Top Story: Friday, December 8, 2023

N.M. - Ankle Condition Qualifies as Schedule Injury to Foot, Not Leg

The New Mexico Court of Appeals ruled that an ankle injury is a schedule injury to the "foot at the ankle." Lynne Jaramillo worked for the New Mexico Taxation & Revenue Department. She injured her ankle at work, and a workers’ compensation judge awarded her 115 weeks of benefits for a schedule injury to "one foot at the ankle." Section 52-1-43 of the state Workers’ Compensation Act lists 43 "specific body members" and pairs each with a period, stated in weeks, that compensation will be provided for "the loss or loss of use." Under… Read more »

Pa. - Minor Fire Doesn't Constitute Abnormal Working Condition for Truck Driver With PTSD

The Commonwealth Court of Pennsylvania ruled that a minor fire that was extinguished in two minutes without physical injury to anyone did not constitute an abnormal working condition for a truck driver. Case: Premium Transportation Staffing Inc. v. Welker, No. 1329 C.D. 2022, 11/30/2023, published. Facts: Robert L. Welker worked for Premium Transportation Staffing Inc. In February 2015, Premium sent Welker to York Haven to pick up a truck. His pre-trip safety inspection included making sure a… Read more »

N.Y. - Court Partially Revives Claim for Worker Injured While Taking Cover in Explosion

A New York appellate court partially revived a worker’s Labor Law claims for… Read more »

N.Y. - Settlement of Third-Party Action Bars Receipt of Further Comp Benefits

A New York appellate court ruled that an injured worker was barred from receiving further workers' compensation… Read more »

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NM Ankle Condition Qualifies as Schedule Injury to Foot, Not Leg

Calif. - Two Tractor Rollover Deaths in Two Months Lead to $290,000 Fine

The Washington State Department of Labor and Industries fined a fruit grower and processor $290,000 after two orchard workers died in separate tractor rollover accidents in two consecutive months. L&I said Gilberto Padilla died May 7 after he drove over a tractor weight, causing the vehicle to roll. The department said the rollover protection structure was not up at the time and Padilla was not wearing a seat… Read more »

Calif. - DWC Updates Ambulance Fee Schedule

The California Division of Workers’ Compensation posted an order updating reimbursement rules and rates for ambulance services provided in 2024. For services rendered on or after Jan. 1, the maximum reasonable fee shall not exceed 120% of the applicable California fees established in the 2024 Medicare Ambulance Fee Schedule File, the DWC said. The division’s order adopts the… Read more »

Calif. - WCIRB Governing Committee Meets Wednesday

The Workers’ Compensation Insurance Rating Bureau of California Governing Committee is meeting at 9:30 a.m. Wednesday. The committee’s December meeting is typically short, and this year is no exception. The only new business for committee members to discuss are potential 2024 actuarial and research… Read more »

N.Y. - Bill Would Allow Survivors to Refile COVID Death Claims

New York lawmakers on Wednesday introduced a bill that would allow survivors of those whose COVID-19 deaths were connected to work to refile workers' compensation death benefits claims that were previously denied due to timing. SB 7792, which was sent to the Senate Rules Committee, would allow the reopening of claims that were… Read more »

Mo. - Lawmakers to Consider Bill on Marijuana, Work Comp

Missouri lawmakers will consider a bill that would add marijuana to current law that reduces or eliminates workers’ compensation benefits for those who are found to be under the influence of alcohol or nonprescribed controlled drugs. Workers’ compensation benefits are reduced by 50% when a worker disobeys an employer’s drug-free… Read more »

Ntl. - Paduda: Another Deal Is Done in Work Comp Services

by Joe Paduda

Private equity firms Lee Equity Partners and Elements Health Investors completed a recap of Carisk Partners last week, marking one of the very few deals to be done over the last many months. While this may be an indication that things may be moving, there are several reasons we aren’t likely to see a return to the halcyon days of a decade ago. First, over… Read more »