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IA - Worker's Estranged Husband Gets Death Benefits for Her Fatal Overdose

11/04/2024 | 0

The Iowa Court of Appeals upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental or the injured worker committed suicide. Heather Blasdell worked for Linnhaven Inc. She injured her ankle at work in November 2012. Blasdell later developed lower-back pain and depression as a result of the ankle injury. A workers' compensation commissioner found Blasdell was permanently and totally disabled because of the injury and awarded her workers’ compensation benefits. Blasdell sought... Read More

OR - Court Upholds Summary Dismissal of Former SAIF Employee's Retaliation Claim

11/04/2024 | 0

The Oregon Court of Appeals upheld the summary dismissal of a SAIF employee’s claim she that was terminated in retaliation for reporting unlawful conduct.   Case: Cuddigan-Placito v. SAIF, No. 760. 10/30/2024, published. Facts: Jasmine Cuddigan-Placito worked as a claims investigator for the SAIF Corp., a workers’ compensation insurance provider. In June 2020, Cuddigan-Placito was the investigator for a claim by an employee of Perlo Structures. Ruth Levin was the adjuster on the claim, and Levin allegedly directed Cuddigan-Placito to speak with a Perlo representative befor... Read More

NY - Worker who Fell from Cement Truck Gets Summary Judgment on Labor Law Claim

11/04/2024 | 0

A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim based on his injuries from a fall from a cement truck. Case: Rodriguez v. Riverside Center Sit 5 Owner LLC, No. 157144/17, 10/22/2024, published. Facts: Eglixer Rodriguez allegedly fell from a cement truck while cleaning it after delivering cement to a construction site. RCB4 Nominee LLC owned the property. Tishman Construction Corp. of New York was the construction manager, and Sorbara Construction Corp. was the concrete superstructure subcontractor. Rodriguez worked for the Jenna Concre... Read More

WV - Court Upholds Finding of Compensability for Worker's Back Injury

11/04/2024 | 0

West Virginia’s Intermediate Court of Appeals upheld a finding of compensability for a worker’s back injury. Case: Toyota Motor Manufacturing WV Inc. v. Adkins, No. 24-ICA-181, 10/28/2024, unpublished. Facts: Donnie Adkins worked for Toyota Motor Manufacturing WV Inc. He injured his back at work in May 2022. A computed tomography scan showed moderate spinal canal narrowing at L3-L4 and L4-L5, and moderate to severe neural foraminal narrowing bilaterally at L4-L5 and L5-S1. A magnetic resonance imaging scan showed a right sided L4-L5 disc protrusion with moderate to severe foram... Read More

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Press - Albert and Mackenzie Earns Great Place To Work Certification for the Fourth Year - Building a Legacy of Employee Support and Trust

10/31/2024 | 0

Agoura Hills, CA - Celebrating a workplace where employees feel valued, respected, and motivated, Albert and Mackenzie has once again earned its Great Place To Work Certification for the fourth consecutive year. Alongside this achievement, the firm has received recognition on multiple best workplace lists, ranking among the top 10 and top 50 across categories such as workplace size, generation, industry, and women in the workforce. Among thousands of companies nationwide, Albert and Mackenzie has stood out, demonstrating its commitment to building an environment where people can... Read More

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Industry Insights

CA - Kamin: Eric Hunter of Bradford and Barthel Dies at 47

By John P. Kamin
11/01/2024 | 0

Eric Hunter, a beloved member of Bradford and Barthel’s family and strong contributor to most of the California workers’ compensation defense firm’s technological advances, has passed away. He was 47 years old. Hunter was chief technology and innovation officer at the firm, where he was also known as a global futurist and head of the firm’s Innovation Futures Division. His advanced understanding of disruptive technology helped promote positive change in B&B over the years, and played a key role in many projects including: The entire firm going “paperl... Read More

NATL. - Compound Ingredient Supplier to Pay $21.75M to Resolve Inflated AWP Allegations

11/04/2024 | 0

The U.S. Department of Justice announced that a company that supplies ingredients for compound drugs agreed to pay $21.75 million to resolve allegations that it falsely inflated average wholesale prices. The department said Medisca Inc. reported inflated average costs to price listing agencies to increase reimbursement its pharmacy customers received from federal agencies including the Office of Workers’ Compensation Programs. Medisca acquired resveratrol from manufacturers for about 37 cents per gram, repackaged and sold it for $2 per gram and reported an average wholesale price of $7... Read More

CA - Governor Appoints Three to CHSWC

11/04/2024 | 0

California Gov. Gavin Newsom appointed three new members to the Commission on Health and Safety and Workers’ Compensation. The governor appointed Jen Hamelin and Kristi Montoya to represent employers and Chris Pedroza to represent workers on the labor-management advisory panel, He also reappointed Meagan Subers as a labor representative. Hamelin is the chief claims officer for workers’ compensation at Public Risk Innovation, Solutions and Management, or PRISM, a risk sharing pool for counties and other public entities that was formerly known as CSAC Excess Insurance Authority... Read More

TX - DWC Posts 2025 Health Care Provider Assessment Plan

11/04/2024 | 0

The Texas Division of Workers’ Compensation will evaluate health care providers on two measures as part of its 2025 performance-based oversight assessment process. The DWC said it will assess providers on the completeness of DWC Form-073, “Work Status Report,” and whether their documentation of off-work status is properly supported. The division also said it will measure timeliness of filing DWC Form-069, “Report of Medical Evaluation.” “DWC staff will evaluate all the DWC 69s, and any DWC 73s where the provider concludes that the injured employee can ret... Read More

NM - WCA Seeks Public Comment on Judicial Reappointment

11/04/2024 | 0

The New Mexico Workers’ Compensation Administration is seeking public comment regarding the reappointment of Judge Ned Fuller to a five-year term. Gov. Michelle Lujan Grisham appointed Fuller, the former WCA director, to fill the vacancy created by the departure of Reginald Woodard starting Feb. 17. Fuller was director of the WCA from January 2011 through December 2013, when he went to the New Mexico General Services Department as litigation bureau chief and acting cabinet secretary. Fuller also served as WCA assistant director from March 2000 through March 2001 and as a WCA judge... Read More

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Press - Norms Partners With CRMBC To Prioritize Employee Well-Being Through Self-Insurance Solutions

10/11/2024 | 0

Fresno, CA – 10/10/2024 - California Restaurant Mutual Benefit Corporation (CRMBC) is pleased to announce that the iconic Southern Californian diner chain NORMS Restaurants has officially joined its self-insured workers' compensation group. This partnership reflects NORMS’ longstanding dedication to the well-being of its 1,300 employee’s safety and workers' compensation management.  NORMS is celebrating the restaurant group’s 75th anniversary this fall, and over the years, it has continuously evolved to seize opportunities that best support the future of its restaurants. Traditio... Read More

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VA - Court Denies Employer's Successive Application for Hearing as Lacking Probable Cause

11/01/2024 | 0

The Virginia Court of Appeals upheld a decision by the Workers’ Compensation Commission denying an employer’s successive application for a hearing as being unsupported by probable cause. In December 2022, Jessica Schofield injured her left ankle while teaching an ice-skating class. Schofield filed a workers’ compensation claim, identifying herself as an employee of Village Avenue Management LLC. Village Avenue and Schofield signed an award agreement in January 2023 granding Schofield temporary total disability benefits and lifetime medical benefits. In May 2023, Village A... Read More

NY - Defendants Get Partial Reversal of Summary Judgment on Worker's Labor Law Claims

11/01/2024 | 0

A New York appellate court ruled that a worker was not entitled to summary judgment on one aspect of his Labor Law claim. Case: Urquia v. Deegan 135 Realty LLC,  No. 22340/19, 10/15/2024, published. Facts: Jose Luis Urquia allegedly suffered injuries when he was hit by 20-to-30-pound small beams falling from the ceiling, causing him to lose balance while standing on an unsecured ladder. At the time, Urquia was working on a project at a property owned by Deegan 135 Realty LLC. Chess Builders LLC was the general contractor for the project. Procedural history: Urquia filed a La... Read More

WV - Court Upholds Award for Worker's Elbow Injury from Fall

11/01/2024 | 0

West Virginia’s Intermediate Court of Appeals upheld an award for a worker’s elbow injury from an on-the-job fall. Case: West Virginia United Health System Inc. v. DeWitt, No. 24-ICA-74, 10/28/2024, published. Facts: Katelyn DeWitt worked for the West Virginia United Health System Inc. She tripped and fell at work in June 2022. DeWitt was diagnosed with a right elbow dislocation and radial head fracture. Procedural history: The Board of Review found DeWitt’s injuries were compensable. The board found DeWitt was moving quickly to perform her work when she tripped, causing... Read More

NY - Court Overturns Summary Judgment on Defendant's Indemnification Claim

11/01/2024 | 0

A New York appellate court partially overturned a grant of summary judgment dismissing a defendant’s indemnification claim against an injured worker’s employer. Case: Cooper v. BLDG 7th Street LLC, Nos. 153479/18, 595699/18, 10/15/2024, published. Facts: Dwayne Cooper worked as a technician for Global Pest, an exterminator company. In January 2018, he was sent to a property owned by BLDG 7th Street LLC. According to Cooper, he fell in a large hole while walking down the stairs to the basement to retrieve some rat traps. Procedural history: Cooper filed suit against BLDG. BLDG t... Read More

CA - WCIRB C&R Committee Meeting Nov. 12

11/01/2024 | 0

The Workers’ Compensation Insurance Rating Bureau of California Classification and Rating Committee is meeting Nov. 12. Committee members will review a draft report investigating the idea of a universal payroll limitation. The California Workers’ Compensation Uniform Statistical Reporting Plan includes limitations on annual payroll for some highly compensated workers based on the idea that the correlation between exposure and losses breaks down at very high wage levels. Payroll limitations apply to at least 18 specific classifications with high levels employees earning high wages... Read More

NV - WCS Opens Registration for Training Webinars

11/01/2024 | 0

The Nevada Workers’ Compensation Section opened registration for free online training classes that will be held in January. The WCS is holding a basic orientation session Jan. 8 that will cover the basic work comp regulatory processes and a review of forms needed when occupational injuries or illnesses occur. A Jan. 15 webinar will cover the C-4 claims process while a webinar on Jan. 22 will address the process for using a D-35 form to request a rotating physician or chiropractor. Another course on Jan. 29 will cover medical billing. The webinars all start at 11 a.m. For more inform... Read More

CA - CLARA Analytics Names Eugene Wong CFO

11/01/2024 | 0

CLARA Analytics announced that it hired Eugene Wong as chief financial officer. Wong brings more than 15 years of finance and operating experience to his new role with the Sunny Vale, California-based company that provides artificial intelligence products for the insurance industry. He formerly served as CFO for Hometap, and before that was vice president of strategy and finance at Forward Financing. He was also an investment banker in the financial institutions group of Goldman Sachs, and senior vice president in the sponsor finance group at Silicon Valley Bank. CLARA said Wong will w... Read More