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Workers' Compensation News

 
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
 
 

Security Guard Can't Pursue Personal Injury Suit Against Film Studio 12/18/2019
State: CA | Segment: WEST | 0 | Popular with Legal
A California appellate court ruled that a security guard could not assert a viable personal injury suit against the film studio that had hired her employer. ...Read More
 
 

Stakeholders Urge DWC to Take Time to Address QME Issues, Revise MLFS 12/17/2019
By: Tonika Reed (Reporter)
State: CA | Segment: Top | 0 | Popular with Legal
The California Division of Workers’ Compensation will not start formal rulemaking to update the Medical-Legal Fee Schedule before completing meetings with system users — a relief to some observers who worried the division would rush to meet an arbitrary and self-imposed deadline. ...Read More
 
 

Supreme Court Orders Disbarment of Attorney Who Failed to Return Fee to Comp Client 12/16/2019
State: LA | Segment: SOUTH | 0 | Popular with Legal
The Louisiana Supreme Court last week disbarred a DeRidder attorney for misconduct involving the neglect of clients’ legal matters, a failure to provide competent representation and improper retention of unearned fees. ...Read More
 
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