TX - Split Court Upholds Dismissal of Widow's Intentional Tort Claims Arising from Out-of-State Accident
06/04/2024 | 0
A divided Texas appellate court upheld the summary dismissal of a widow’s intentional tort claims arising from her husband’s fatal motor vehicle accident in Oklahoma. Justin Schneider worked for QES Pressure Control LLC. In 2018, Schneider died in a motor vehicle accident in Oklahoma. Schneider’s widow received workers’ compensation benefits for his death. The widow filed suit against Quintana Energy Services Inc., asserting its negligence had led to Schneider’s death. The widow contended that a tire on Schnider’s vehicle had failed due to poor maintenan... Read More
The Mississippi Supreme Court ruled that an employer’s optional medical examination is not a reimbursable expense from a worker’s third-party recovery.
Case: Brent v. Mississippi Department of Human Services, No. 2022-CT-00529-SCT, 05/30/24, published.
Facts and procedural history: Leverne Brent worked for the Mississippi Department of Human Services. She suffered injuries in 2009 while in a building owned by Madated LLC.
DHS’s carrier, the Mississippi State Agencies Workers’ Compensation Trust, provided benefits and medical treatment. The trust used Cannon Cochran M...
A New York appellate court upheld the expansion of a worker’s claim and a finding that he did not commit fraud.
Case: Matter of Brown v. Van Liner Insurance Co., No. CV-22-2103, 05/30/2024, published.
Facts and procedural history: David Brown worked as a truck driver and mover. He suffered injuries at work in April 2021.
Brown’s employer had workers’ compensation coverage with the Van Liner Insurance Co. The carrier did not initially controvert Brown’s claim for benefits, and he received temporary indemnity benefits.
In June 2021, the carrier filed a request for a h...
A Northern California dentist will pay a civil penalty of $200,000 for allegedly billing carriers for services not provided and another $10,000 penalty for failing to carry workers’ compensation coverage as part of a plea agreement with the Monterey County District Attorney’s Office.
The District Attorney’s Office on Friday announced that Ayman Adeeb pleaded guilty to two misdemeanor “public nuisance” charges. He was charged with billing carriers for procedures not performed, contracting without a license and failing to pay work comp insurance.
In addition to th...
The Montana Department of Labor & Industry announced that the maximum weekly compensation rate will increase by 4.84% for the fiscal year starting July 1.
“For injuries occurring on or after July 1 through June 30, all insurers must use $1,084 as the maximum weekly compensation rate for temporary total disability benefits, permanent total disability benefits, temporary partial disability benefits, rehabilitation benefits and death benefits,” the department said. “For permanent partial disability benefits, the maximum weekly compensation rate is $542 per week for inj...
NATL. - Comp Drug Utilization Decreasing, Medication Costs Rising
Workers’ compensation prescription drug utilization is trending downward, but the costs of medication are rising, primarily due to costly topical agents that mostly come from out-of-network physician dispensing channels, according to a report released Monday by Enlyte LLC.
In 2023, the workers’ comp industry saw an overall per-claim decrease and a decrease in opioid prescriptions for injured workers, but it also experienced double-digit cost increases due to new prescribing trends, the report states.
In addition to increasing costs related to topical prescriptions, migraine medic...
The West Virginia Intermediate Court of Appeals ruled that a worker was entitled to benefits for his injuries from being struck by a car while attempting to aid a motorist at the scene of a crash.
Tyler J. Carroll, a third-year union apprentice in Plumbers and Pipefitters Local Union 625, worked for West Virginia Heating and Plumbing Co.
The president and owner of WVHP sent Carroll and Leonard Bragg, a union journeyman, to work on a project at the federal courthouse in Pittsburgh.
Carroll and Bragg set out from Charleston in a WVHP van loaded with company tools, equipment and materials...
The Indiana Court of Appeals upheld a denial of benefits for a university employee with significant preexisting health problems for her alleged injuries from walking to her workplace.
Case: Ostrowski v. Indiana University, No. 23A-EX-2605, 05/28/2024, unpublished.
Facts: Nancy Ostrowski worked for Indiana University. When she was hired in 2016, she had many medical issues that limited her ability to walk, lift and carry items.
Initially, Ostrowski’s workplace was in Morrison Hall, which had nearby parking spaces reserved for those with disabilities. Ostrowski had a permit to park...
The Nebraska Court of Appeals upheld an award of benefits to an assembly line worker for her neck and finger injuries.
Case: Mendoza v. Honeywell American Meter Co., No. 23-807, 05/28/2024, unpublished.
Facts: Margot Mendoza worked on an assembly line for Honeywell American Meter Co.
In 2009, she was diagnosed with an upper-back strain after a car accident unrelated to her job.
In May 2021, Mendoza sought treatment for pain in her right index finger and neck. She was assessed with possible osteoarthritis.
On Jan. 28, 2022, Mendoza was working the assembly line when she experienced pa...
The Commonwealth Court of Pennsylvania ruled that when an injured worker is a sole proprietor, he must report a work-related injury to the insurance carrier for the business within 120 days.
Case: Erie Insurance Property & Casualty Co. v. Heater (WCAB), No. 148 C.D. 2023, 05/29/2024, published.
Facts: David Heater is the sole proprietor of an eponymous business and its sole employee.
Heater performed roof repairs as a subcontractor to Pip’s Roofing in September 2015. He tripped over a shovel at a job site, then performed a tumbling move known as a round-off to land on his feet. He...
The Minnesota Department of Labor and Industry is hiring an attorney to represent the Special Compensation Fund in workers’ compensation proceedings.
The attorney will also provide legal advice to department staff and assist senior department attorneys with legal research, writing, rulemaking, contract review, proposed legislation and redacting information in response to public information requests.
Applicants must be licensed to practice law in Minnesota and be in good standing.
Applications are due June 13.
Questions can be sent to Caren Miller at caren.miller@state.mn.us.
A job p...
The South Carolina Workers’ Compensation Commission adopted new benefit payment rules after lawmakers permitted the agency to allow electronic payments.
The commission on Friday published a statement announcing that the new rules took effect two weeks ago.
The state Senate and House of Representatives unanimously passed S 1266, a joint resolution by the Senate Judiciary Committee. The resolution satisfied the requirement that the legislature approve amendments to Regulation 67-1602 to modernize the payment of benefits.
“The amendments to regulation R67-1602 require periodic paym...
Louisiana lawmakers passed a bill that would establish notice requirements for carriers to seek additional premium payments from employers that misclassified their workers and limit how much insurers can recover.
The state House of Representatives on Friday voted 93-0 to concur with amendments made to HB 200 while the measure was in the Senate. The Senate voted 28-11 to pass the amended bill Thursday.
The bill by, Rep. Michael Melerine, R-Shreveport, would prohibit carriers from pursuing additional premiums from employers that misclassified employees unless the carriers notify policyhold...
The Texas Division of Workers’ Compensation on Friday proposed rules for designated doctor procedures and requirements for lifetime income benefits to implement House Bill 2468.
HB 2468, which was enacted in 2023, redefined eligibility for lifetime income benefits to require that a person has "a major, permanent neurocognitive disorder” for which he needs occasional supervision of routine daily tasks of self-care and renders him permanently unemployable. The bill also made first responders eligible for lifetime income benefits if they have a serious bodily injury that re...