Texas DWC Seeks Comment on Administrative Violations Complaint Form

• The Texas Division of Workers’ Compensation is seeking public comments on proposed revisions to its Form 154,  Workers’
  Compensation Complaint Form.
• The DWC Form-154 is the form for individuals to complain about instances of administrative violations committed by system participants.
• The revisions will allow complainants to specify, if known, the identity of the person or company their complaint is against. This will allow for faster processing of complaints, and it will both expedite investigations.
• The DWC said the changes will also  prevent unnecessary follow-up efforts by Audits and Investigations staff to discern the
  identity of the alleged violator.
• The deadline for comments is 5 p.m. Central, on Oct. 31.
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NY WCB Closes Allegany Virtual Office

• The New York State Workers’ Compensation Board will be closing its Allegany virtual-only office, as of Dec. 8.
• The board said it is consolidating some of its smallest, low-activity locations.
• Requests for in-person hearings and appointments are accommodated in Buffalo.
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Virginia Commission Corrects Wage Error to Injured Employee

• A Virginia court found that the state’s Workers’ Compensation Commission did not err when it corrected a mistake that awarded benefits at the wrong weekly wage, and that the injured employee mistakenly accepted the lower wage due to a head injury and lack of an attorney at the time of the award agreement.
• In the matter of Pittsylvania County School Board, School Systems of Virginia Self-Insurance and Sedgwick Claims Management Services appeal from the Workers’ Compensation Commission’s decision to modify Kristy L. Hite’s average weekly wage from $212.69 to $316.91.
• Under the Virginia Workers’ Compensation Act, awards of compensation benefits are based on the average weekly wage. Payment of temporary total disability benefits “shall not exceed the average weekly wage of the injured employee.” But the Commission has the implied power “to do full and complete justice in each case.” And the Commission may review and modify awards based on a changed condition.
• The court ruled that the Commission has “the power and authority not only to make and enforce its awards, but to protect itself and its awards from fraud, imposition and mistake.” An employee’s average weekly wage, even after being agreed to by the parties and set forth in an award of the commission, is subject to modification upon the grounds of fraud, misrepresentation, mistake or imposition.”
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