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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

PA - Court Rejects Worker's Constitutional Challenges to Modification of Status

11/28/2023 | 0

The Commonwealth Court rejected a worker’s constitutional challenges to the modification of his disability benefits from total to partial. Case: Dennell v. City of Philadelphia (WCAB), No. 77 C.D. 2023, 11/17/2023, unpublished. Facts: Richard Dennell sustained injuries while tackling a suspect in the course of his employment as a police officer with the City of Philadelphia. The city accepted liability for strains and contusions of the low back and left leg. In November 2021, Dr. Lynn Yang reported that Dennell had a 4% impairment raring based on the Sixth Edition of the American Med... Read More

MO - Worker's Failure to Comply with Pleading Requirements Sinks Appeal

11/28/2023 | 0

The Missouri Court of Appeals upheld the dismissal of a worker’s application for review based on her failure to comply with the minimum pleading requirements for such filings. Case: Chuhan v. Ergosafe Products LLC, No. ED111512, 11/21/2023, published. Facts: Naina Chuhan worked for Ergosafe Products LLC. In January 2015, she reported injuring her knee and shoulder in a fall at work. Procedural history: In June 2015, Chuhan filed a workers’ compensation claim. A month later, she filed a second claim with the assistance of counsel. Nearly six years later, on May 20, 2021, Ch... Read More

TX - Suit Against Non-Subscribing Employer Constitutes Action to Collect Comp Benefits

11/28/2023 | 0

A Texas appellate court ruled that a suit against a nonsubscribing employer constitutes "an action to collect workers' compensation benefits under the workers' compensation law” for purposes of designating a responsible third party. Case: In re East Texas Medical Center Athens, No. 12-23-00263-CV, 11/21/2023, published. Facts: Sharon Dunn allegedly suffered injuries while working for the East Texas Medical Center in Athens when an emergency medical technician named Gary Woolverton pushed an empty stretcher into her back. Procedural history: Dunn initially sued Woolverton ... Read More

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Press - Sneha IT Solutions Extends Generous Discounts to Students and Seniors

11/02/2023 | 0

Sneha IT Solutions, a leading name in the realm of IT services, is pleased to announce a special initiative aimed at benefiting students and seniors alike. Recognizing the importance of accessible technology support, the company is offering exclusive discounts at their service centers located in Dell Service Center Chandigarh, Dell Service Center Mohali, and HP, Lenovo Service Center Chandigarh and Mohali. This new offering underscores Sneha IT Solutions' commitment to providing top-notch IT services with a focus on inclusivity. Students and seniors can now avail of expert assistance for thei... Read More

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NATL. - Paduda: Getting Smarter About PT

By Joe Paduda
11/27/2023 | 0

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... Read More

FL - Employer Fined $201,573 for Explosion

11/28/2023 | 0

The U.S. Occupational Safety and Health Administration fined a manufacturer of industrial gas $201,573 for what the agency called a preventable explosion that injured five workers and several first responders. OSHA said a 25-year-old product technician was using a heat gun to transfer gas from an aluminum cylinder to a steel cylinder in May when the explosion occurred at the Air Liquide Advanced Materials Inc. facility in High Springs, Florida. The explosion propelled the worker through the building’s wall, causing brain injuries, third-degree burns and requiring a leg amputation. Fou... Read More

NV - Report: 2,438 Claims for COVID, 29 for Vaccine Reaction Through October

11/28/2023 | 0

The Nevada Workers’ Compensation Section reported 2,438 claims for COVID-19 were filed through Oct. 31, as well as 29 claims for adverse reactions to a vaccine. The WCS reported in the fall/winter edition of its newsletter that 940 of the COVID-19 cases processed in the agency’s Claims and Regulatory Data System between March 2020 and the end of October were accepted. The remaining 1,498 claims were denied. The agency additionally reported that 13 of the vaccine reaction claims were accepted and 16 were denied. At the same time, the WCS reports in the newsletter that strains and... Read More

MO - Delay in Receipt of Application for Review Doesn't Make It Untimely

11/27/2023 | 0

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... Read More

CA - Privette Doctrine Bars Parents' Civil Suit for Worker's Fatal Fall Through Roof

11/27/2023 | 0

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... Read More

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Press - Brain Injury Association of America honors Centre for Neuro Skills Dr. Mark Ashley with Sheldon Berrol MD Clinical Service Award

11/01/2023 | 0

Bakersfield, Calif. Nov. 1, 2023  The Brain Injury Association of America (BIAA) recognized Dr. Mark J. Ashley, CEO and founder of Centre for Neuro Skills (CNS), at the American Congress of Rehabilitation Medicines (ACRM) Centennial Conference as the recipient of the 2023 Sheldon Berrol MD Clinical Service Award on October 31, 2023. The award honors the person who has made outstanding contributions to improving the quality of care, professional training, and/or education in the field of brain injury in their career. As someone who knew and worked with Dr. Sheldon Berr... Read More

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MO - Nurse Gets PTD Award for Back Injury

11/27/2023 | 0

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... Read More

NJ - High Court Clarifies Course of Employment Under Authorized Vehicle Rule

11/27/2023 | 0

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... Read More

CA - CWCI: Employment Gains, COVID Reporting Drive Increase in Injuries

11/27/2023 | 0

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... Read More

CA - DWC Opens Second 15-Day Comment Period for QME Rules

11/27/2023 | 0

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 ... Read More

CA - CWCI: No Change in TD Rates for 2024

11/27/2023 | 0

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... Read More

TX - DWC Announces Adoption of Rules, Audit Plan, Fee Guideline Conversion Factors

11/27/2023 | 0

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... Read More

NJ - Commissioner Approves 3.9% Rate Cut

11/27/2023 | 0

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... Read More