Can a worker collect workers’ compensation benefits if they were intoxicated when the injury occurred? A Texas appeals court said no when it ruled against a worker who had a high blood-alcohol concentration when he was injured at work. Texas law says that if an employee is intoxicated at the time of injury then they […]
Two California business owners and an employee with both companies were charged with multiple counts of workers’ compensation insurance fraud after an investigation revealed they conspired together to lower insurance premiums. Troy Williams, owner of Archer Building Company, John Allison, owner of Allison Development, and Nanci Mormon, an employee at both companies, were arraigned May […]
The owner of a California janitorial company was ordered March 9 to pay back more than $2 million in restitution for committing workers’ compensation and tax fraud. Almirante Perez, doing business as Southern Pacific Janitorial Group, was ordered to pay $2,407,573 to multiple victims including the state’s Employment Development Department, Republic Underwriters, Berkshire Hathaway and […]
A New Jersey landscaping contractor was charged with fourth-degree failure to provide workers’ compensation coverage for an employee injured on the job. Richard Hockenberry, owner of Rick Hockenberry Landscaping, was indicted on the fourth-degree charge that resulted in the state’s Uninsured Employer’s Fund paying out $194,582 for temporary disability benefits, medical benefits, legal counsel and […]
Can a worker who failed to disclose a prior back injury collect workers’ compensation benefits after injuring his back while working for a new employer? If the new injury can’t be medically proven to be related to the old injury, it is possible. The South Carolina Court of Appeals issued a decision April 27, 2022, […]
OSHA hasn’t been able to ban substances that harm workers the most – but the EPA is making some headway. Chrysotile asbestos will soon be banned in a wide range of industrial uses under a Toxic Substances Control Act (TSCA) rule. EPA is calling for a manufacturing, distribution and import ban on chrysotile asbestos in: […]
Typically, when an employee is injured a workers’ compensation claim needs to be filed in a timely manner for benefits to be considered. However, as an Arkansas appeals court recently found, there are some caveats. On rare occasions, an injured worker may have been misdiagnosed, leading to the actual source of the injury being overlooked. […]
Can an injured employee’s completely unrelated pre-existing medical conditions ever factor into a permanent total disability claim? While considering a case involving a deaf worker who argued his hearing loss should factor into a disability claim, an appeals court in Missouri recently found that for such a condition to have an effect, it must have […]
Can a truck driver collect on a back injury despite having a history of spine-related medical problems? According to the West Virginia Court of Appeals, he can’t. Why? In this case, because there wasn’t enough medical evidence to prove his back problems were related to on-the-job injuries. Pushed down onto pavement The driver claimed he […]
