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Top Story: Friday, December 20, 2024
The Iowa Court of Appeals ruled that the estate of a worker killed in an assembly line accident failed to establish a viable gross negligence claim against a co-employee.
John Lavery worked for a small-motor manufacturer and operated a hydraulic test stand.
The test stand injects pressurized oil through a small motor to test it as it comes off the production line. The operating employee puts the motor into the stand and connects hoses to inject the oil.… Read more »
A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for his fall from a ladder.
Case: Llach v. L.I.C.C. Realty Co., No. 153389/18, 11/26/2024, published.
Facts: Ignacio Llach allegedly suffered injuries while working on a construction project at a property owned by L.I.C.C. Realty Co.
Llach testified that his… Read more »
West Virginia’s Intermediate Court of Appeals upheld an award of benefits to a diesel mechanic for a back injury.
Case: Penske v. Hughey, No. 24-ICA-231, 12/06/2024, published.
Facts: James Hughey worked for Penske as a diesel mechanic. He allegedly suffered injuries at work in August 2021.
According to Hughey, he was using a pry bar to change a tire when the pry bar slipped, causing him to fall… Read more »News: NORTH
The Arkansas Court of Appeals upheld a denial of additional temporary total disability benefits for a worker’s back injury.
Case: Perez v. Southern Tire Mart LLC, No. CV-23-689, 12/11/2024, published.
Facts and procedural history: Jose Perez worked for Southern Tire Mart LLC. He injured his back at work in October 2017.
X-rays showed no fracture or subluxation. A magnetic resonance imaging scan… Read more »
Texas lawmakers introduced a bill that would expand the number of police, firefighters and emergency medical technicians who qualify for a presumption that post-traumatic stress disorder is a compensable injury.
The PTSD presumption lawmakers created in 2017 applied to peace officers, emergency medical technicians and firefighters… Read more »The Louisiana Workers' Compensation Corp. announced that it is acquiring North Carolina-based work comp carrier Prescient National.
"The acquisition brings together two top-performing workers’ compensation companies with a shared commitment to stakeholders and a culture of excellence," the Louisiana Workers' Compensation Corp. said in a… Read more »
The Minnesota Commission on Judicial Selection recommended two candidates for Gov. Tim Walz to consider for filling an upcoming vacancy on the Workers’ Compensation Court of Appeals.
The commission nominated Janis Douglass and Sean Quinn for the vacancy opening in January.
Douglass is a… Read more »
The Texas Division of Workers’ Compensation approved the 2025 Medical Quality Review Annual Audit Plan.
The annual plan establishes priorities for the Medical Quality Review Panel audits and identifies the scope, methodology and selection criteria for the audits.
The panel will conduct one audit to evaluate the quality of designated doctor reports and the necessity… Read more »
One of the best things a party can do in the workers’ compensation system is to reach an agreement to settle via compromise and release because it typically resolves liability for future medical care.
Other than litigation and trial, there are two main avenues in which a claim can settle:
A stipulated award, which leaves future medical care open.
A compromise and release, which resolves future medical care.
This article will only focus on tips for… Read more »
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