LexisNexis Workers' Compensation: Workers' Compensation

Thomas A. Robinson on 2009 State-by-State Survey of Key Workers' Compensation Legislative Changes (January -- November 1, 2009)

Thomas A. Robinson — Tue, 24 Nov 2009 21:18:53 GMT

This Emerging Issues Analysis by Thomas A. Robinson contains a state-by-state survey of key workers compensation legislative changes during the period from January through November 2009. “Overall, it has been quite an active year,” Robinson writes. “Legislatures in Califor

Thomas A. Robinson on Implanted Lens as "Corrective Lens" for Purposes of Determining Loss of Use: Johnson v. Beauty Unlimited Landscape Co.

Thomas A. Robinson — Tue, 19 May 2009 16:35:27 GMT

Thomas A. Robinson tells us in this article that when determining the extent to which an injured worker has lost his or her vision, the dominant rule is that one’s loss of vision should be based on reading or other appropriate visual activity without the use of corrective lenses (with regard t

Danyelle Wright on Genetic Information Discrimination Act of 2008 (GINA)

Danyelle S.T. Wright — Thu, 12 Nov 2009 19:35:25 GMT

“Widely hailed as civil rights legislation for the genetic age, the Genetic Information Nondiscrimination Act of 2008 (GINA) protects Americans against discrimination based on their genetic information when it comes to health insurance and employment,” writes Danyelle Wright. “

Topical Index of LexisNexis Emerging Issues Analysis on Workers’ Compensation Related Issues (Updated 11/12/2009)

Workers' Compensation Experts — Wed, 23 Sep 2009 10:27:17 GMT

Topical Index of LexisNexis Emerging Issues Analysis Workers' Compensation Related Issues [Current through November 2009] Lexis.com subscribers can access articles for a fee. To become a lexis.com subscriber, contact your LexisNexis Account Manager or Customer Service . &n

Bruce S. Harrison on Discipline or Discharge for Drug or Alcohol-Related Conduct

Bruce S. Harrison — Mon, 05 Oct 2009 14:42:11 GMT

Most corporations have long been aware of the economic costs of employee alcoholism. No company, large or small, is immune from this problem. A large number of corporations have developed programs to identify, rehabilitate and, if necessary, discipline and discharge employees who have used or abused

Harry Asatrian and Ainsley Harrell on To E-Verify or not to E-Verify

Harry Asatrian and Ainsley Harrell — Thu, 05 Nov 2009 13:41:19 GMT

As federal, state, and local governments push more and more U.S. employers to deny hiring unauthorized workers, the question of whether to use the E-Verify system comes up more often. In this Analysis, Harry Asatrian and Ainsley Harrell, of Strasser Asatrian LLC, go over the pros and cons of E-Verif

Sana Swe and Rishi Sharma on Ross v. RagingWire Telecommunications (off-duty marijuana use & job performance)

Sana Swe and Rishi N. Sharma — Mon, 05 Oct 2009 14:01:05 GMT

In Ross v. RagingWire Telecommunications, Inc. , a five-justice majority of the California Supreme Court rejected a plaintiffs assertions that his discharge, based on off-duty, off-premises marijuana use that allegedly did not impact his job duties or performance, (i) was protected by the Compassio

Steven D. Feinberg, MD on Complex Regional Pain Syndrome: Reflex Sympathetic Dystrophy & Causalgia

Steven D. Feinberg, M.D. — Tue, 20 Oct 2009 22:56:48 GMT

Complex regional pain syndromes (CRPS) type I and type II formally known as Reflex Sympathetic Dystrophy (RSD) and Causalgia respectively, are the most complicated chronic neuropathic pain syndromes involving sensory, motor and autonomic changes. Short of a diagnosis of an incurable terminal dis

Tennessee Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 15:53:19 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Tennessee that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially sets forth the relevant sections of the Tennessee Code. “Tenn. Code Ann. § 50-6-204(d) provide

Louisiana Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 16:13:14 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Louisiana that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially sets forth the relevant statutory authority: La. R.S. 23:1221(4)(q) provides as follows: No benefits shal

Vernon Sumwalt on "Last Clear Chance" Doctrine under N.C. Gen. Stat. § 97-10.2(e): Outlaw v. APAC-Atlantic, Inc.

Vernon R Sumwalt — Fri, 15 May 2009 18:02:40 GMT

In a case of first impression, the North Carolina Court of Appeals held in Outlaw v. APAC-Atlantic, Inc., 660 S.E.2d 550 (N.C. Ct. App. 2008) , that a negligent employer cannot recover its workers' compensation lien even though a negligent third party had the last clear chance of avoiding an injury

Andrew Gold on Personal Jurisdiction in the Internet Age: What Does a Website Have to Do to Constitute Minimum Contacts Sufficient to Establish Jurisdiction?

Andrew M. Gold — Thu, 10 Sep 2009 17:08:07 GMT

In Andys Music, Inc. v. Andys Music, Inc. , an Alabama plaintiff argued that the mere fact that the defendant had a website accessible via the internet in Alabama was sufficient to establish personal jurisdiction against it. A court disagreed. So, what does constitute minimum contacts in the age of

John K. Rabiej on Discovery of Employee Privileged Communications Sent or Stored Using Employer's Computer System

John K. Rabiej — Thu, 10 Sep 2009 16:19:03 GMT

In this Emerging Issues Analysis, John K. Rabiej, Chief of the Rules Committee Support Office of the Administrative Office of the United States Courts, reports that courts have developed an analytical framework to determine whether an employee’s expectation of privacy in workplace e-mails is r

Kentucky Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fifth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 16:08:32 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Kentucky that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that "Kentucky currently utilizes the AMA Guides, Fifth Edition. Various statutory provisions ordinar

Iowa Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fifth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 16:03:40 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Iowa that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that “Iowa Admin. Code r. 876-2.4 has been amended to read: The Guides to the Evaluation of Permanent Im

Colorado Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Third Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 15:57:27 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Colorado that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that “Some workers never fully recover from their work-related injuries. In such cases, when a worke

Arkansas Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Fourth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 01 Sep 2009 01:13:39 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Arkansas that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that "pursuant to Ark. Code Ann. § 11-9-522(g)(1)(A), the Workers' Compensation Commission is ch

Thomas A. Robinson on Premises Owners Immunity From Tort Actions Filed by Injured Employees of Subcontractors: Entergy Gulf States, Inc. v. Summers

Thomas A. Robinson — Sat, 26 Jul 2008 21:51:43 GMT

Thomas A. Robinson notes that virtually all states have “statutory employer” (sometimes referred to as “contractor-under”) statutes that make general contractors liable for workers’ compensation benefits for the employees of subcontractors, usually conditioned upon the

Thomas A. Robinson on Logging on Farm as Not "Agricultural" Activity Exempt From Workers' Compensation Coverage: Commonwealth v. Gussler

Thomas A. Robinson — Tue, 19 May 2009 16:38:59 GMT

Particularly in its early years, workers' compensation law was an industrial phenomenon. It sprang from factory conditions in the first few decades of the Twentieth Century, and for many years, a majority of states exempted farm labor from the protective coverage of their workers' compensation acts.

Jesse N. Rosen on AMA Guides, Spinal Impairment, and First Reported Calif. Workers' Compensation Cases

Jesse N. Rosen — Fri, 15 May 2009 12:14:58 GMT

Ch. 15 of the AMA Guides , 5th Edition, details the methods of assessing Whole Person Impairment (WPI) for spinal injury. It sets forth detailed instructions and methods of determining spinal WPI. Two methods of evaluating spinal WPI are provided: DRE (Diagnosis Related Estimate) and ROM (Range of

California's 2009 E-Discovery Laws: Text and Analysis

Paul R. Kiesel & Steven N. Williams — Tue, 21 Jul 2009 21:21:01 GMT

In this Emerging Issues Analysis, Paul R. Kiesel and Steve Williams report that California's new Electronic Discovery Act, effective June 29, 2009, makes comprehensive changes in California law relating to e-discovery. This commentary includes an analysis by these two authors who helped write the Ac

Arizona Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment – Sixth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Mon, 31 Aug 2009 16:49:27 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from Arizona that interpret the AMA Guides to the Evaluation of Permanent Impairment. Robinson initially explains that the Arizona “Workers' Compensation Act divides permanent disabilities into two broad categories:

Thomas A. Robinson on Carrier Payment for Gastric Bypass Surgery "Associated" With Treatment for Knee Injury: Sprague v. SAIF Corp.

Thomas A. Robinson — Tue, 19 May 2009 16:22:41 GMT

On April 23, 2007, Duke University published a study of its own employees, which found that gaining too much weight is not only bad for an employee's waistline; when it comes to the employer or carrier's workers' compensation expenses, it is bad for the employer's bottom line. The Duke University Me

Ann Allott on Grassley Amendment Allowing E-Verify for Existing Employees

Ann Allott — Fri, 31 Jul 2009 09:21:06 GMT

E-Verify, an Internet-based system operated by the Department of Homeland Services in cooperation with the Social Security Administration, allows an employer to electronically verify employment eligibility of new hires, thus deterring the employment of unauthorized workers. This free screening

Thomas A. Robinson on Employee Misconduct and Workers' Compensation: Brackett v. Focus Hope, Inc.

Thomas A. Robinson — Tue, 19 May 2009 16:15:43 GMT

Thomas A. Robinson notes that cases involving statutory misconduct are relatively rare. One reason is that only about one-third of American jurisdictions have such disqualifying statutes. Even within those jurisdictions, because Commissions and courts are reluctant to order a disqualification for a

California Noteworthy Cases Interpreting the AMA Guides to the Evaluation of Permanent Impairment - Fifth Edition

LexisNexis Occupational Injuries & Illnesses Staff — Fri, 28 Aug 2009 12:24:04 GMT

In this Emerging Issues Analysis, Thomas A. Robinson analyzes noteworthy cases from California that interpret the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition. Robinson initially explains that California adopted the AMA Guides as follows: “Cal. Lab. Code § 4660(b)(1

David Bryan Leonard on Calif. Doctrine of Fair Procedure and Admission to Medical Networks in Workers' Comp Context: Palm Medical Group v. SCIF

David Bryan Leonard — Fri, 15 May 2009 16:57:54 GMT

This article analyzes Palm Medical Group, Inc. v. State Compensation Insurance Fund, 161 Cal. App. 4th 206 (Cal. App. 1st Dist. 2008) , in which the California Court of Appeal for the First Appellate District ruled that the State Compensation Insurance Fund (SCIF) owed a plaintiff a duty of fair pr

Richard C. Kissiah on 2008 Significant Changes in Georgia Workers' Compensation Law

Richard C Kissiah — Fri, 15 May 2009 16:53:02 GMT

A number of changes have recently been made in Georgia workers' compensation law. Some of the changes were effectuated by changes in the Georgia Workers' Compensation Act by the General Assembly that were signed into law by the Governor. Other changes were effectuated by the State Board of Workers'

Thomas A. Robinson on Ability of Claimant to Assign Disability Benefits to Third Party: Cross v. Capital Transaction Group, Inc.

Thomas A. Robinson — Tue, 19 May 2009 16:29:52 GMT

Thomas A. Robinson says that we have all seen the television ads: "You need your money and you need it now" or "It's your money, use it now!" The ads target persons who receive periodic payments through an annuity, structured settlement agreement, or the like, and offer the oppor

Denis Paul Juge on Tribal Workers' Compensation Law: Case Study of Coushatta Indian Tribe of Louisiana

Denis Paul Juge — Mon, 13 Apr 2009 00:03:40 GMT

This commentary discusses the unique nature of Indian sovereignty and how the status of sovereign nations has enabled them to establish workers' compensation laws outside of the laws in the states where the tribes are located. The drafting of a workers' compensation law for the Coushatta Tribe of

Robert G. Rassp on Five of the Most Controversial Issues in AMA Guides and California Workers' Compensation Cases

Robert G. Rassp, Esq. — Mon, 11 Feb 2008 18:45:22 GMT

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 measurem

Philip J. Fulton on Permanent and Total Disability Benefits in Ohio: State ex rel. Spohn v. Indus. Comm.

Phil Fulton — Sat, 19 Jul 2008 15:19:53 GMT

Philip J. Fulton examines the case of State ex rel. Spohn v. Indus. Comm., 115 Ohio St. 3d 329, 2007 Ohio 5027 , in which the Ohio Supreme Court upheld the Industrial Commission’s termination of a claimant’s permanent and total disability award because of medical improvement

Thomas A. Robinson on 2008 Year-End State-by-State Survey of Key Workers' Compensation Legislative Changes (June - November 2008)

Thomas A. Robinson — Mon, 13 Apr 2009 00:24:07 GMT

This commentary provides a state-by-state survey of key workers' compensation legislation from June to December 2008. Virtually all state legislatures have closed up shop for the year, their members venturing home for holiday breaks. Its an appropriate time, therefore, to highlight some of the k

Teddy Snyder on Settling a Workers' Compensation Case: Why, When, and How

Teddy Snyder — Mon, 13 Apr 2009 00:14:14 GMT

Unlike liability cases that have to end eventually, a workers' compensation case may continue for as long as the worker lives. After the indemnity value of the case is paid--even if the worker is not treating--if the case has not concluded, the file must remain open for possible additional medical

Teddy Snyder on Preserving Public Benefits: A Settlement Primer

Teddy Snyder — Mon, 13 Apr 2009 00:30:51 GMT

This commentary provides basic information to highlight issues critical to the settlement process. A workers' compensation case typically consists of two components: income replacement, sometimes called indemnity, and medical expense coverage. A disabled worker may also be receiving income

Bourque, Callier, and Lovitch on Issues and Trends in the Regulation of Genetic Testing

Dianne Bourque, Shawneequa Callier, Karen Lovitch — Fri, 01 May 2009 18:07:27 GMT

Genetic tests are available for an estimated 1300 genes, and many more tests are currently in development. Legislators and regulatory agencies, however, have begun to take action to improve industry oversight and to ensure proper safeguards are in place to protect patients. This article exam

Judge David M. Gersten on Right of Workers' Compensation Claimants to Leave Florida and Obtain Treatment From Foreign Physician

Judge David M. Gersten — Mon, 16 Mar 2009 15:00:42 GMT

Judge David M. Gersten discusses AMS Staff Leasing, Inc. v. Arreola, 976 So. 2d 612 ( Fla. 1st DCA 2008), and the right of workers' compensation claimants to leave Florida and obtain treatment from a foreign physician. In AMS Staff Leasing , the First District Court of Appeal determin

Peter Lareau on Employment Law Backgrounder: Financial Crisis and Employment Law

Peter Lareau — Sun, 08 Mar 2009 11:40:05 GMT

The United States is facing an enormous financial crisis. This devastating decline in the nation's economy, and the election of Barack Obama and the strong gains made, generally, by the Democratic Party in national elections foreshadows changes in labor and employment law and a surge in employmen

Darrell VanDeusen and Kelly Hoelzer on The DOL's Final FMLA Regulations

Darrell Van Deusen & Kelly Hoelzer — Tue, 03 Feb 2009 00:47:59 GMT

On November 17, 2008, the United States Department of Labor (DOL) issued highly anticipated revisions to the 1995 regulations interpreting the 15-year-old Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq . The new regulations also clarify the first-ever amendments to the FMLA

Thomas A. Robinson on Company Doctor Exception to Exclusivity

Thomas A. Robinson — Mon, 19 Jan 2009 23:05:05 GMT

The company doctor is the health care professional employed at the factory infirmary, or on call to provide professional first aid, routine medical examinations, immunizations, health screening, and the like. Although the practice has begun to disappear in many locations, historically some employer

Reed Smith LLP on the Potential for Federal Regulation of Insurance in Light of AIG, Inc.'s Financial Collapse

Paul Walker-Bright — Fri, 02 Jan 2009 23:52:10 GMT

The financial collapse of AIG, Inc., one of the world's largest groups of insurance companies, has had and will continue to have significant impacts on the financial services industry, including the regulation of insurance. AIG's difficulties highlight the extent to which insurance has become inter

Thomas A. Robinson on Generalized Anxiety Disorder as Occupational Disease

Thomas A. Robinson — Sat, 13 Dec 2008 02:09:53 GMT

Determining the compensability of so-called "mental-mental" cases—those instances in which a mental (as distinguished from a physical) impact or stimulus results in a mental injury or occupational disease—is among the most challenging issues within the workers' compensation ar

Francis P. Alvarez & Joseph J. Lazzarotti on Workplace Wellness Programs Standards

Francis P. Alvarez & Joseph J. Lazzarotti — Sun, 16 Nov 2008 13:40:16 GMT

Francis P. Alvarez and Joseph J. Lazzarotti of Jacson and Lewis, LLP, highlight three areas under the HIPAA nondiscrimnation regulations that are particularly important to the design and administration of covered wellness programs and provide practical insight to employers about how to comply with

N. Pete Lareau on Lilly Ledbetter Fair Pay Act

Peter Lareau — Thu, 19 Feb 2009 16:22:42 GMT

On January 22, 2009, President Obama signed the Lily Ledbetter Fair Pay Act of 2009. This commentary, written by N. Pete Lareau, after summarizing the facts and holding of the Supreme Court's Ledbetter decision, examines the new law, what it is intended to accomplish, and some practical ramificatio

Dudley C. Rochelle on Religious Discrimination and Religious Accommodations

Dudley C. Rochelle — Tue, 25 Nov 2008 20:15:26 GMT

In 2007, we are beginning to see the results of cases brought by and for these alleged victims of the backlash 9-11. Along with these plaintiffs, other religious believers are filing claims related to religious dress code issues. As the results come in, it appears that the attitude of cou

Ann Allott on Immigration and Customs Enforcement Raids and Employer Sanctions

Ann Allott — Sun, 09 Nov 2008 20:13:03 GMT

Ann Allott on Immigration and Customs Enforcement Raids and Employer Sanctions: In a time of increasing worksite raids to catch employers hiring unauthorized alien workers or not properly verifying employment authorization under the Immigration Reform and Control Act, Ann Allott offers guidance. Ms

Dorinda D. DeScherer on the Rights and Obligations of Returning Service Members

Dorinda D. DeScherer — Sun, 16 Nov 2008 13:27:12 GMT

Federal law guarantees reemployment as well as the restoration of certain tax-favored benefits, such as health care coverage and retirement plan contributions to returning service members. When Johnny comes marching home again from military service, he may be marching straight to his former empl

Jonathan R. Mook on ADA and Hearing Impaired Workers: Bates v. United Parcel Services, Inc.

Jonathan R. Mook — Sun, 09 Nov 2008 20:04:43 GMT

Jonathan R. Mook examines the 9th Circuit decision in Bates v. United Parcel Services, Inc. , a major decision reversing a ruling of the courts panel that UPS had violated the Americans with Disabilities Act (ADA) by excluding hearing-impaired individuals from package-car driver positions. In it

David N. Nissenberg on Loading Dock Safety: Legal Issues Involving Forklifts and Loading and Unloading of Tractor-Trailers

David N. Nissenberg — Sun, 02 Nov 2008 23:59:36 GMT

Loading dock activity can be frenetic, and as a result, workplace accidents involving big rigs often occur during the loading and unloading process. OSHA reports that there are close to 70,000 forklift accidents each year. On average, 100 workers are killed and 20,000 are injured every year in fork

Thomas A. Robinson on Workers' Compensation and the Telecommuter: Wait v. Travelers Indemnity Co.

Thomas A. Robinson — Sun, 02 Nov 2008 23:27:14 GMT

In 2006, approximately 34 million American workers telecommuted to some degree. In a recent Wall Street Journal article, it was reported that at Safeco, a Seattle-based insurer, some 1,500 of its 7,000 employees now work away from corporate offices. Large numbers of employees at IBM, Un

Robert C. Leventhal on NCCI, Inc. v. AIG, Inc.: The Discovery Obligations of Reinsurance Pool Participants

Robert C. (Bob) Leventhal — Sun, 26 Oct 2008 12:05:22 GMT

Robert C. Leventhal, a litigation partner in Foley & Lardner, LLP, where he represents both cedants and reinsurers in reinsurance disputes, discusses a recent federal trial court decision that required a reinsurance pool and its attorney in fact to produce documents that were in the possession

Jonathan R. Mook on Reassignment as an ADA Reasonable Accommodation

Jonathan R. Mook — Sun, 26 Oct 2008 11:22:31 GMT

Jonathan R. Mook, attorney, founding partner with DiMuroGinsberg, P.C., and author of Americans with Disabilities Act: Employee Rights and Employer Obligations and Americans with Disabilities Act: Public Accommodations and Commercial Facilities , examines the Eighth Circuit case of Huber

Thomas A. Robinson on Workers' Compensation and Horseplay: Hilton v. Martin

Thomas A. Robinson — Sun, 19 Oct 2008 19:42:36 GMT

For good or ill, horseplay is a part of the American workplace. Acknowledging that a worker is not always as focused as the machine he or she may manage, that levity has its place on the job, and that human beings are social creatures who release tension, show affection, or bid away idle time

Laughlin, Falbo, Levy & Moresi on Taking the Fear Out of Subrogation (Part Two)

Laughlin, Falbo, Levy & Moresi LLP — Sun, 19 Oct 2008 20:03:13 GMT

Part one of this two-part Expert Commentary discussed conquering “subrophobia” by addressing the “basics” of workers’ compensation subrogation: (1) explaining subrogation terminology, (2) providing guidance on identifying subrogation opportunities, and (3) recommending

Professor Seth J. Chandler on Title I of the Genetic Information Nondiscrimination Act of 2008

Seth Chandler — Sun, 12 Oct 2008 23:16:39 GMT

Many have hailed the newly enacted Genetic Information Nondiscrimination Act of 2008 (GINA) as the first major piece of civil rights legislation of the 21st Century that will foster medical treatment based on genetics by prohibiting “genetic discrimination” on the part of insurers and e

Douglas Richmond on When It Comes to Insurance Regulation, Is Uncle Sam the New Sheriff in Town?

Douglas R. Richmond — Sun, 12 Oct 2008 23:24:53 GMT

Insurance regulation has historically been left to the states. There has long been occasional noise about replacing state regulation with a federal system. Now, the noise over possible federal regulation of insurance is building to a crescendo as a result of H.R. 5840, the Insuranc

Hilary Haycock and Peter Harbage on National Health Insurance Reform Proposals: Comparison of John McCain's and Barack Obama's Plans

Peter Harbage and Hilary Haycock — Mon, 06 Oct 2008 10:14:39 GMT

With 45.7 million Americans without health insurance or access to care, and with health care costs spiraling ever higher for individuals, employers and governments, health care reform has been a major issue throughout the 2008 presidential campaign. Both major parties’ nominees ─ Senator John

Kerri N. Harper on California Supreme Court's Decision on Disability Discrimination: Green v. State of California

Kerri N. Harper — Mon, 06 Oct 2008 10:27:30 GMT

Before the California Court of Appeal for the Fourth Appellate District decided Green v. State of California (Green I), the law had been well-settled that plaintiffs carry the burden of proof on the essential elements of claims they assert in litigation. The Green I court decided othe

Thomas A. Robinson on Workers' Compensation Dual Person Exception to Exclusivity: Peterson v. Industrial Door Co.

Thomas A. Robinson — Sun, 28 Sep 2008 13:11:22 GMT

At its core, workers compensation differs significantly from tort litigation. As Arthur Larson has written, tort litigation is an adversary contest to right a wrong between the contestants; workers compensation is a system, not a contest, to supply security to injured workers and distribute the cos

Laughlin, Falbo, Levy & Moresi on Taking the Fear Out of Subrogation (Part One)

Laughlin, Falbo, Levy & Moresi LLP — Sun, 28 Sep 2008 13:18:43 GMT

One of the more mysterious and confusing concepts in the handling of workers compensation claims is subrogation. Each time subrogation rears its head, the claims examiner must venture beyond the relatively familiar territory of workers compensation into the unknown realm of third party fault and da

Dan D. Kohane on Liberty Mutual Insurance Company v. The Insurance Company of the State of Pennsylvania

Dan D. Kohane — Sun, 28 Sep 2008 12:44:28 GMT

What will be the order of insurance coverage in a construction accident lawsuit where there are primary, co-primary and excess policies? For the practitioner, understanding the order of coverage among primary and excess policies is critically important. In Liberty Mutual Ins

Sonnenschein Nath & Rosenthal, LLP on Bad Faith & Summary Judgment in Iowa

William T. Barker and Robert C. Johnson — Sun, 28 Sep 2008 12:35:41 GMT

Under the bad faith law in most jurisdictions, it is often possible to show that a bad faith claim fails as a matter of law. Even though some facts may be in dispute, the disputed facts are often immaterial to whether the insurer’s conduct met the requirements of the law or, if that condu

Jonathan Mook on Individual Liability Under Disability Discrimination Laws

Jonathan R. Mook — Sun, 28 Sep 2008 12:55:06 GMT

Jonathan Mook on How to Evaluate ADA Claims: ADA Checklist

Jonathan R. Mook — Sun, 07 Sep 2008 11:33:59 GMT

Determining whether the ADA applies to a particular client's situation requires a number of complicated factual and legal analyses. Jonathan Mook, author of two legal treatises on the Americans with Disabilities Act: ADA: Employee Rights and Employer Obligations and ADA: Public Acc

Peter Harbage, Hilary Haycock and Michael Odeh on California Healthcare Reform: Legislation in 2008

Peter Harbage and Hilary Haycock — Sun, 07 Sep 2008 11:17:58 GMT

With comprehensive healthcare reform failing a key legislative vote in January 2008, California policymakers are now energized to achieve specific healthcare reform goals in 2008, despite also struggling with a significant state budget deficit. In this commentary, Peter Harbage, Hilary Hayc

Thomas A. Robinson on Workers' Compensation Bunkhouse Rule: Vaught v. State of Calif.

Thomas A. Robinson — Wed, 03 Sep 2008 01:37:53 GMT

The bunkhouse rule--the doctrine that broadens the ordinary course and scope of ones employment so as to include injuries occurring when the employee may be off-the-clock, but living in employer-provided housing--is sometimes dismissed as a throwback to an early era of isolated logging and mining c

Ann Allott on Arizona and Illinois Laws (and Lawsuits) on Undocumented Workers

Ann Allott — Wed, 03 Sep 2008 01:56:44 GMT

On July 2, 2007, Arizona Governor Janet Napolitano (D) signed the Legal Arizona Workers Act, which prohibits employers from knowingly or intentionally hiring undocumented workers and attaches criminal penalties. It requires all employers to use what used to be called the Basic Pilot Program -- now

Laughlin, Falbo, Levy & Moresi, LLP, on Protecting Privileged Information in the Claims File

Laughlin, Falbo, Levy & Moresi LLP — Wed, 03 Sep 2008 01:47:53 GMT

This Expert Commentary, authored by Laughlin, Falbo, Levy & Moresi LLP, one of the largest firms in the country specializing in California Workers' Compensation Defense, examines the tool most often used by attorneys to obtain claims information -- the deposition subpoena -- and ways to re

Judge David M. Gersten on Asserting Intentional Tort Claims Against an Employer in Florida: Jones v. Martin Electronics

Judge David M. Gersten — Mon, 25 Aug 2008 22:28:46 GMT

The workers’ compensation system provides employees with limited medical and wage loss benefits, without regard to fault, for losses resulting from workplace injuries. In turn, section 440.11(1), Florida Statutes, gives the employer immunity from liability for their negligent conduct that cau

McDonnell on Illinois Supreme Court Ruling on Employer Waiver of Lien in Third Party Recovery: Gallagher v. Lenart

Joseph B. McDonnell — Mon, 25 Aug 2008 22:17:10 GMT

The Illinois Supreme Court resorted to elementary principles of contract law in determining whether an employer, who had obtained from its employee a release “in full and final settlement of all claims under the Workers’ Compensation Act,” had waived its statutory lien by failing

James M. Stone and Nicole M. Monachino on Ohio Supreme Court Decision to Limit Workers' Compensation Retaliation Claims

James M. Stone and Nicole M. Monachino — Mon, 25 Aug 2008 22:11:20 GMT

In a major victory for employers, the Supreme Court of Ohio narrowed the number of claims and potential recovery for employees who are terminated while receiving workers compensation benefits. Mr. Stone and Ms. Monachino explain that in Bickers v. W. & S. Life Ins. Co ., 116 Ohio St. 3d 351, 2

Laughlin, Falbo, Levy & Moresi, LLP, on Returning Injured Employees to Work Under California Labor Code Sections 4658 and 4658.6: Incentive or Trap?

Laughlin, Falbo, Levy & Moresi LLP — Mon, 25 Aug 2008 22:05:03 GMT

Winston Churchill once said, “However beautiful the strategy, you should occasionally look at the results.” While it may still be too early to tell for sure, it does seem unfortunate that Mr. Churchill did not have the opportunity to impart this sagacious tidbit to the authors of Califo

Thomas A. Robinson on Death Benefits for Partners in Civil Union: Langan v. State Farm

Thomas A. Robinson — Mon, 25 Aug 2008 21:56:29 GMT

In a recent case of first impression, Matter of Langan v. State Farm Fire & Casualty, 2007 N.Y. App. Div. LEXIS 13242 (December 27, 2007), a New York a state appellate court was faced with a highly charged issue: does the surviving member or partner of a state sanctioned civil union have stand

Jeffrey E. Thomas on Emerging Issues for Terrorism Insurance

Jeffrey E Thomas — Mon, 18 Aug 2008 01:24:56 GMT

The federal Terrorism Risk Insurance Program Reauthorization Act of 2007 became law on December 26, 2007. It extended the Terrorism Risk Insurance Act (“TRIA”) through the end of 2014 and made other changes to the Act. In this commentary, Associate Dean Jeffrey E. Thomas of the U

Professor Kent Sinclair on Civil Actions for Assault or Wrongful Death in Virginia: Hilton v. Martin

Kent Sinclair — Mon, 18 Aug 2008 01:12:42 GMT

In its recent decision in Hilton v. Martin , 275 Va. 176, 654 S.E.2d 571 (2008), the Supreme Court of Virginia revisited one of the classic issues in civil tort litigation in Virginia -- the question whether the "exclusive remedy" provision of the Virginia Workers' Compensation Act precl

David Kizer on California Workers' Compensation Apportionment After SB 899

David Allen Kizer — Mon, 18 Aug 2008 00:46:34 GMT

Apportionment is defined for purposes of workers' compensation as "the separating out of the part or parts of a disability or condition that are the result of an industrial injury fromthe part or parts of the disability or condition that are the result of other industrial or non-industrial inj

Thomas A. Robinson on Illegal Aliens & Workers' Compensation: Curiel v. Environmental Mgmt Svcs

Thomas A. Robinson — Mon, 18 Aug 2008 00:57:27 GMT

Few issues these days have the power to monopolize/polarize the political discussion like that of illegal immigration. Should millions, if not billions, of dollars be allocated to build a wall to separate “us” from “them?” Should driver’s licenses be availa

Laughlin, Falbo, Levy & Moresi, LLP, on California Subrogation Strategies

Laughlin, Falbo, Levy & Moresi LLP — Mon, 18 Aug 2008 00:51:13 GMT

The rising value of workers’ compensation benefits received by injured employees, coupled with the increasing reluctance of civil juries to award significant damages in personal injury actions, has resulted in a growing number of situations in which the injured employee either declines to pur

Joseph B. McDonnell on Sale of Lien Rights in Illinois Workers' Compensation: Evans v. Doherty Construction

Joseph B. McDonnell — Mon, 18 Aug 2008 00:18:31 GMT

An employee who is injured in a work-related accident has the right under Sec. 5(b) of the Illinois Workers' Compensation Act to sue a third party who may be legally liable for damages. If a recovery is made against that third party, either by suit or settlement, the employee is required to re

Jonathan R. Mook on Telecommuting as an ADA Reasonable Accommodation

Jonathan R. Mook — Mon, 11 Aug 2008 02:03:29 GMT

Must an employer permit disabled employees to work from home or telecommute? In the past, Mr. Mook explains, the courts generally have not viewed telecommuting as a reasonable accommodation required by either the Americans with Disabilities Act or the 1973 Rehabilitation Act. However, the tide

Laughlin, Falbo, Levy & Moresi on Reasonable Accommodation Under AB 2222: California's Version of the ADA

Laughlin, Falbo, Levy & Moresi LLP — Mon, 11 Aug 2008 01:37:53 GMT

California employers need to be warned about the dangers presented by AB 2222 – California's version of the Americans with Disabilities Act (" ADA "). The vast majority of disability discrimination lawsuits filed in California allege failure by employers

Thomas A. Robinson on Recent Workers' Compensation Case Involving First Responders: Gambardella v. Browning

Thomas A. Robinson — Mon, 11 Aug 2008 01:47:42 GMT

In the aftermath of the September 11 terrorist attacks and the anthrax scares that followed soon thereafter, Congress and a number of state legislatures enacted legislation granting special status, benefits, and financing in favor of many so-called “first responders”—those police

Jesse N. Rosen on Time to Raise or Risk Waiver of Issues in California Workers' Compensation

Jesse N. Rosen — Mon, 11 Aug 2008 01:42:03 GMT

When are issues finalized for trial in a California workers' compensation case? Does a party to a workers' compensation proceeding waive an issue if it is not raised at the MSC? Or, as long as an issue is raised by the start of trial, is waiver avoided? Parties frequently

Merle C. Rabine on Recent California WCAB Panel Decisions: Stipulations, Commutation, and Commercial Traveler

Merle C Rabine — Mon, 11 Aug 2008 01:53:18 GMT

This expert commentary examines four recent panel decisions issued by the California Workers' Compensation Appeals Board involving parties bound by trial stipulations despite later claims that the stipulations were not accurate, a commutation of a 100% award to allow applicant to purchase a rental

Peter Harbage and Hilary Haycock on California Healthcare Reform: How State Politics and Ideology Derailed California Healthcare Reform

Peter Harbage and Hilary Haycock — Sun, 10 Aug 2008 20:45:31 GMT

This extensive commentary explains the substance and history of California ’s ambitious but now stalled attempts at comprehensive health reform legislation. The legislation started with great promise but ended in ideological and political stalemate in the State Senate. Although

Vernon R. Sumwalt on North Carolina Misrepresentation in Contract of Employment: Freeman v. Rothrock

Vernon R Sumwalt — Sun, 03 Aug 2008 11:05:22 GMT

In Freeman v. Rothrock, 657 S.E.2d 389 (2008), 2008 N.C. App. LEXIS 430, a majority of the North Carolina Court of Appeals announced that an employee’s misrepresentations in an application for employment rendered the subsequent employment contract—and also the employer-employee relati

Thomas A. Robinson on 2008 Mid-Year State-by-State Survey of Key Workers' Compensation Legislative Changes

Thomas A. Robinson — Sun, 03 Aug 2008 10:59:11 GMT

Thomas A. Robinson reviews some of the key legislative changes affecting workers' compensation law that have occurred between January and May 2008. Probably the hottest topic relates to abuses and perceived abuses in the misclassification of employees as independent contractors.

David Kizer on Cumulative Trauma in California Workers' Compensation Cases: What Is It and How to Address It

David Allen Kizer — Sun, 03 Aug 2008 10:49:16 GMT

Cumulative injury is one of the most difficult concepts for physicians in the workers’ compensation field. This expert commentary, written by David Kizer, discusses how physicians must often address the long term harmful effects of work exposure to the psyche, the back and internal organ

Merle C. Rabine on Spinal Treatment Modalities: Calif. WCAB Panel Decisions in Sepeda and Barrera

Merle C Rabine — Sun, 03 Aug 2008 10:31:50 GMT

A recent piece in The New York Times reports a study in the Journal of the American Medical Association that found an increase in spending on spinal treatments to $86 billion in 2005, 65% higher than it was in 1997, with no evidence of improvement in health status. It quotes one of t

Laughlin, Falbo, Levy & Moresi, LLP, on a Mean Lien Fighting Machine and California Workers' Compensation

Laughlin, Falbo, Levy & Moresi LLP — Sun, 03 Aug 2008 11:15:05 GMT

Liens are usually the last issues addressed in a workers' compensation case. Liens, however, are not and should not be treated as an afterthought. With proper preparation, the defense can do far better than the run-of-the-mill settlement for a large portion of the lien value. Thou

Melissa C. Brown on Discrimination Due to Apportionment to Age and Gender-Related Conditions: Vaira v. WCAB

Melissa C. Brown — Sat, 26 Jul 2008 22:40:56 GMT

This expert commentary by Melissa C. Brown analyzes the unpublished California Court of Appeal decision in Vaira v. Workers' Comp. App. Bd. (2007) 72 Cal. Comp. Cas. 1586 , which held that any apportionment of a workers’ compensation award to age or gender, per se , is a viola

Vernon R. Sumwalt on Enforceability of NC Deputy Commissioner Opinions and Awards During Appeal to Full Commission: Roberts v. Dixie News, Inc.

Vernon R Sumwalt — Sat, 26 Jul 2008 22:29:55 GMT

Vernon R. Sumwalt has written an expert commentary article on Roberts v. Dixie News, Inc. , 658 S.E.2d 684 (2008), 2008 N.C. App. LEXIS 654, in which the North Carolina Court of Appeals held that a decision by a deputy commissioner is enforceable during an appeal, even though it is appealed

Jerome Schreibstein on FEHA and California Workers' Compensation

Jerome Schreibstein — Sat, 26 Jul 2008 22:18:38 GMT

Jerome Schreibstein has written an expert commentary discussing the importance of FEHA to California workers' compensation attorneys. In the post-SB 899 environment, many California applicants’ attorneys are seeking sources of compensation for their injured clients in addition

Stuart D. Colburn on Texas Medical Reimbursement Policies and Guidelines: Rules 134.1, 134.2, 134.203, and 134.204

Stuart D. Colburn — Sat, 26 Jul 2008 22:36:59 GMT

© Copyrighted 2008 by Downs Stanford, PC. All rights reserved. Reprinted with permission. Stuart D. Colburn notes that the Division has published the adoption of the aforementioned rules [Rules 134.1, 134.2, 134.203, 134.204] which required one-hundred seventy-six pages to justify.&n

Merle C. Rabine on Apportionment to Factors of Disability That Were Also Factors of Causation of Surgery

Merle C Rabine — Sat, 26 Jul 2008 22:02:28 GMT

Merle C. Rabine's expert commentary examines two recent panel decisions - Sanjoro v. Motion Picture and Television Fund , 2007 Cal. Wrk. Comp. P.D. LEXIS 34 , and Sallay v. Macy’s West , 2007 Cal. Wrk. Comp. P.D. LEXIS 16 - that address the issue of apportionmen

Vernon R. Sumwalt on North Carolina Evaluation of Fringe Benefits in Employee’s Average Weekly Wage: Shaw v. U.S. Airways, Inc.

Vernon R Sumwalt — Sat, 19 Jul 2008 15:46:45 GMT

Vernon R. Sumwalt asks: Which employee “earns” more at work? The one who gets $10.00 an hour? Or the one who gets $10.00 an hour plus an additional 6% in quantifiable contributions made by the employer into a retirement account, and to which the employee is 100% vested at the

Thomas A. Robinson on Employee Fraud (False Statements): Obregon v. Industrial Comm’n of Ariz.

Thomas A. Robinson — Sat, 19 Jul 2008 15:28:24 GMT

Thomas A. Robinson writes that significant attention has been given to the problem of employee fraud within the workers’ compensation context. Dishonest practices not only add to the overall cost of maintaining a workers’ compensation program for employers, they increase the

Stuart Colburn on Texas Performance Based Oversight Initiatives Rule 180.19

Stuart D. Colburn — Sat, 19 Jul 2008 15:08:30 GMT

Stuart Colburn examines the Texas Depart of Insurance, Division of Workers' Compensation's adopted rules for Performance Based Oversight (PBO). The Division has already issued its “Report Cards” grading insurance carriers and medical providers without the benefit, or lim

Merle C. Rabine on California WCAB Panel Decisions on Sanctions, Underground Regulations, and State Disability Benefits

Merle C Rabine — Sat, 19 Jul 2008 14:48:33 GMT

Merle C. Rabine examines four recent panel decisions of the California Workers' Compensation Appeals Board on the following topics: Sanctions on Reconsideration : Deza v. The Home Depot 2008 Cal. Wrk. Comp. P.D. LEXIS 228 ; Nuno v. Carniceria La Mejor 2008 Cal. Wrk. Comp. P.D

Paul B. Howell on Mississippi Supreme Court Explores Compensability of Murder Case: Total Transportation Inc. v. Shores

Paul B. Howell — Sat, 19 Jul 2008 15:38:02 GMT

Paul B. Howell notes that the backroads of Wyoming are an unlikely setting for one of the most significant Mississippi Workers’ Compensation cases to address the compensability of an injury due to the willful act of a third person. It was 2:00 a.m. on a cold dark, night in La

Denis Paul Juge on Preferred Provider Organization Litigation in Louisiana Subject Matter Jurisdiction: "How to Fit a Round Peg into a Square Hole"

Denis Paul Juge — Sun, 13 Jul 2008 13:29:19 GMT

Denis Paul Juge's previous Expert Commentary on "Status of PPO Litigation in Louisiana: What’s the Problem?" gave a general overview of the litigation in Louisiana involving the claim of medical providers that their fees for the treatment of injured workers were improperly

Stuart D. Colburn on Texas Health Facility Fees: Rules 134.403 and 134.404

Stuart D. Colburn — Sun, 13 Jul 2008 13:55:26 GMT

Stuart D. Colburn's Expert Commentary discusses the Texas Division of Workers' Compensation amendments to the Hospital Inpatient Fee Guidelines and creation of new Hospital Outpatient Fee Guidelines. The two fee guidelines significantly increase reimbursement rates for hospitals; allow specif

Stephen C. Embry on Occupational Disease Law in Connecticut: Deschenes v. Transco Inc.

Stephen C Embry — Sun, 13 Jul 2008 13:42:06 GMT

We are all familiar with the story of Solomon, who faced with the claims of two women for the custody of a baby ordered that the baby be split in half and a proportionate share be given to each claimant. One of the women, presumably the true mother, withdrew her claim so that the baby might be spar

Merle C. Rabine on California WCAB Panel Decisions Regarding Apportionment, Preexisting Impairment, Third Party Settlements, QME Reports

Merle C Rabine — Sun, 13 Jul 2008 12:56:05 GMT

Merle C. Rabine examines the recent California Workers' Compensation Appeals Board panel decisions Odle v. Heintschel Plastering, Inc. 2007 Cal. Wrk. Comp. P.D. LEXIS 226, Anzevino v. Subsequent Injuries Fund 2008 Cal. Wrk. Comp. P.D. LEXIS 2, Lacentra v. Cal State Hayward 2008 Cal. Wrk. Comp

Thomas A. Robinson on Florida Guns in the Workplace Act

Thomas A. Robinson — Sun, 13 Jul 2008 12:37:41 GMT

It is axiomatic that the number of workplace violence incidents has increased dramatically during the past few decades. As part of their response to this escalation of violence, many employers have adopted policies that prohibit employees and others from bringing guns and other weapons onto t

Jesse N. Rosen on California Temporary Disability Limitation and Multiple Injuries: Foster v. Workers' Comp. App .Bd.

Jesse N. Rosen — Sun, 13 Jul 2008 13:06:15 GMT

When does 2 + 2 = 2? The new math of SB 899 in California might well create such a result for entitlement to temporary disability benefits when a person suffers multiple injuries. In Foster v. Workers' Comp. App. Bd. (2008) 161 Cal. App. 4th 1505, 73 Cal. Comp. Cas.

Reid L. Steinfeld on Interpreter Fees in California Workers' Compensation Cases

Reid L. Steinfeld — Wed, 28 May 2008 15:01:49 GMT

This expert commentary written by Reid L. Steinfeld discusses California statutes, regulations, and case law describing specific situations in which an interpreter may accompany an applicant and be paid, generally by the defendant's claims administrator. This commentary also discusses interpreters'

Thomas A. Robinson on Misclassification of Employees as Independent Contractors and Deliberate Avoidance of Employment Relationships

Thomas A. Robinson — Tue, 06 May 2008 18:37:43 GMT

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 e

Vernon R. Sumwalt on the Physician-Patient Privilege in Workers' Compensation Cases Since the Enactment of N.C. Gen. Stat. Sec. 97-25.6

Vernon R Sumwalt — Mon, 10 Mar 2008 21:29:24 GMT

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 ha

Stephen C. Embry on Managed Care Is No Care: Connecticut's Medical Fee Schedule and the Medicare Resource Based Relative Value Scale

Stephen C Embry — Fri, 29 Feb 2008 00:29:05 GMT

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

Claude S. Munday, Ph.D., on Issues in Apportionment in Psychiatric Cases and California Workers' Compensation

Claude S. Munday, Ph.D — Fri, 29 Feb 2008 15:54:04 GMT

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 exper

Thomas A. Robinson on Recent Workers' Compensation Cases Involving Retaliatory Discharge Claims: Wrongful Demotion; Discharge As Not a "Change in Condition"

Thomas A. Robinson — Mon, 11 Feb 2008 18:41:29 GMT

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 a

Dr. Jennifer Christian on ACOEM's New Work Disability Prevention Guideline

Jennifer Christian, M.D. — Tue, 29 Jan 2008 16:42:30 GMT

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 &

Paul L. Salafia On NH Statutory Changes Re Employees v. Independent Contractor

Paul L. Salafia — Sun, 16 Dec 2007 21:09:01 GMT

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,

Peter M. Sweeny on Wainwright v. Newport News

Peter M. Sweeny — Sun, 16 Dec 2007 21:25:51 GMT

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 re

Merle C. Rabine on CA WCAB Panel Decisions Re Overlap, Refusal of Medical Treatment

Merle C Rabine — Sun, 16 Dec 2007 21:20:26 GMT

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&rsquo

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

Thomas A. Robinson — Tue, 20 Nov 2007 15:22:18 GMT

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 intri

Levine on Medical Specialists in Workers' Compensation, California Implications

Steven E. Levine, M.D. — Wed, 07 Nov 2007 22:26:06 GMT

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. Le

Richard C. Kissiah on Significant 2007-2008 Changes in Georgia Workers' Compensation Law

Richard C Kissiah — Sun, 28 Oct 2007 23:06:02 GMT

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 b

Levy on War Hazards Compensation Act for Overseas Injured Civilian Employees

Roger A Levy — Sun, 28 Oct 2007 21:58:27 GMT

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 i

Rassp on Affirming Fuentes Rule for Permanent Disability Indemnity Calculation

Robert G. Rassp, Esq. — Sun, 28 Oct 2007 12:42:07 GMT

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 subsequen

Doug McCoy on the Elimination of Second Injury Funds: Protecting Our Freedom, No Protection at Home

Doug McCoy — Wed, 24 Oct 2007 23:53:47 GMT

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

Embry on Crossing the Jensen Line and Coppola v. Logistec Connecticut, Inc.

Stephen C Embry — Wed, 24 Oct 2007 11:18:07 GMT

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 n

Vernon R. Sumwalt on Proving Causation of Work-Related Medical Conditions

Vernon R Sumwalt — Wed, 24 Oct 2007 23:18:49 GMT

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 workers’ compensation cases over the past several years. In L

Denis Paul Juge on Status of the Preferred Provider Organization Litigation in Louisiana: What's The Problem?

Denis Paul Juge — Wed, 24 Oct 2007 22:25:40 GMT

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, wri

Levy on Applying Defense Base Act to Civilian Employees Injured Overseas

Roger A Levy — Wed, 10 Oct 2007 14:50:41 GMT

Merle C. Rabine on CA WCAB Panel Decisions Re DFEC, Outpatient Surgery Centers

Merle C Rabine — Wed, 03 Oct 2007 11:25:58 GMT

James Ponzio on the California Supreme Court Affirming the Fuentes Rule for the Calculation of Permanent Disability Indemnity

James Ponzio — Tue, 18 Sep 2007 11:41:55 GMT

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

Doug McCoy on the Closing of the Georgia Subsequent Injury Trust Fund

Doug McCoy — Fri, 14 Sep 2007 16:15:27 GMT

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, an