Workers' Compensation News


	Worker Can Pursue Jones Act Claim Despite Failure to List It as Asset in Bankruptcy Filing		09/06/2018
	Source: WorkCompCentral
	State: WA \| Segment: WEST \| 77 \| 0 \| Popular with Legal \| 33 min read
	The Washington Court of Appeals ruled that a maritime worker’s failure to disclose his potential Jones Act claim in his bankruptcy petition did not bar him from later pursing the claim. ...Read More


	Court Upholds WCJ's Assessment of 'Wildly Differing Opinions' on Worker's Disability		09/06/2018
	Source: WorkCompCentral
	State: KY \| Segment: SOUTH \| 86 \| 0 \| Popular with Legal \| 51 min read
	The Kentucky Court of Appeals upheld an award of permanent partial disability benefits to a worker for her injuries from a fall on her second day at a new job. ...Read More


	Daughter Can Proceed With Tort Suit Against Mother's Employer		09/06/2018
	Source: WorkCompCentral
	State: NC \| Segment: SOUTH \| 104 \| 0 \| Popular with Legal \| 149 min read
	The North Carolina Court of Appeals ruled that a farmworker’s minor daughter can proceed with a negligence claim against her mother’s employer for the disfigurement of her hand from an accident that occurred while she was assisting the woman. ...Read More


	Higher Minimum Wages Will Mean Slightly Higher Premiums, NCCI Says		09/06/2018

	State: NA \| Segment: NATIONAL \| 124 \| 0 \| Popular with Legal \| 7 min read
	A higher minimum wage in states across the country will put upward pressure on workers' compensation premiums for employers, and higher indemnity costs for insurers. ...Read More


	AG Appeals Sixth Edition Ruling to Kansas Supreme Court		09/06/2018

	State: KS \| Segment: NORTH \| 109 \| 0 \| Popular with Legal \| 15 min read
	In a move that has surprised some, Kansas Attorney General Derek Schmidt on Tuesday asked the state Supreme Court to review an appeals court ruling that threw out the latest version of the impairment guidelines. ...Read More


	Chiros Accuse One Call of Unfair Business Practices		09/05/2018
	By: Greg Jones (Deputy Editor)
	State: CA \| Segment: Top \| 1461 \| 0 \| Popular with Legal \| 40 min read
	An association of medical providers has filed a new lawsuit against One Call, accusing it of engaging in unfair business practices in California by inducing providers to accept cheaper rates in exchange for more referrals. ...Read More


	Providers Dive Right Into Telemedicine Expansion		09/05/2018
	By: Elaine Goodman (medical/business reporter)
	State: TX \| Segment: Top \| 342 \| 0 \| Popular with Legal \| 49 min read
	Just days after a new rule to potentially expand the use of telemedicine in workers’ comp took effect in Texas, occupational medicine provider Concentra announced Tuesday that it had launched telemedicine services in the state. ...Read More


	Court Allows Tort Claim Against Insurer That Doctored Videotape, Had Worker Arrested		09/05/2018
	By: William Rabb (Reporter)
	State: NC \| Segment: Top \| 771 \| 0 \| Popular with Legal \| 36 min read
	After Mario Seguro-Suarez fell 18 feet from a ladder, suffered brain damage and won a claim for total disability, his employer’s insurer went so far as to selectively edit a video of the man, then have him fraudulently arrested by the local police department. ...Read More


	Western District Won't Review Temporary Award to Worker Who Tested Positive for Pot		09/05/2018
	Source: WorkCompCentral
	State: MO \| Segment: SOUTH \| 120 \| 0 \| Popular with Legal \| 48 min read
	The Missouri Court of Appeals on Tuesday declined to weigh in on whether a worker’s positive drug test forfeited his entitlement to benefits for a severe brain injury after a fall from a scaffold. ...Read More


	Supreme Court Upholds Dismissal of Worker's Claims for Discrimination, Retaliation		09/05/2018
	Source: WorkCompCentral
	State: NE \| Segment: NORTH \| 114 \| 0 \| Popular with Insurance \| 36 min read
	The Nebraska Supreme Court upheld the dismissal of a hospital employee’s claim of disability discrimination and retaliation following her termination for failing to return to work after being injured in a parking lot fall. ...Read More

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Today's Round Up

NY - Corrections Officer Accused of Working as a Bouncer While on Benefits

09/21/2018 | 44 | 0

A New York corrections officer has been charged with grand larceny and insurance fraud after investigators discovered that he was working as a bouncer in an Albany-area bar while collecting workers’ compensation benefits, the New York Inspector General’s Office said. Benjamin Essenter, 44, of Clifton Park, was arrested and arraigned in the Town of Colonie Justice Court, according to a press release. Essenter claimed he was injured while working as a corrections officer at Coxsackie Correctional Facility in the summer of 2016. He submitted medical examination reports stating... Read More

CA - Columnist: WCAB Move Fits Pattern of Rewarding Friends With Patronage

09/21/2018 | 38 | 0 | 12 min read

California Gov. Jerry Brown’s decision to appoint a high school classmate to the Workers’ Compensation Appeals Board fits with a pattern of rewarding friends with political appointments since the start of his third term in 2011, according to columnist Dan Walters. Juan Pedro Gaffney Walters, a former columnist for the Sacramento Bee who joined the nonprofit CALmatters as a commentary writer in 2017, said that shortly after Brown took office in 2011, he rescinded an appointment his predecessor made to the state community college Board of Governors. Brown’s office exp... Read More

RI - Officials Aren't Itching to Close Courthouse Over Bedbug Sightings

09/21/2018 | 25 | 0

Despite calls from labor unions to shut down the courthouse because of bedbugs, court administrators have said it's not such a biting concern and plan to keep the building operating. Union officials and courthouse regulars have complained for weeks about the itch-causing insects on several floors of the Garrahy Judicial Complex in Providence and don't feel that the issue is being taken seriously, according to local TV news. "It's a serious situation, and I don't know that they're taking it to the level I think it should be taken," said Michael Dow... Read More

FL - FCBI Relocates Headquarters to Orlando

09/21/2018 | 72 | 0

Florida Citrus, Business & Industries Fund announced Thursday that it has moved its corporate headquarters from Alachua, Florida, to Orlando. FCBI, a group self-insurance fund, provides workers’ compensation insurance to more than 7,000 policyholders in Florida. The fund said its relocation has created more than two dozen jobs and it remains committed to growing its workforce in the coming years. The fund earlier this year moved all of its marketing and underwriting functions in-house. When the fund began its operations in in 1977 it focused entirely on providing covera... Read More

CA - Waste Hauler Fined $46K After Worker Fatality

09/21/2018 | 46 | 0

After Bay Area garbage hauler was run over by his own truck, the California Division of Occupational Safety and Health cited his employer for failing to ensure that the truck’s safety restraint was in good working order, and for failing to ensure that that it wasn’t used by workers driving from the right side of the truck. Cal/OSHA said a GreenWaste Recovery worker was run over while collecting recyclables in San Jose on March 2. He was making a turn while operating the truck from the right hand side when he fell out of the vehicle. Cal/OSHA’s inspection determined that the... Read More

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