification code, return-to-work date and the ZIP code for the injury site.
The bureau is also requesting that carriers report the number of dependents an injured worker has at the time of injury, an exposure state code that identifies the state in which coverage has been provided, and an indemnity claim code that the bureau said can aid in identifying an...
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CA - DWC Proposes Update to MPN, Medical Billing Rules
02/14/2025 |
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The California Division of Workers' Compensation on Thursday opened a public comment period on proposed changes to its medical provider network rules and those that govern bills for medical treatment.
The division said proposed updates to the MPN regulations would streamline the process of reviewing networks and provide transparency by removing passcodes and requiring documentation of additional information to providers. The update also provides clarity on telehealth and remote service as well as access standards.
The division also said it proposed updates to its rules for medical t...
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NY - Defendant Not Liable for Worker's Electric Shock Claim
02/13/2025 |
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A New York appellate court upheld a finding of no liability for the defendant on a worker’s claim for alleged injuries from a static electrical shock.
Mario Saraiva allegedly suffered injuries from a static electrical shock by touching a PVC vacuum pipe while sandblasting paint on an overpass on the New York State Thruway.
Saraiva filed suit against the New York State Thruway Authority. He asserted that the authority was negligent in permitting him to work near a known defective PVC vacuum pipe that had previously caused similar static electrical shocks to other workers on the sit...
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