OH - Commission's Lack of Jurisdiction Over Claim Doesn't Affect Worker's Appeal
05/03/2024 | 0
The Ohio Supreme Court unanimously ruled that the Industrial Commission’s lack of statutory jurisdiction over a worker's claim did not affect his right to appeal for additional benefits.
Brian Caldwell worked for Whirlpool Corp. He suffered an on-the-job injury in March 2015 and filed a workers’ compensation claim.
The Bureau of Workers’ Compensation accepted the claim as compensable. The last medical bill was paid under the claim in May 2016, and Caldwell received his last permanent partial disability payment in January 2017.
In December 2019, Caldwell sough...
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The Commonwealth Court upheld the assessment of penalties on an employer for failing to pay for medications to treat a worker’s depression.
Case: St. Luke’s Physician Group v. Kuzo, No. 955 C.D. 2022, 04/29/2024, unpublished.
Facts: Sheila Kuzo worked for St. Luke’s Physician Group as a critical care nurse. She suffered injuries at work in September 1996 while assisting a patient. SLPG accepted liability for a herniated disc as well as Kuzo’s esophageal problems, depression and sleep disorder.
Procedural history: Kuzo filed a penalty petition against SLPG, asser...
A New York appellate court upheld the summary dismissal of a worker’s Labor Law claim based on his injuries from being struck by a falling fire extinguisher.
Case: Flores v. Fort Green Homes LLC, No. 2021-02902, 05/01/2024, published.
Facts: Carlos Flores allegedly suffered injuries while backfilling the foundation at a construction site when a fire extinguisher struck him on the head. According to Flores, the fire extinguisher was resting unsecured on a beam approximately 20 feet above him when it fell.
Procedural history: Flores filed suit against Fort Green Homes LLC, assertin...
A New York appellate court ruled that a defendant in a Labor Law claim should have been granted partial summary judgment.
Case: Malecaj v. West 70th Owners Corp., No. 307346/12, 04/30/2024, published.
Facts: Besnik Malecaj was injured when he fell from a plank while excavating a pool during the renovation of a townhouse in Manhattan. The property was owned by West 70th Owners Corp. The renovation was being overseen by New Order Construction Management Inc. and Bronx Excavation Co. Inc.
Procedural history: Malecaj filed suit against New Order and West, asserting claims for negligence and vio...
The Environmental Protection Agency finalized a rule last month significantly restricting the use of methylene chloride due to its health risks. This analysis examines the rule's impact on workers and potential workers' compensation claims.
Background
Methylene chloride is a hazardous chemical linked to cancer, neurotoxicity and liver damage.
The EPA identified unreasonable risks from exposure in various settings, including workplaces.
The final rule prohibits the manufacturing, processing and distributing of methylene chloride for most cons...
The Texas Division of Workers’ Compensation proposes amendments that it says will update regulatory language to ensure that its gifts, grants and donations rule is clear and accurate.
The division proposes eliminating references to the Workers’ Compensation Commission, which was abolished in 2005. The division also proposes eliminating rules requiring the commission to acknowledge gifts worth more than $500 by a majority vote and in official minutes of public meetings. Additionally, the division proposes to eliminate rules that allow the executive director to accept...
The average indemnity benefit per claim increased 13% in 2022 and was the main driver of growth in overall costs per claim in Florida, according to the Workers Compensation Research Institute.
“An increase in indemnity benefits per claim in 2022 was a common finding across study states, including Florida,” Sebastian Negrusa, vice president of research at WCRI, said in a statement. “Faster wage growth and longer duration of temporary disability drove the indemnity growth in 2022, likely related to changing labor market and economic conditions.”
Other findings from the ...
Hawaii lawmakers on Thursday sent the governor a bill that would entitle injured workers to receive magnetic resonance images during the first 60 days after an injury before a medical treatment plan is in place.
The House of Representatives and Senate on Wednesday both signed off on a conference committee amendment to HB 1944 that would make the bill take effect July 1.
HB 1944 would declare that injured workers are entitled to an MRI of the cervical spine or the lumbar spine if the attending physician finds objective indicia of radicular symptoms “that reasonably could be caused by in...
The Washington Court of Appeals upheld a $1.7 million judgment against an employer for deliberately misclassifying its workers and underpaying its premiums.
O.M.A. Construction Inc. is a contractor and subcontractor for public works projects. Its employees drive dump trucks loaded with materials to, from and within construction or reclamation sites. Approximately 70%-75% of its employees’ driving is on or within construction sites, and the drivers primarily stay in the cab of the truck and do not run excavation equipment.
In June 2015, the Department of Labor and Industries audited O.M...
The Pennsylvania Supreme Court will weigh in on the question of whether cannabinoid oil and dietary supplements qualify as “medical services” or “medicines and supplies” for purposes of the state Workers’ Compensation Act.
A workers’ compensation judge ruled that an injured attorney was entitled to have his firm foot the bill for his doctor-prescribed CBD products. The Workers’ Compensation Appeal Board disagreed and reversed, but the Commonwealth Court in November reinstated the award to Mark Schmidt.
Schmidt injured his back in April 2017...
A Louisiana appellate court tossed a worker’s challenge to the denial of his request for additional benefits as untimely.
Case: Lumar v. Central Transport LLC, No. 2023 CA 0980, 04/26/2024, published.
Facts: Roydall Lumar worked for Central Transport LLC as a delivery driver. He suffered injuries at work in March 2020.
Central Transport paid for Lumar's medical care as well as indemnity benefits. After Lumar’s doctors released him to light-duty work, Central Transport offered Lumar light-duty employment at his pre-accident wage, starting Aug. 13, 2021.
When Lumar did not ac...
The Oklahoma Supreme Court adopted a decision of the Court of Civil Appeals finding that an attorney could not get out of a fee-splitting deal just because the agreement violated the Rules of Professional Conduct.
Case: Garrett v. Bell, No. 120,999, filed 10/27/2023, mandate issued 04/25/2024, published.
Facts: Richard Bell of the Bell Law Firm and David Garrett of the Garrett Law Office represent claimants in workers’ compensation cases.
In 2005, an attorney with the Garrett firm died, and the office agreed to refer workers’ compensation cases to Bell in exchange for a por...
NATL. - NCCI Says Lost Costs Decreasing Due to Payroll Changes
Workers’ compensation bureau loss costs are decreasing, mostly due to changes in payroll used to calculate premiums, along with a continued decline in injury claim frequency, according to a report released Tuesday by the National Council on Compensation Insurance.
Workers’ comp costs have been increasing recently at a slower pace than wage inflation, resulting in decreased loss costs, the report says. Additionally, injury claim frequency has been decreasing “over a long period,” it says.
“Workers’ compensation average claim costs generally increase,”...
The Minnesota Legislature passed a bill that would implement Workers’ Compensation Advisory Council recommendations to revise certain wage and benefit calculations and increase attorney fees.
The Senate on Tuesday voted 60-2 to pass HF 4661, which has not been amended since the state House of Representatives voted 129-0 to pass it on April 24.
Provisions in the bill would:
Increase the maximum temporary disability payment to 108% of the statewide average weekly wage, from 102%.
Increase the cap on attorney fees to 20% of the first $275,000 in compensation awarded, from 20% of the f...
Texas Mutual Insurance Co. announced that its board of directors approved a $350 million dividend for qualifying policyholders.
The carrier said about 69,000 business owners will receive a dividend, representing about 90% of its policyholders.
Texas Mutual said this is the 26th consecutive dividend awarded and that it has returned more than $4.4 billion to policyholders since 1999.
TMIC said it plans to distribute dividends in June.
...
The Colorado General Assembly passed a bill that would increase statutory caps on disability benefits and require annual adjustments for inflation, starting in 2025.
The Senate on Tuesday voted 24-11 to pass HB 1220, by Rep. Lindsey Daugherty, D-Arvada. The bill has not been amended since the state House of Representatives voted 42-18 to pass it on April 11.
Colorado law limits combined temporary disability benefits and permanent partial disability benefits to $75,000 for injured workers with a rating of 19% or lower. HB 1220 would increase that to $185,000.
The bill would also raise th...