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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There is no Surgery Penalty

By David Langham[1] Deputy Chief Judge Florida Judges of Compensation Claims Pensacola, FL   What is the point of surgery, therapy, or immobilization? Often, such treatment will be delivered for relief of symptoms. Or, just as likely, the care will be for remediation, or “removal/correction of a defect or disease.” The distinction is important in […]

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The Impact of Human Effort and Employment in an Increasingly Automated Workplace

By Jennifer Nicaud, Administrative Law Judge Mississippi Workers’ Compensation Commission Jackson, MS   In the early 1960s, a committee of scientists and social activists sent an open letter to the US President, Lyndon B. Johnson: “The cybernation revolution” will create “a separate nation of the poor, the unskilled, the jobless” who will be unable to […]

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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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NAWCJ Lunch & Learn

By Pamela Johnson Workers’ Compensation Judge Court of Workers’ Compensation Claims Knoxville, TN   SAVE THE DATE   NEXT LUNCH AND LEARN: The NAWCJ will hold its next one-hour Lunch and Learn program on Tuesday, June 3, 2025, at 12:30 p.m. Eastern Time. (This is a schedule change). The topic is Presumptions & First Responders. […]

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NAWCJ’S Curriculum Committee Announces Its Lineup for the Judicial College in August 2025

By Timothy Conner Judge, Tennessee Workers’ Compensation Commission Knoxville, TN   The NAWCJ’s annual Judicial College will convene August 17-20 at the beautiful World Center Marriott in Orlando, Florida.  The Judicial College occurs in conjunction with WCI’s Annual Conference, which attracts approximately 5,000 workers’ compensation professionals from across the country.  This year, the NAWCJ’s Curriculum […]

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