Category: Uncategorized

Changes Coming to Kansas Workers’ Compensation

On May 29, 2024, Governor Laura Kelly signed SB 430 into law.  This law is the first major workers’ compensation reform in Kansas for almost a decade and will take effect on July 1, 2024.  The law will impact Kansas workers’ compensation claims in several notable aspects, including, but not limited to: Cap Increases: The

March Madness in the Illinois Legislature: Proposed Legislation Seeks to Make Illinois Student Athletes Eligible for Workers’ Compensation Benefits

Currently, the Illinois Workers’ Compensation Act protects employees. House Bill 5625, introduced in the Illinois House of Representatives, would amend the Act to expand the definition of “employee” to include every student participant in an athletic program at an institution of higher education, but only when the student is participating in an athletic event, traveling

PROPOSED LEGISLATION IN MISSOURI REGARDING LEGAL MARIJUANA AND WORKERS’ COMPENSATION

On November 8, 2022, voters in Missouri approved Amendment 3, an amendment to the Missouri Constitution legalizing purchase, possession, and consumption of marijuana for adults aged 21 and over.  This development created some uncertainty for Missouri employers regarding how legal marijuana may impact their policies surrounding employment decisions and workers’ compensation.  Several bills currently being

Wiedner & McAuliffe Secures Favorable Decision Before the Missouri Court of Appeals, Preventing Windfall Award for Disputed Medical Bills

Congratulations to Wiedner & McAuliffe Partner Paul Larimore in securing a favorable decision before the Missouri Court of Appeals on behalf of our client, Darden Restaurants, Inc. and third-party administrator Gallagher Bassett. Claimant suffered a minor injury which was initially denied as being non-compensable under the Statue.  The employer/insurer later accepted the claim based upon

WIEDNER & MCAULIFFE KANSAS CITY ATTORNEYS PREVAIL IN POST-AWARD DECISION BEFORE KANSAS APPELLATE BOARD

In a recent Kansas post-award case tried and subsequently appealed by the claimant to the Kansas Workers’ Compensation Appeals Board, Wiedner & McAuliffe attorneys Brenden Webb and Andrew Jones secured a favorable decision on behalf of our client, Direct TV, Inc.  The Appellate Board upheld a favorable trial decision obtained relieving Direct TV, Inc. of

Defense Verdict for Commercial Property Owner in Mold Case

Congratulations to Wiedner & McAuliffe partners Zach Vaughn, Brent Salsbury, and their team for an extraordinary defense verdict for our commercial landlord client after a one-week jury trial in St. Charles County, Missouri! Our client owned a 75,000-square-foot property with Plaintiff being a tenant for six years. Plaintiff, 47, alleged her unit contained toxic mold

WIEDNER & MCAULIFFE SUCCESSFULLY REBUTS COVID-19 PRESUMPTION AND OBTAINS CLAIM DENIAL

In a recent case tried before an arbitrator at the IWCC, Wiedner & McAuliffe partners Brian Hindman and Matt Rokusek won a favorable decision by working with our client, Tyson Foods, Inc., in developing a successful defense to a COVID-19 case brought under the Illinois Occupational Diseases Act in Eufrocina Martinez de Cruz v. Tyson Fresh

INDIANA WORKER’S COMPENSATION PPI SUBMISSION PORTAL

Effective, October 1, 2023, the Indiana Worker’s Compensation Board will require submission of State Form 1043 Agreement to Compensation with medical report and Waiver to be submitted via the PPI Submission Portal. The portal will also allow monitoring of each submission to confirm review and approval. The Portal is currently available for submissions and will

CHANGES TO INDIANA WORKER’S COMPENSATION WEEKLY WAGES AND PERMANENT PARTIAL IMPAIRMENT VALUES EFFECTIVE 7/1/2023

Pursuant to statutory amendment of 22-3-3-22, the Indiana legislature increased the maximum average weekly wage, maximum TTD rate, and maximum claim compensation for injuries on or after 7/1/2023. The statute further provides for annual increases effective on July 1st of each year through 7/1/26. The rate increases are as follows for injuries occurring between 7/1/23 and

WIEDNER & MCAULIFFE ATTORNEY PREVAILS ON AVERAGE WEEKLY WAGE ISSUE AT APPELLATE COURT

Wiedner & McAuliffe is proud to announce that our partner Matthew Rokusek won a favorable decision on the issue of average weekly wage (“AWW”) calculation from the Illinois Appellate Court in Employco USA, Inc. v. Ill. Workers’ Comp. Comm’n, 2023 IL App (1st) 220906WC-U. At trial, the employer entered a wage statement into evidence indicating