OH - Supreme Court Upholds Denial of Loss-of-Use Benefits to Worker with Limited Use of Hand
11/28/2023 | 0
The Ohio Supreme Court upheld the denial of loss-of-use benefits to a worker with significant limitations to the functional use of his hand. Michael Block suffered injuries in December 2012 when he fell 35 feet from a roof onto concrete below. The Bureau of Workers' Compensation allowed Block's claim for several conditions, including injuries to his right wrist. After surgeries on his right wrist and years of treatment, Block, who is right-handed, requested that the Industrial Commission award him compensation for the loss of use of his right hand. Dr. Antony M. George reported Bloc... Read More
Why do some patients need more physical therapy than others?
Why does a therapist’s treatment duration vary for patients with the same diagnosis?
What conditions have the most impact on patient recovery?
Thanks to Vennela Thumula, Randall Lea and Te-Chun Liu of the Workers Compensation Research Institute, there are answers.
WCRI’s latest research, based on data from focus on therapeutic outcomes (FOTO), digs into just how big an impact mental and physical health comorbidities — and other factors — have on im...
The Missouri Supreme Court ruled that a worker timely filed her applications for review even though a Postal Service mistake resulted in their late receipt.
Maryann Gray worked as a registered nurse at Hawthorn Children’s Psychiatric Hospital.
She filed three workers' compensation claims for injuries sustained during her employment in 2012, 2013 and 2014.
An administrative law judge denied Gray benefits on Sept. 12, 2019.
Missouri Revised Statutes Section 287.480 gave Gray 20 days from the date of the final awards to file applications for review with the Labor and Indus...
A California appellate court ruled that the parents of a worker who fell to his death during a roofing project were barred by the Privette doctrine from pursuing a tort recovery from the property owner.
Case: Martinez v. CalCom Roofing Inc., No. D082216, 11/21/2023, unpublished.
Facts: Bryan Industrial Properties Inc., Hoyt Gregory S RSH FT TR B SETT TR, and RS Hoyt Jr. Family Trust hired CalCom Roofing Inc. to reroof their commercial warehouse building.
CalCom hired Honeycutt Construction Management LLC to tear off the old cap sheet and hired Elite Roofing Supply to deliver the materials a...
The Missouri Supreme Court upheld an award of permanent total disability benefits and future medical care to a nurse for a back injury from moving a cart.
Case: Harper v. Springfield Rehab and Health Care Center, No. SC100006, 11/21/2023, published.
Facts: Jeannie Harper worked in nursing for more than 30 years. In 2013, Harper left the workforce following neck surgery that left her unable to walk. She eventually recovered and regained the strength to walk independently.
By June 2018, Harper had returned to work and was employed as a nurse at the Springfield Rehab and Health Care Center.
W...
The New Jersey Supreme Court ruled that a worker is in the course of employment when his employer authorizes a vehicle to operate for business expressly authorized by the employer.
Case: Keim v. Above All Termite & Pest Control, Nos. A-30 and 087603, 11/21/2023, published.
Facts: Henry Keim worked for Above All Termite & Pest Control as a salaried pest-control technician. Above All provided him with an employer-authorized vehicle for work use, as it did all its technicians.
Above All allowed its technicians to keep their authorized vehicles at home overnight, whi...
Rebounding statewide employment and mandatory reporting of COVID-19 infections at work sites helped drive a 25.6% increase in the nonfatal work injury and illness rate per 100 full-time employees in 2022, the California Workers’ Compensation Institute said.
The number of nonfatal injuries and illnesses fell to about 450,000 cases per year during the first two years of the pandemic, then climbed to 565,900 cases in 2022.
“The impact of pandemic-driven job losses is evident, as the number of work injuries and illnesses fell as the state’s unemployment rate soared 4.1% in 2019...
The California Division of Workers’ Compensation opened a second 15-day comment period for proposed rules that would modify its qualified medical evaluator regulations.
The division said it is proposing additional changes to provide greater clarity to the wording of the rules. Specifically, the DWC said the revised rule proposal:
Provides a clearer definition of and the reason for encryption of electronic transmissions.
Deletes phase-in periods for certain rules because of the new proposed effective date of April 1, 2024.
Adds a provision delineating new continuing education hours ...
Maximum and minimum weekly total disability benefits will remain unchanged in 2024 because the state’s average weekly wage decreased for the 12-month period ending March 31, the California Workers’ Compensation Institute said Wednesday.
California’s average wage decreased 0.48% to $1,642 from $1,650.
“After increasing steadily for more than a decade, including a 5.159% increase last January on top of a record 13.521% increase in 2022, the maximum TTD/PTD rate for 2023 job injuries is now $1,619.15 per week, and the minimum is $242.86 per week,” CWCI said. &ldquo...
The Texas Division of Workers’ Compensation announced the adoption of revised and new death benefit rules, an audit plan for prescriptions of gabapentin or pregabalin with opioids and released its annual change notice to the Medical Fee Guideline conversion factors.
Workers’ Compensation Commissioner Jeff Nelson adopted amendments to Rule 122.100 and new Rule 124.8, concerning claims for death benefits. The rules implement Texas Labor Code Sections 408.182 and 409.007, which were amended by House Bill 2314.
The death benefit rules amendments and new section allow eligibl...
The New Jersey Commission of Banking and Insurance approved a 3.9% rate cut for workers’ compensation and employers’ liability policies incepting on or after Jan. 1.
Average rate changes will vary by industry group.
The goods and services section will see the largest average decrease at 4.5%. The office and clerical group will see the smallest decrease at 3%.
Rates will decrease an average of 3.8% for manufacturing, 3.5% for the miscellaneous category and 3.4% for contracting.
The New Jersey Compensation Rating and Inspection Bureau also announced that the commissione...
