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Thomas A. Robinson on Misclassification of Employees as Independent Contractors and Deliberate Avoidance of Employment Relationships
The American capitalist economy is founded, at least in part, upon the freedom of firms and individuals to bind themselves to legal contracts without significant interference from outsiders, particularly the government. The freedom to contract does not exist within a vacuum, however. For example, should a purported employer be able to subdivide its business, hire out important core elements of its operation to
By Thomas A. Robinson
Author/Editor

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Vernon R. Sumwalt on the Physician-Patient Privilege in Workers' Compensation Cases Since the Enactment of N.C. Gen. Stat. § 97-25.6
For years, many appellate decisions in North Carolina have looked at the propriety of communications between parties and medical providers during litigation. Popularized by the medical malpractice case of Crist v. Moffatt, 326 N.C. 326, 389 S.E.2d 41 (1990), the physician-patient privilege has become one of the most litigated evidentiary issues in workers&rsq
By Vernon R Sumwalt
Attorney, Sumwalt Firm

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Claude S. Munday, Ph.D., on Issues in Apportionment in Psychiatric Cases and California Workers' Compensation
California workers ' compensation professionals are dealing with the changes mandated by SB899 that have been further modified or clarified (to a degree) by the Escobedo decision [ Escobedo v. Marshalls, CNA Insurance Co., 70 Cal. Comp. Cases 604, WCAB en banc , April 19, 2005]. This expert commentary, written by Claude S. Munday, Ph.D., focuses on the key tenets of the Escobedo decision, an
By Claude S. Munday, Ph.D
Board of Directors of the Brain Injury Association of California

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Stephen C. Embry on Managed Care Is No Care: Connecticut's Medical Fee Schedule and the Medicare Resource Based Relative Value Scale
Connecticut recently joined a growing list of states that use Medicare Resource Based Relative Value Scales (RBRVS) for setting medical fees in workers' compensation cases. [Conn. Gen. Stat. § 31-280] If experience with other states is of any value in predicting the future, workers in
By Stephen C Embry
Attorney, Embry & Neusner

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Robert G. Rassp on Five of the Most Controversial Issues in AMA Guides and California Workers' Compensation Cases
In order to get an accurate permanent disability rating for an injured worker in the California workers' compensation system, counsel needs to develop the record in all AMA Guides cases by reading the instructions in the AMA Guides and making sure physicians applied the descriptions and measurements in the Guides properly and consistently with those instructions and with the 2005 Permanent Disability Rating Sched
By Robert G Rassp
Attorney

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Thomas A. Robinson on Recent Workers' Compensation Cases Involving Retaliatory Discharge Claims: Wrongful Demotion; Discharge As Not a "Change in Condition"
Under the "at-will" employment doctrine en force within a number of states, an employer may terminate an employee for good reason, for bad reason, or for no reason at all (proponents of the rule would counter that within these jurisdictions employees may leave one place of employment for another without notice). A number of states, either by judicial decision or legislative action, have carved out exceptions to this at-will
By Thomas A. Robinson
Author/Editor

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Dr. Jennifer Christian On ACOEM's New Work Disability Prevention Guideline
Physicians see devastating psychological, medical, social, and economic effects caused by unnecessarily prolonged work disability and loss of employability. They also see wasted human and financial resources and lost productivity. The physicians who developed the American College of Occupational & Environmental Medicine (ACOEM) work disability prevention guideline know that many missed work day
By Jennifer Christian, M.D.
Physician, Board Certified in Occupational Medicine

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Peter M. Sweeny on Wainwright v. Newport News
Virginia’s one major seaport is in its Tidewater Region.  Industry and commerce center around Hampton Roads, which is home to one of the largest naval bases in the world as well as major civilian shipping industries.  Workers’ compensation practitioners in the Tidewater who represent injured workers are often faced with dual jurisdiction: the Virginia Workers’ Compensation Act [Va. Code § 65.2-1 et seq.], and the federal Longshore and Harbor Workers’ Com
By Peter M. Sweeny
Attorney

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Merle C. Rabine on Recent California Workers' Compensation Appeals Board Panel Decisions
Recent interest in California Workers' Compensation Appeals Board panel decisions has been fueled by continuing uncertainty of interpretation of parts of Senate Bill 899 and by discussion and debate on the Internet. This commentary, written by Merle C. Rabine, the past Chairman of the Workers’ Compensation Appeals Board, examines recent panel decisions, one involving "overlap" between factors of disability in the 1997 and 2005 Permanent Disability Rating Schedules, and the oth
By Merle C Rabine
Attorney & Former Commissioner, California Workers' Compensation Appeals Board

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Paul L. Salafia On NH Statutory Changes Re Employees v. Independent Contract
The New Hampshire Legislature has recently adopted statutory changes that will govern whether an employee is in fact an employee, or an independent contractor, for the purposes of workers’ compensation benefits.  The new criteria will also be determinative in issues regarding employment, payment of wages, whistle blower protection, and minimum wage issues.  This commentary, written by Paul L. Salafia, a shareholder of Divine Millimet, examines the impact of the present legisla
By Paul L. Salafia
Shareholder, Divine Millimet

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Thomas A. Robinson on Recent Medical Malpractice Cases Relating to Workers' Compensation Claims: Physician's Negligent Administration of Paperwork; Laboratory's Improper Release of HIV Results
Anyone who thinks that workers' compensation law deals primarily with broken bones, low back injuries, and computations of average weekly wages has only to look at recent decisions from around the country to see that the issues examined within the "comp world" are as interesting and intricate as in most any other area of the law.  This is particularly true where issues within the comp world intersect with those in tort law.  Two recent decisions–one from Texas, the o
By Thomas A. Robinson
Author/Editor

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Levine on Medical Specialists in Workers' Compensation, California Implications
Medical specialists’ willingness to accept workers’ compensation patients has been trending downward in a number of states over the past 10 years. This is due to two major factors: increased regulatory burdens and declines in specialist fees. This commentary, written by Dr. Steven E. Levine, a board certified internist and neurologist at UCLA Medical Center, examines these trends and the implications for several states, particularly for California. Dr. Levine predicts that a thoro
By Steven E. Levine, M.D.
Clinical Professor of Neurology, David Geffen School of Medicine at UCLA

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1Dec 6 2007 6:40PM
TomHagy
Richard C. Kissiah on Significant 2007-2008 Changes in Georgia Workers' Compensation Law
Significant changes have occurred in the Georgia workers' compensation law in 2007 through legislation passed by the Georgia General Assembly and signed into law by the Governor, through the revision by the State Board of Workers' Compensation of its Rules & Regulations, and through decisions by the Supreme Court of Georgia and the Court of Appeals of Georgia. This commentary was written by Richard C. Kissiah, who practices almost exclusively in the field of workers' compensation law and
By Richard C Kissiah
Managing Partner, Kissiah & Lay

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Levy on War Hazards Compensation Act for Overseas Injured Civilian Employees
Hostilities in Eastern Europe, Afghanistan, and most recently Iraq and other countries in the Middle East have caused many employers concern and uncertainty over workers’ compensation exposures to employees working in those parts of the world. This commentary, written by Roger A. Levy, who is Of Counsel to Laughlin, Falbo, Levy & Moresi, San Francisco , and specializes in
By Roger A Levy
Partner, Laughlin Falbo Levy & Moresi

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Rassp on Affirming Fuentes Rule for Permanent Disability Indemnity Calculation
  The California Supreme Court resolved in Brodie v. Workers' Comp. Appeals Bd ., 40 Cal. 4 th 1313, 72 Cal. Comp. Cas 565, 2007 Cal. LEXIS 4334 (May 3, 2007), the conflict among the state appellate courts as to the correct Formula to be applied for determining the apportionment of subsequent permanent disability ratings. This commentary, written by Robert G. Rassp, the author of The Lawyer's Guide to the AMA Gui
By Robert G Rassp
Attorney

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Doug McCoy on the Elimination of Second Injury Funds: Protecting Our Freedom, No Protection at Home
Second Injury Funds began in in 1916 and were then modified following World War II to encourage the hiring of disabled war veterans. Beginning in 1992, however, states began to close their Second Injury Funds. This commentary by Doug McCoy of McCoy Consulting, examines the policies behind the closure of Funds and the potential impact on Iraqi War Veterans and others. McCoy asserts that the elimination of Seco
By Doug McCoy
Principal, McCoy Consulting Inc.

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Vernon Sumwalt on Proving Causation of Work-Related Medical Conditions
Vernon Sumwalt on Proving Causation of Work-Related Medical Conditions A significant percentage of North Carolina appellate decisions have addressed the issue of causation in work
By Vernon R Sumwalt
Attorney, Sumwalt Firm

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Denis Paul Juge on Status of the Preferred Provider Organization Litigation in Louisiana: What's The Problem?
Litigation has been filed in both federal and state courts in Louisiana concerning the discounting of payments by silent PPOs to healthcare providers for medical services that are provided to patients for treatment under the Louisiana workers’ compensation act. This commentary, written by Denis Paul Juge, the author of Louisiana Workers' Compensatio
By Denis Paul Juge
Director, Juge Napolitano Guilbeau Ruli Frieman & Whiteley

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Embry on Crossing the Jensen Line and Coppola v. Logistec Connecticut, Inc.
In Coppola v. Logistec Connecticut, Inc ., 283 Conn. 1, 925 A.2d 257 (2007), the Connecticut Supreme Court reversed the Connecticut Workers' Compensation Commission and ruled that the state has concurrent jurisdiction with the federal government over certain claims involving injuries incurred on navigable waters. This commentary, written by Stephen C. Embry, a past chairman of the American Trial Lawyers Section on Workers' Compensation, exami
By Stephen C Embry
Attorney, Embry & Neusner

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Levy on Applying Defense Base Act to Civilian Employees Injured Overseas
Hostilities in Eastern Europe, Afghanistan, and most recently Iraq and other countries in the Middle East have caused many employers concern and uncertainty over workers’ compensation exposures to employees working in those parts of the world. This commentary, written by Roger A. Levy, who is Of Counsel to Laughlin, Falbo, Levy & Moresi, San Francisco, and specializes in the defense of cases brought under the Longshore and Harbor Workers'
By Roger A Levy
Partner, Laughlin Falbo Levy & Moresi

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Merle C. Rabine on Recent California Workers' Compensation Appeals Board Panel Decisions
Recent interest in California Workers' Compensation Appeals Board panel decisions has been fueled by continuing uncertainty of interpretation of parts of Senate Bill 899 and by discussion and debate on the Internet. This commentary, written by Merle C. Rabine, the past Chairman of the Workers’ Compensation Appeals Board, examines recent panel decisions on expert Diminished Future Earning Capacity (DFEC) testimony and outpatient surgery centers' burden of proof regarding the reasonablene
By Merle C Rabine
Attorney & Former Commissioner, California Workers' Compensation Appeals Board

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James Ponzio on the California Supreme Court Affirming the Fuentes Rule for the Calculation of Permanent Disability Indemnity
The California Supreme Court resolved in Brodie v. Workers' Comp. Appeals Bd., 40 Cal. 4th 1313 (2007), the conflict among the appellate courts as to the correct formula for calculating the permanent disability indemnity when there is apportionment to either a previous industrial disability, to non-industrial causes, or both. James Ponzio asserts that the determination of apportionment has thus taken on increased importance for permanent disability awards. Ponzio concludes tha
By James Ponzio
Partner, Mullen & Filippi

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Doug McCoy on the Closing of the Georgia Subsequent Injury Trust Fund
On July 1, 2006, the Georgia legislature closed the Subsequent Injury Trust Fund to new claims. Doug McCoy concludes in part that insurance carriers and third party administrators must reexamine their inactive claims, especially those in which impairment existed prior to the work-related injury, and seek recovery prior to the statutory deadline in order to properly serve employers and avoid potential liability. Contrary to the opinions of many claim handlers and recovery consultants, though,
By Doug McCoy
Principal, McCoy Consulting Inc.

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