Top Story: Thursday, June 8, 2023

Wash. - Appeals Court Says Pet Service App Not Employer, Doesn't Need Comp

An online platform that connects pet owners to people providing services such as dog walking or grooming and pockets a percentage of any payments as compensation for the matchmaking is not an employer required to pay for workers’ compensation insurance, an appellate court in Washington state ruled. Although there were some indications that A Place for Rover, more commonly known as Rover.com, exercised control through its unfettered… Read more »

Mont. - Supreme Court Says Time for Worker to File Claim Was Tolled While He Had No Guardian

The Montana Supreme Court ruled that the statute of limitations for a worker’s claim was tolled during the time he had no appointed guardian, and that substantial evidence supported an assessment of attorney fees and penalties against the carrier that contested the claim. Case: Bryer v. Accident Fund General Insurance Co., No. DA 22-0590, 06/06/2023,… Read more »

Texas - Self-Represented Worker Waives Arguments He Failed to Raise in Administrative Process

A Texas appellate court ruled that a self-represented litigant’s failure to present arguments during the administrative process for his workers’ compensation claim waived his ability to assert them on appeal. Case: Whitehurst v. New Hampshire Insurance Co., No. 14-21-00153-CV, 06/06/2023, published. Facts and procedural history: Anthony Whitehurst… Read more »

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MT Supreme Court Says Time for Worker to File Claim Was Tolled While He Had No Guardian

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N.Y. - No Additional Benefits for Injured Court Reporter Whose Disability Didn't Cause Unemployment

A New York appellate court upheld a denial of additional benefits to an injured court reporter whose disability had not caused her to leave her job. Case: Matter of Saporito v. Office of Court Administration, No. 534851, 06/01/2023, published. Facts: Barbara Saporito worked as a court reporter. She suffered injuries in a fall from a chair at work in March… Read more »

N.Y. - Worker's Failure to Mention Prior Neck Injury Doesn't Result in Forfeiture of Benefits

A New York appellate court ruled that a worker who failed to mention to his doctors a prior compensable neck injury after a second industrial accident did not commit fraud. Case: Matter of Updike v. Synthes, No. CV-22-1920, 06/01/2023, published. Facts and procedural history: Lawrence Updike worked as an automotive mechanic. He… Read more »

N.Y. - IMEs Would Face New Requirements Under Bill

A New York lawmaker filed legislation that would amend sections of the state’s workers' compensation law that deal with physicians authorized to conduct independent medical examinations. Assembly Bill 7730, which was introduced Tuesday, would require doctors conducting independent medical exams to do so in an “objective and… Read more »

Texas - TDI Corrects Commissioner's Order

The Texas Department of Insurance has corrected language related to the effective date of the recently adopted Commissioner’s Order No. 2023-7932 for NCCI Item E-1410. TDI reported that the order should have included the language “and any in-force policy in effect on and after July 1” in Finding of Fact No. 4, Conclusion of Law No. 4 and the ordering… Read more »

Texas - DWC Announces 10-Hour OSHA Courses

The Texas Division of Workers’ Compensation announced two 10-hour OSHA safety courses that are available to Texas employers. The courses are offered at DWC’s new Austin offices at the Barbara Jordan Building and at other locations across Texas. The first, a 10-hour construction course, is an entry-level construction worker two-day class focusing on construction,… Read more »

Ntl. - Young: The WCAB and MSA Approval

by Julius Young

A recent California Workers' Compensation Appeals Board panel decision highlights some of the challenges in settling cases with a Medicare set-aside. Kaiser and Sedgwick appealed when the judge approved the workers’ comp settlement but refused to approve the proffered Medicare addendum language. In the case, Irma Dufelmeier v. Kaiser… Read more »

Top Story: Thursday, June 8, 2023

Wash. - Appeals Court Says Pet Service App Not Employer, Doesn't Need Comp

Mont. - Supreme Court Says Time for Worker to File Claim Was Tolled While He Had No Guardian

Texas - Self-Represented Worker Waives Arguments He Failed to Raise in Administrative Process

News: WEST

News: NORTH

News: SOUTH

N.Y. - No Additional Benefits for Injured Court Reporter Whose Disability Didn't Cause Unemployment

N.Y. - Worker's Failure to Mention Prior Neck Injury Doesn't Result in Forfeiture of Benefits

N.Y. - IMEs Would Face New Requirements Under Bill

Texas - TDI Corrects Commissioner's Order

Texas - DWC Announces 10-Hour OSHA Courses

Ntl. - Young: The WCAB and MSA Approval

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