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Workers' Compensation News

 
Supreme Court Says Injured Inmate's Compensation Must Be Based on Actual Wages 12/31/2019
Source: WorkCompCentral
State: NV | Segment: WEST | 0 | Popular with Insurance
The Nevada Supreme Court ruled that the amount of compensation a prisoner may receive for an industrial injury must be based on the average monthly wage the prisoner actually received as of the date of his injury. Case: White v. State of Nevada Division of Forestry, No. 7...Read More
 
 
Statutory Employer Doctrine Barred Worker's Tort Suit for Injuries as Plastics Plant 12/31/2019
Source: WorkCompCentral
State: LA | Segment: SOUTH | 0 | Popular with Insurance
A Louisiana appellate court ruled that an injured worker could not proceed with a tort suit against the owner of a plastics plant since it was the statutory employer of his statutory employer. Case: Spears v. Exxon Mobil Corp., No. 2019 CA 0309, 12/17/2019, published....Read More
 
 
Split Court Says County Agency Not Liable for Benefits to Contractor's Injured Employee 12/30/2019
State: MS | Segment: SOUTH | 0 | Popular with Insurance
A divided Mississippi Court of Appeals ruled that a sheriff’s department was not liable for the payment of workers’ compensation benefits to an employee of the entity that had been hired to provide medical care to the inmates at a detention center. Case: Rolli...Read More
 
 
Statute of Limitations for Comp Claims Doesn't Apply to Joinder Petitions 12/27/2019
Source: WorkCompCentral
State: PA | Segment: NORTH | 0 | Popular with Insurance
In a case of first impression, the Commonwealth Court of Pennsylvania ruled that a joinder petition does not need to be filed within the three-year statute of limitations for a workers’ compensation claim. Case: Sota Construction Services Inc. v. WCAB (Czarnecki, Za...Read More
 
 

Speculative Benefit of Successful Appeal Doesn't Warrant Attorney Fees 12/26/2019
State: WA | Segment: WEST | 0 | Popular with Legal
An injured worker is not entitled to attorney fees for a successful appeal of an administrative decision that added an allowed condition, because whether she will receive any “additional relief” is purely speculative, the Washington state Court of Appeals ruled. ...Read More
 
 

Safety Violations Could Trigger Exclusive Remedy Exception in Wrongful Death Case 12/24/2019
State: ID | Segment: Top | 0 | Popular with Legal
Exclusively remedy doesn’t apply when an employer "consciously disregarded information suggesting a significant risk" in the workplace, a divided Idaho Supreme Court said last week when reviving a wrongful death claim it dismissed one year earlier. ...Read More
 
 
Study Highlights Talent Shortage and Need for Advocacy Based Training 12/23/2019
By: Tonika Reed (Reporter)
State: NA | Segment: Top | 0 | Popular with Legal
In Rising Medical Solutions’ seventh annual Workers’ Compensation Benchmarking Study researchers exploring claims operational issues from the perspective of  claims processors uncovered matters regarding the ongoing threat of a talent shortage. ...Read More
 
 
Statements in Worker's Exit Interview Form Can't Establish Her Termination for Misconduct 12/23/2019
State: FL | Segment: SOUTH | 0 | Popular with Legal
Florida’s 1st District Court of Appeal ruled that a judge of compensation claims should not have admitted the exit interview paperwork for an injured employee to establish she had been fired for misconduct. Case: Hauser v. Goodwill Industries of SW Florida Inc., No....Read More
 
 
State Approves 10.7% Loss Cost Decrease for 2020 12/23/2019
State: VA | Segment: SOUTH | 0 | Popular with Legal
The Virginia Corporation Commission has approved an overall loss cost decrease of 10.7% for the voluntary market and an 8.4% decrease for the assigned-risk market, effective April 1. The National Council on Compensation Insurance recommended the reductions in July, and a public hearing wa...Read More
 
 

Supreme Court Denies Review of 2 Workers' Comp Cases 12/20/2019
State: CA | Segment: WEST | 0 | Popular with Legal
The California Supreme Court last week denied review of two workers’ compensation cases, including a dispute over whether an employee can collect temporary disability benefits for time she lost from work to attend medical appointments. ...Read More
 
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