Category

Workers’ Compensation

Family’s $4.8 million award affirmed 15 years after line cook ate shellfish

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The family of a line cook who died after eating shellfish off-hours to which he was allergic is entitled to a $4.8 million jury award, the Illinois Appellate Court ruled Tuesday. Angel Rivas worked at the restaurant where he ate the shellfish in an employer-provided meal. As documented in Rivas v. Benny’s Prime Chophouse, LLC, Luz Rivas, his widow filed…

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Indiana Supreme Court to hear oral arguments Sept. 4 over worker’s compensation claim

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The Indiana Supreme Court will hear oral arguments in two cases during the first week of September, including one involving a dispute over a $2.8 million workman’s compensation reimbursement request filed with the Indiana Compensation Rating Bureau. The hearings will be held Sept. 4 in the Supreme Court Courtroom at the Indiana Statehouse. Beginning at 9 a.m., justices will hear…

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Mental injury legislation continues to trend in comp: Report

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States continued to consider proposals to expand the acceptance of mental injuries in workers compensation this year, according to a report by the National Council on Compensation Insurance. The results have been mixed, the report shows. In an overview of workers compensation-related legislation considered through July 31, mental injuries topped the list of themes, with such injuries suffered by first…

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Violence against educators increases, triggering more workers comp claims

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Aggression against people working with schoolchildren has been increasing steadily since the COVID-19 pandemic, causing a spike in workers compensation claims even though claims are rarely filed for injuries stemming from such violence, experts say. Violence and aggression against educators, which was on the rise pre-pandemic, rebounded “sharply” after 2022, with 56% of teachers reporting physical violence from students in…

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Back and shoulder injuries tend to be most costly in comp: study

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Claims involving degenerative back conditions tended to be among the most costly, at an average of $120,000 in medical and indemnity payments, according to a study released Thursday by the Workers Compensation Research Institute. WCRI studied “high-cost” shoulder and back injury claims, described as those that hit $100,000 or just below, and found that 42% of degenerative back claims fell…

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WCRI: Trend of non-physicians treating hurt workers speeds up care

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Advanced-care practitioners treated injured workers in 37% of nonemergency visits for evaluation and management, more than double the 18% reported in 2013, according to the Workers Compensation Research Institute. The institute has been studying the rise of advanced-care practitioners working with injured employees, a trend experts have said is the result of physician shortages, especially in rural areas. Such professionals…

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‘Overexertion’ top driver of comp costs: report

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“Overexertion,” “falls,” and “struck-by and object or equipment” are the costliest workers compensation injuries, accounting for more than half of the $58.8 billion spend, based on 2022 data, Liberty Mutual Insurance Co. revealed in its safety report released Tuesday. The study named “overexertion involving outside sources” as the top cause, accounting for $13.7 billion in costs, largely due to “manual…

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Heat-related injuries jump at 80 to 85 degrees: Report

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Heat-related workplace injuries double when temperatures rise to just 80 or 85 degrees Fahrenheit and increase more than sevenfold when temperatures exceed 90 degrees, according to a new report by the Workers Compensation Research Institute. Unsurprisingly, such injuries are more common during summer months and disproportionately affect outdoor workers. Men and younger workers are at greater risk, and Southern states…

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Indiana high court reverses in teacher’s case

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The Indiana Supreme Court held that a trial court should have dismissed a teacher’s case alleging she was fired in retaliation for contemplating filing a workers’ compensation claim because she failed to allege the district was exclusively motivated by a desire not to pay the claim. A trial court denied the district’s request for summary judgment, and a jury concluded…

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Comp injury report shows longer disability, continuing decreases in frequency

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A decade’s worth of injury data shows injured workers are taking longer times to recover, just as workers compensation claims frequency continues to decline, according to a report released Tuesday by The Travelers Cos. Inc. Travelers’ data showed there were 1.2 million claims received during the past five years, down from 1.4 million from 2015 through 2019, yet highlighted areas…

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