April 2025 President’s Letter

Greetings from the President By Sheral C. Kellar, President National Association of Workers’ Compensation Judiciary Louisiana Workers’ Compensation Judge – Chief Louisiana Workforce Commission     “Throw me something mister”   On Tuesday, March 4, 2025, many states celebrated Mardi Gras, especially Louisiana.  Some say Mardi Gras originated in Mobile, Alabama, but I have my doubts […]

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Can Benefits Be Denied in Your State for Misconduct?

By Amanda Luedtke, Administrative Law Judge Wisconsin Division of Hearings Milwaukee, WI   Does your State have a “no-fault” standard, whereby employees are allowed to collect workers’ compensation benefits regardless of their actions while employed? If not, do you regularly see defendants/respondents’ asserting misconduct defenses? Please take the survey at the bottom of this article […]

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AI, Innovation, and ADR: The Future Is Now

Reprinted with permission from the January 29, 2025 edition of the ALM Daily Report. © 2024 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com.   Douglas J. Witten[1] In 2011, IBM’s Watson computer system – then an early, noteworthy triumph of artificial intelligence (AI) – was […]

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A Primer on the Legal Approach to Aggravations of Preexisting Conditions

By Jane Salem, Staff Attorney Tennessee Court of Workers’ Compensation Nashville, TN   Last summer, the Tennessee Workers’ Compensation Appeals Board wrote, “This appeal highlights the often daunting challenge of quantifying causation in circumstances where an employee is alleging a work-related aggravation of a pre-existing condition.” Daunting indeed and an understatement. For over a century, […]

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Injured in the Workplace Twice: Can Injured Workers Who Receive Medical Treatment from Their Employers Sue for Medical Malpractice?

By Jordan F. Mayes and Eric L. Baxley Staff Attorneys for the S.C. Workers’ Compensation Commission   When a healthcare worker is injured on the job and their employer, taking it upon themself to treat the injury, commits medical malpractice, do workers’ compensation acts allow the worker to sue their employer for medical malpractice? To […]

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April 2025 Member News

RICHMOND, VIRGINIA Honorable Wesley G. Marshall has been elected to a three-year term as Chairman of the Virginia Workers’ Compensation Commission (VWC), Richmond, VA – The Virginia Workers’ Compensation Commission is proud to announce that Chairman Wesley G. Marshall has been elected to the Board of Trustees for the International Workers’ Compensation Foundation (IWCF). The […]

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OCTOBER 2024 PRESIDENT’S LETTER

Greetings from the President By Sheral C. Kellar, President National Association of Workers’ Compensation Judiciary Louisiana Workers’ Compensation Judge – Chief Louisiana Workforce Commission     Another College has come and gone.  Many attendees reported to me that the 2024 National Association of Workers’ Compensation Judiciary College was, simply, one of the best ever.  For many […]

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Application of “Going and Coming” Rules for Teleworkers and Remote Workers

By Judge Diane Lundeen Louisiana Workforce Commission Office of Workers’ Compensation Administration Covington, LA     Diane Lundeen has been a workers’ compensation judge for 18 years. During her tenure on the bench, she has presided in courts across the state and served as the Chief Judge from 2016 through 2018.  Judge Lundeen was an […]

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Upcoming Changes to Medicare Secondary Payer Reporting

“Reprinted with permission from the August 29, 2024 edition of the “Daily Report” © 2024 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com.” What Workers’ Compensation Insurers and Attorneys Need to Know  By: Ryan Hathcock, Partner at Chartwell Law On April 4, 2025, the Centers for […]

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The Role of Other Medical Disciplines in Workers’ Compensation in Tennessee

By Jane Salem, Staff Attorney Tennessee Bureau of Workers’ Compensation Nashville, TN   Medicine, like so many other professions and businesses these days, seems to have adopted a team approach to patient care. Workers’ compensation is no exception. Injured workers often see many providers when treating, from fields other than medical doctors. Tennessee law has […]

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