LexisNexis Workers' Compensation: Workers' Compensation

Fraud Awareness Month November 2009

Fraud Awareness Month November 2009 — Tue, 03 Nov 2009 09:57:35 GMT

Welcome! We've designed this resource center to help you locate materials on Workers’ Compensation Fraud, here on the LexisNexis Workers' Compensation Law Center, the Internet, and lexis.com. Please be sure to check back often for new updates to the resou

Calif. WCAB En Banc Decision Confirms Mandatory Procedures for Requests for Spine Surgery

Goldman, Magdalin & Krikes, LLP — Mon, 23 Nov 2009 18:45:02 GMT

In the matter of Jesus Cervantes v. El Aguila Food Products, Inc, filed November 19, 2009, in an en banc decision the WCAB has held that the procedures and timelines covering requests for and objections to a treating physician's recommendation for spinal surgery must strictly conform with Lab

Civilian Defense Worker's Suicide in Iraq Not Caused by Post-Traumatic Stress Disorder

Thomas A. Robinson — Sun, 22 Nov 2009 22:42:34 GMT

Decedent, who worked for a defense contractor in Iraq, committed suicide. His widow sought benefits under the Defense Base Act (42 U.S.C.S. § 1651, et seq ., which, in turn, is an extension of the Longshore and Harbor Worker's Compensation Act, 33 U.S.C.S. § 901, et seq. ), c

Texas Division of Workers’ Compensation Quarterly Carrier Meeting 10/22/2009

Stuart D. Colburn — Mon, 16 Nov 2009 23:54:19 GMT

On October 22, 2009, the TDI- Division of Workers’ Compensation held its Quarterly Carrier Meeting at the central offices of the Division in Austin, Texas. Opening remarks were presented by Ron Bordelon, the Commissioner of the Division of Workers’ Compensation.

Iowa Court Issues Another Opinion on Timeliness of Notice to Employer – Is There Any Notice Defense Left?

H. Edwin Detlie — Thu, 12 Mar 2009 12:48:24 GMT

In Bridge v. Karr Tuckpointing , issued March 11, 2009, the Iowa Court of Appeals reversed the Iowa Workers’ Compensation Commissioner, and held that the employee gave his employer timely notice, even though he did not submit the notice within the 90 days required under the State stat

A Close Encounter With A Table Saw – Alternative WPI Ratings Post-Almaraz-Guzman II

Robert G. Rassp, Esq. — Tue, 13 Oct 2009 21:40:54 GMT

The following is a real-life example of how to figure out a WPI rating. Strict rating: 15% WPI (see below) Alternative rating method A: Add rating for functional impairment (grip loss) with rating for anatomic loss (15% WPI from strict rating). Alternative rating method B:

The Dreaded Rule 30

Robert G. Rassp, Esq. — Tue, 25 Aug 2009 22:23:40 GMT

Most California workers compensation attorneys and judges are not aware of it yet. Of those who are aware, applicant attorneys love it and defense attorneys dread it. What is “it?” “It” is Title 8 California Code of Regulations, section 30 . Specifically, sub-sectio

LexisNexis Top Blog of the Year Workers Compensation and Workplace Issues - 2009

Top Blog of the Year 2009 - Workers Compensation — Thu, 12 Nov 2009 11:52:16 GMT

The LexisNexis Workers’ Compensation Law Center is pleased to announce our selection for Top Blog of the Year 2009. To be sure, it was a tough decision to make, what with so many excellent blogs to consider in our Top 25 Blogs 2009 list. We appreciate all of the feedback

Interview of Dennis Jay, Executive Director of Coalition Against Insurance Fraud, on Fraud Investigation - Issues and Challenges

Fraud Awareness Month Interview — Mon, 09 Nov 2009 11:20:33 GMT

As part of our Fraud Awareness Month campaign, we interviewed Dennis Jay, the Executive Director at the Coalition Against Insurance Fraud , on recent issues and challenges with respect to fraud investigation, including workers’ compensation fraud. Be sure to check out Dennis Jay’s

CWCI Industry Scorecard Examines Job Injury Claims by Professional/Clerical Workers

California Workers' Compensation Institute — Thu, 19 Nov 2009 15:25:10 GMT

The California Workers’ Compensation Institute has issued a new “Industry Score Card,” the second in a new research series that looks at claims experience within key sectors of the California economy. The new Score Card provides detailed data derived from 361,384 work inju

Cal. Comp. Cases November Advanced Postings 11/19/2009

California Compensation Cases Staff — Thu, 19 Nov 2009 15:53:47 GMT

Here's the fourth batch of advanced postings for the November 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. City of San Diego, PSI, Petitioner v. Workers' Compensation Appeals Board, Sandra Smullen, Respondents, 74 Cal. Comp. Cases ***, 2009 C

California Lawmakers Shift More Regulatory Costs onto Employers

California Workers' Compensation Institute — Fri, 20 Nov 2009 13:45:04 GMT

The California Department of Industrial Relations (DIR) has calculated the 2010 assessments that state law requires workers’ compensation insurers collect from policyholders to cover the budget of the state Division of Workers’ Compensation (DWC), as well as five related programs mandat

Low Cost Health Care Imaging Solutions for Workers’ Compensation Insurance

Andrew J. Barile — Wed, 18 Nov 2009 12:33:52 GMT

For chief executive officers of workers’ compensation insurance companies, very little has been known about how radiology services management companies offer low cost health care imaging solutions for workers’ compensation insurance. For one, all of the services companies are private co

California W.C.A.B. Disapproves of Prior Brasher Procedure for Second Surgical Objections

Richard M. Jacobsmeyer — Fri, 20 Nov 2009 00:29:33 GMT

The W.C.A.B. has issued an en banc decision which substantially disapproves of and reverses its prior decision in Brasher v. Nationwide Studio Fund (2006) 71 Cal.Comp.Cases 1282 regarding objections to treating physician’s request for Spinal Surgery pursuant to Labor Code § 4062 (

Workers' Comp Fraud Blotter 11/20/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 20 Nov 2009 00:02:16 GMT

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, and convictions. Worke

Death of Private Eye Investigating Workers’ Comp Fraud Not Found Compensable

Thomas A. Robinson — Mon, 16 Nov 2009 02:01:17 GMT

Anderson worked for Veracity Research, investigating workers' compensation claimants who were suspected of fraud. He was killed in a one-car accident on July 19, 2003. He was survived by his wife and two minor children. His family sought workers' compensation death benefits. The Divis

California Appeals Court Requires Disparate Treatment to Support Labor Code § 132a Award

Richard M. Jacobsmeyer — Sun, 15 Nov 2009 12:58:50 GMT

The Second District Court of Appeals has reversed a W.C.A.B. award of benefits under Labor Code § 132a holding the W.C.A.B. did not apply the correct standard enunciated by the California Supreme Court in Dept of Rehabilitation v W.C.A.B. (Lauher) . The factual issues in Gelson’s

Anthony Van Gorp on “How to Prevent Fraudulent Workers' Compensation Claims” (Podcast Transcript)

Anthony Van Gorp — Thu, 19 Nov 2009 08:21:38 GMT

The following podcast transcript is the second in a series of four webcasts on “Risk Management Strategies in a Weak Economy”, hosted by Arthur J. Gallagher Risk Management Services. To listen to the podcast for free, go to http://www.workerscompkit.com/gallagher/mp3/ . ©

Workers' Comp Fraud Blotter 11/13/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 13 Nov 2009 00:05:52 GMT

Working Nights Weighs-in on Health Care Reform

Circadian Age, Inc. dba Working Nights — Thu, 12 Nov 2009 11:16:05 GMT

Circadian Age, Inc. – ‘ Working Nights ’ – a company dedicated to helping shift workers and their families adjust to their unique lifestyles, is concerned with making sure that any health care reform will benefit the 25 million Americans working shifts. These workers r

LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2009 Honorees

Top 25 Blogs 2009 — Tue, 20 Oct 2009 12:38:19 GMT

The LexisNexis Workers' Compensation Law Center has selected its 2009 honorees for the Top 25 Blogs for Workers' Compensation and Workplace Issues . Congratulations to all the honorees! We thank our community members and Larson's National Workers' Compensation Advisory Boa

Is Independence Self-Evident?

Kevin L. Connors — Wed, 11 Nov 2009 22:43:44 GMT

How many times, whether in the last year or over the course of your tenure as a savvy workers’ compensation practitioner, have you received a Claim Petition, alleging a work-related injury occurring in the alleged course and scope of employment, against an insured, who then proceeds to tell y

Iowa: Medical Benefits Ordered for Petition Filed Nine Years After the Injury

H. Edwin Detlie — Fri, 13 Nov 2009 00:26:08 GMT

In Robertson/Star Building v. Coohey , filed November 12, 2009, the Iowa Court of Appeals found that a Petition for medical care for a 1996 work injury was not barred by the statute of limitations. Citing section 85.26 (2) of the Iowa Code, the Iowa Court of Appeals allowed the injured worker to

LexisNexis Podcast of Margaret DiBianca on Implications of Social Networking, Technology and Employment Law on Workers’ Compensation (Transcript)

Margaret M. DiBianca — Fri, 13 Nov 2009 16:44:03 GMT

LexisNexis Podcast of Margaret DiBianca on Implications of Social Networking, Technology and Employment Law on Workers’ Compensation February 2009 Interview Conducted by Steve Berstler, Esq. On this edition Margaret DiBianca of Young, Conaway, Stargatt & Taylor of Wilmington, De

EAMS Blogs Reference Page

EAMS Blogs — Sun, 23 Aug 2009 12:18:32 GMT

Welcome to the EAMS Blogs Reference Page, which is designed to help you find specific topics, statutes, and regulations referenced in the blogs written by Judge Colleen Casey and Judge Robert Norton. Feedback and comments can be sent to Robin.E.Kobayashi@lexisnexis.com . Table of Contents

A New Twist on Going and Coming Rule: Employee Injured During Commute on Temporary Assignment Out of State

Thomas A. Robinson — Sun, 08 Nov 2009 14:02:09 GMT

West and three other employees at an Ohio Lukjan plant were sent to North Carolina on a one-week temporary assignment, to assist with the training of the NC Lukjan employees and to complete production runs at the NC Lukjan plant. Prior to the trip, West had been on several similar weeklong

Big on Health, Light on Reform

Joseph Paduda — Wed, 11 Nov 2009 02:43:45 GMT

Paraphrasing Sen Ron Wyden (D OR) produces the most accurate soundbite description of the House' health reform bill. Is this the best we can do? If the answer is yes, we're in deeper trouble than even I thought. I'm really disappointed with the Republicans. They are supposed to be the bu

6.2 Million Reasons to Implement a Proactive Workers’ Compensation Return to Work Program

Margaret Spence — Sun, 11 Oct 2009 14:00:08 GMT

Employers are so focused on managing workers compensation injuries that they often forget that the injury itself is the gateway to employment litigation. Until now, employers have systematically overlooked and downplayed the link between the Americans with Disabilities Act (ADA) and workers compensa

Calif. Workers' Compensation: Earnings and Temporary Disability: Old Conundrums, New Complications

Howard Stevens — Thu, 05 Nov 2009 12:51:15 GMT

In 2006 the Fifth District Court of Appeal expressed the opinion that the calculation of the temporary disability benefit was “a fairly simple calculation.” Signature Fruit v. WCAB (2006) 71 CCC 1044 . We commented shortly thereafter that “Obviously these justices never had to

Workers' Comp Fraud Blotter 11/6/2009 - Recent Arrests, Charges, Convictions & Investigations

LexisNexis Workers' Comp Fraud Team — Fri, 06 Nov 2009 00:01:42 GMT

EAMS and the QME Process

Colleen Casey — Mon, 09 Nov 2009 21:06:04 GMT

Most people are surprised to learn that the DWC Medical Unit is not yet integrated with EAMS. Because of that, here are some special considerations practitioners need to know in order to effectively communicate with the Medical Unit. In addition, the DWC issued new QME regulations on February 17, 20

Featured Blogger - Molly DiBianca: Risks for Employers Who Use Facebook to Investigate Employee Fraud

Margaret M. DiBianca — Mon, 25 May 2009 00:29:38 GMT

In light of the recent increase in the number of employers who use the internet to research potential job candidates , it is only logical that more and more employers will begin to use the internet to monitor current employees , as well. For example, an employer may suspect that

AMA Guides, Sixth Edition Arrive on the Scene

Todd D. McFarren — Thu, 18 Dec 2008 19:30:52 GMT

The use of impairment and the eclipse of disability is a dangerous trend for injured workers. The current trend in the large majority of workers’ compensation jurisdictions in the United States is towards adopting The AMA Guides for the Evaluation of Permanent Impairment as the gat

Employer Fraud in Workers’ Compensation – Just How Significant Is It?

Leonard T. Jernigan, Jr. — Mon, 25 May 2009 00:41:18 GMT

Introduction If there is one topic that unifies all parties involved in workers' compensation, that topic is the desire to eliminate fraud. Whether it is created by the employer/insurance company or the employee, there is no place for fraud in the system and legitimate efforts to elimina

Almaraz-Guzman II WCAB En Banc Decision: Providing a WPI That Is the Most Accurate Reflection of the Impairment

Steven D. Feinberg, M.D. — Sun, 27 Sep 2009 10:48:40 GMT

After receiving input from many sources, I have updated my Almaraz-Guzman II Advice to Physicians as follows: Dear Colleague: On September 3, 2009, the WCAB provided Almaraz-Guzman II. This article will discuss how the AME/QME/Treating physician might respond when queried about Almaraz-Guzma

Cal. Comp. Cases November Advanced Postings 11/11/2009

California Compensation Cases Staff — Wed, 11 Nov 2009 14:42:34 GMT

Here’s the third batch of advanced postings for the November 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. Ronald Clevidence, Petitioner v. Workers' Compensation Appeals Board, Petsmart, Inc., Travelers Property Casualty Company, Responden

The Real Diehl: Repairing Impairment

Kevin L. Connors — Fri, 21 Aug 2009 01:52:23 GMT

About a year ago, the Pennsylvania Workers’ Compensation community was turned on its head when the Commonwealth Court issued its initial opinion in Diehl v. WCAB (IA Construction Liberty Mutual Insurance) . That opinion shocked compensation practitioners in the course of eviscerating the i

Workplace Incident Data: Fact or Fiction?

John Astad — Mon, 02 Nov 2009 21:30:34 GMT

It’s been an interesting path taking the leap from writing an occasional guest column in the local newspaper to blogging, where all of sudden there is a global audience. Yet even though readers are out there searching the web for useful content, a Blogger never knows if their writing has any

When Do Misrepresentations by Injured Workers Cut Off Workers' Compensation Benefits?

Larson's Spotlight — Thu, 05 Nov 2009 11:18:09 GMT

Workers’ compensation is harsher on fraud than in civil cases. Civil cases use a balancing test, i.e., how bad is the misrepresentation versus the claim, whereas in workers’ compensation, it is an absolute. The following discussion of workers’ compensation fraud was excerpted fro

Comp Cost Escalation in California; No Answer in Sight

Joseph Paduda — Mon, 29 Jun 2009 10:19:26 GMT

There are two key takeaways from the WCIRB report on California's work comp costs (as reported by workcompcentral.com). Medical costs are rising fast, and managed care costs are rising much faster. Medical expenses climbed 7.9% last year, led by a ten percent increase in hospital expenses.

The Recovery Is Coming - What Does That Mean for Work Comp?

Joseph Paduda — Tue, 18 Aug 2009 23:38:58 GMT

Work comp is affected by several factors, but none are as significant as the economy. After over a year of horrible news, things look to be slowly getting better. As activity picks up, we can expect the comp industry to start breathing again. Last week the index of leading economic indicator

The Administration's Drug Deal - Implications for Work Comp

Joseph Paduda — Fri, 07 Aug 2009 22:11:07 GMT

Today's NYTimes confirms that the deal struck by big PHARMA and the Administration over drug costs is set in stone; the White House confirmed that they will not go back to drug companies and ask for concessions beyond the $80 billion already promised. House Speaker Nancy Pelosi (D CA) has sai

Reforming Health Care Without Busting the Budget

Joseph Paduda — Wed, 22 Oct 2008 11:20:31 GMT

Comprehensive health reform will not happen in the near future. There is no money. There are lots of other priorities - financial stability, huge and growing deficits, energy, wars in two countries, nuclear proliferation and tax policy. There's just no money, and not much b

Health Reform and Workers Comp - The View From IAIABC

Joseph Paduda — Tue, 06 Oct 2009 22:49:19 GMT

Reform - whether it happens this year, in ten years, in one big change or a series of smaller steps - is going to have a big impact on workers comp. That's the takeaway from one of the sessions yesterday morning at IAIABC's annual conference. Greg Krohm, Director of IAIABC, Dr. Dan Juniga, Me

Workers Comp Impairment Ratings

Joseph Paduda — Mon, 11 May 2009 13:36:20 GMT

Chris Brigham, MD, senior editor of the AMA Guides to the Evaluation of Permanent Impairment (the Guides), had the coveted post-lunch speaking slot at last week's NCCI meeting on Thursday. For those not conversant with this issue, the Guides are used in workers comp to determine when, and how much

Unilateral Suspension of Benefits by Employers Attacked in Virginia

Peter M. Sweeny — Sun, 25 Oct 2009 12:39:44 GMT

The Virginia practice whereby employers seeking to terminate ongoing benefits unilaterally suspend those benefits in advance of a hearing on the merits is being challenged in three cases currently before the Virginia Workers’ Compensation Commission. The current practice There is no

New Research Guides on Return-to-Work and Participatory Ergonomics Programs (Free of Charge)

Institute for Work & Health — Thu, 05 Nov 2009 13:46:03 GMT

The Institute for Work & Health (IWH) has produced two guides, free of charge, which you may find useful. One is a return-to-work guide, and the other offers direction on setting up participatory ergonomics programs. These guides are available at www.iwh.on.ca Both guides are based o

Obesity Costs in Workers’ Compensation Claims

Stuart D. Colburn — Tue, 03 Nov 2009 21:44:44 GMT

Commentators suggest rising obesity rates increase workers’ compensation costs. Obesity may now directly increase workers’ compensation costs if more states require carriers to pay for weight loss surgery. According to recent government statistics, 34% of all Americans are obes

A Tale of Two Med Claims: Delaware IAB Utilization Review Appeal Number #2 is now in!

Cassandra Roberts — Mon, 02 Nov 2009 12:42:30 GMT

Last week the IAB released the decision in Francisco Irizarry v. Christiana Care Health Services , IAB # 1294065 (10/14/09) reversing a UR decision below, in which Dr. Peter Bandera charges that were denied on UR were deemed to have been withheld wrongfully. This case is very i

California Workers' Compensation Cases Roundup 11/4/2009

California Compensation Cases Staff — Wed, 04 Nov 2009 11:47:37 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 10 October 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensation

The Downside of Denial: A California Perspective

Howard Stevens — Tue, 14 Jul 2009 13:24:11 GMT

There is an old joke where the schoolboy is asked to use “denial” in a sentence and he responds, “Denial is a river in Egypt.” In Workers’ Compensation, the denial is definitely not a river, but if not properly timed and exercised, a denial can leave the adjuster with

The COLA Wars

Howard Stevens — Tue, 22 Sep 2009 21:01:43 GMT

A great deal of confusion and litigious contention has predictably arisen over the application of the so-called COLA (Cost of Living Adjustment) application to life pension cases and 100% permanent total disability cases with dates of injury after January 1, 2003. Currently, cases are making their

Almaraz and Ogilvie II New Limits on Creative PD Determinations

Howard Stevens — Tue, 22 Sep 2009 21:08:24 GMT

In a rare process, the WCAB en banc has reconsidered its own holdings in Mario Almaraz and Joyce Guzman v WCAB , and Wanda Ogilvie v City and County of San Francisco , seminal cases which significantly liberalized the Permanent Disability rating process placed into effect with the passage of

Almaraz and Ogilvie II New Limits on Creative PD Determinations

Howard Stevens — Tue, 22 Sep 2009 20:23:59 GMT

Cal. Comp. Cases November Advanced Postings 11/5/2009

California Compensation Cases Staff — Thu, 05 Nov 2009 13:57:28 GMT

Here’s the second batch of advanced postings for the November 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. City of Santa Ana , PSI v. W.C.A.B., Mark R. Nichols 74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS

Uninsured Employer Unable to Seek Contribution/Indemnity From Third Party in Wrongful Death Action

Thomas A. Robinson — Mon, 02 Nov 2009 01:14:01 GMT

An employer purchased a used posthole digger for use in its operations. While using the posthole digger and tractor to do fencing work, an employee became entangled in the auger blade and died as a result of his injuries. When the employee's widow sought workers' compensation benefits, it

CWCI Launches Scorecard Series Examining California Workers’ Comp Claims Experience by Industry

California Workers' Compensation Institute — Mon, 02 Nov 2009 12:28:08 GMT

The California Workers’ Compensation Institute has initiated a new series of research publications, “California Workers’ Compensation Industry Score Cards,” which use subsets of data from CWCI’s Industry Claims Information System (ICIS) database to measure various aspe

Workers' Comp Fraud Blotter 10/30/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 30 Oct 2009 00:14:27 GMT

Life After Andrepont: The Contentious Issue of Attoney’s Fees in Longshore Cases

Paul B. Howell — Tue, 27 Oct 2009 23:39:28 GMT

One of the most contentious issues under the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C.S. § 901 et seq.) in the last few years concerns the denial of an employer paid attorney fee to a successful claimant’s attorney when the case fails to meet the strict guideline

Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations (Podcast Transcript)

Jonathan R. Mook — Tue, 20 Oct 2009 23:44:05 GMT

LexisNexis Podcast of Jonathan Mook on EEOC’s Notice of Proposed Rules to Amend Current Americans with Disabilities Act Regulations Posted October 20, 2009 Interview Conducted by Steve Berstler On this edition, Jonathan Mook of DiMuro Ginsberg, PC , in Alexandria, Virginia on the

Cal. Comp. Cases November Advanced Postings 10/29/2009

California Compensation Cases Staff — Thu, 29 Oct 2009 14:35:12 GMT

Here’s the first batch of advanced postings for the November 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. Louwana Knoll Petitioner v. Workers' Compensation Appeals Board, State of California/Employment Development Department, legally unin

Delaware Detour and Folic

Delaware Detour and Frolic Law Blog — Wed, 01 Jul 2009 16:07:57 GMT

Delaware Detour and Frolic A workers' comp law blog by Cassandra Roberts ABOUT ME I am a newcomer to the Larson's National Workers' Compensation Advisory Board, but a seasoned workers' compensation practitioner from "The First State." Delaware born

New Version of Sixth Edition to AMA Guides Published

John Kawczynski — Wed, 28 Oct 2009 20:59:16 GMT

Apparently realizing that its 52-page "Clarifications and Corrections" to the 6th Edition of the Guides to the Evaluation of Permanent Impairment was totally unworkable, the American Medical Association has finally taken the step to republish the 6th Edition. Current owners of the

Corporate America, Train Thy Front Line Manager Well on the Ways of Workers' Comp

workerscompensation.com — Thu, 29 Oct 2009 22:56:36 GMT

It is said that a company is only as good as its worst employee. It would stand to reason then, that how a company handles a workers' compensation claim is largely only going to be as good as the skill, knowledge and commitment of the front line manager who initially deals with the situation. A cor

Texas: Workers’ Compensation Research and Evaluation Group Publishes 2009 Workers’ Compensation Network Report

Stuart D. Colburn — Tue, 27 Oct 2009 14:44:52 GMT

The Workers’ Compensation Research and Evaluation Group (WCREG) published its 2009 workers’ compensation network report card results. Average medical costs in networks were once again higher than non-networks. Networks tended to have higher utilization of professional service

Wallyball Injury Found Compensable by Illinois Court

Thomas A. Robinson — Mon, 26 Oct 2009 23:55:51 GMT

The employee worked as a fitness supervisor for a park district that was operating a fitness facility. A coworker asked the employee to participate in a wallyball game (a team sport similar to volleyball, but which is played within the confines of a racquetball court). Although the employee did not

Can an Employer Require a Medical Exam Before They Return an Employee Back to Work Following a Work Related Injury?

Barry S. Pearlman — Wed, 21 Oct 2009 18:19:28 GMT

An often asked question by employers is whether they can require an injured worker following a work-related injury to undergo a medical exam before returning the employee to regular or modified duties. The Ninth Circuit Court of Appeals examined this issue in Indergard v. Georgia P

Baseball and Workers' Compensation

workerscompensation.com — Wed, 28 Oct 2009 11:18:26 GMT

Baseball is the great American pastime and its players are often idolized by their legions of fans. But even the highest paid players are still made of flesh and bones. Professional baseball players are entitled to worker's compensation benefits in the event of an injury which may disable them temp

AMA Guides Resource Center

AMA Guides Resource Center Staff — Sun, 14 Jun 2009 23:05:05 GMT

Welcome! We've designed this resource center to help you locate AMA Guides-related materials, here on the LexisNexis Workers' Compensation Law Center, the Internet, and lexis.com. Please be sure to check back often for new updates to the resource center. TABLE OF CONTENTS Fr

Longshore Act Amended

John Kawczynski — Wed, 28 Oct 2009 21:01:57 GMT

The American Recovery and Reinvestment Act of 2009 (commonly known as the "Stimulus Package")contained a provision that amends §2(3)(F) of the Longshore and Harbor Workers'''' Compensation Act 33 U.S.C. 902(3)(F)). OLD LAW Under the prior law, the following employees were exclu

Injured Women After Reform (iWAR) Seeks to Elect New Calif. Governor, End Discrimination Against Women Injured at Work

iWAR (Injured Women After Reform) — Thu, 22 Oct 2009 22:45:13 GMT

On Thursday, October 8, 2009, women injured at work and women attorneys who are their advocates announced formation of Injured Women After Reform (iWAR), a new political action committee and Internet-based campaign to elect a new governor who will end discrimination against women in the workplace.&

Workers' Comp Fraud Blotter 10/23/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 23 Oct 2009 01:13:29 GMT

Ask the Doctor? - Utilization Review in Delaware

Cassandra Roberts — Tue, 20 Oct 2009 10:59:04 GMT

Today I have the pleasure of hosting guest blogger Michael Owen, Esquire of the Wilmington insurance defense law firm of Chrissinger & Baumberger. Mike and his colleagues have been testing the waters in the wake of the newly-enacted Practice Guidelines and Utilization Review mechan

Presence of Cannabinoids and Opiates in Worker's System is Insufficient to Support Denial of Benefits

Thomas A. Robinson — Mon, 19 Oct 2009 00:15:03 GMT

A recent decision from North Carolina, Moore v. Sullbark Builders, Inc ., 680 S.E.2d 732 (N.C. Ct. App. 2009) illustrates an important rule related to drug testing and workers' compensation claims: the presence of controlled substances in the injured worker's blood stream is generally insuffici

EAMS: Insuring the Right to Privacy

Colleen Casey — Sun, 13 Sep 2009 22:54:44 GMT

The Fifth District Court of Appeal issued an unpublished opinion on July 27, 2007 in the case of City of Turlock v. WCAB , (STK09YYZZZ) (2007) 72 CCC 931 , affirming the decision of the workers’ compensation judge that the injured worker’s hepatitis C was work related. ( Californ

Robert Rassp on Almaraz/Guzman II and Ogilvie II (podcast transcript)

Robert G. Rassp, Esq. — Wed, 16 Sep 2009 04:01:47 GMT

On this edition attorney Robert Rassp will give us his thoughts on the recent decisions by the California Workers’ Compensation Appeals Board and Almaraz/Guzman and Ogilvie dated September 3, 2009. Robert Rassp has practiced workers' compensation and Social Security disabili

California Workers’ Compensation – The Risk of Transferring Risk

Michael Klizer — Sun, 06 Sep 2009 18:58:09 GMT

Depending on the source, California’s $1.727 Trillion economy falls somewhere between the 3rd and 10th largest when compared to all other nations of the world. With a population estimated at nearly 37 Million, the cost of protecting the state’s workforce against industrial accid

Mark Webb on Almaraz/Guzman II and Ogilvie II (Podcast Transcript)

Mark E. Webb — Wed, 16 Sep 2009 00:40:03 GMT

Attorney Mark Webb will give us his thoughts on the recent decisions by the California Workers Compensation Appeals Board on Almaraz/Guzman and Ogilvie dated September 3, 2009. Mark Webb is Vice President for Governmental Relations at Employers Direct Insurance Company. He interact

WCAB Decisions in Almaraz/Guzman II, Ogilvie II

Corey Ingber — Mon, 14 Sep 2009 03:12:16 GMT

The WCAB recently handed down a 51-page, 4-to-3 "split decision" in Almaraz/Guzman II , with the majority of commissioners essentially validating what they did back in February, but with some notable restraints, limiting modifications and even a couple of outright reversals. To ma

NYSIF Introduces State-of-Art Medical Bill Inquiry System

New York State Insurance Fund — Thu, 22 Oct 2009 01:31:10 GMT

The New York State Insurance Fund announced yesterday a state-of-the-art online medical bill inquiry service with the expansion of its electronic Explanation of Benefits (EOB) for doctors treating workers’ compensation injuries covered by NYSIF. In making the announcement, NYSIF Chief

Calif. Practitioners: Don’t Forget to Exhaust All Administrative Remedies Before Appealing

Reid L. Steinfeld — Mon, 19 Oct 2009 21:15:06 GMT

Petition for reconsideration (“Recon”): A legal process to appeal a decision issued by a workers' compensation judge . Heard by the Workers' Compensation Appeals Board Reconsideration Unit, a seven-member, judicial body appointed by the governor and confirmed by the Senate.

Limitation on Compensability of Medical Travel Injuries

Richard M. Jacobsmeyer — Thu, 15 Oct 2009 09:25:31 GMT

The 4th Appellate District (San Diego) has upheld a W.C.A.B. decision that denied benefits to an employee who sustained injury while traveling to a medical appointment where the employee’s route was much longer than the usual trip from home or work to the medical offices. In Esqu

Taneka’s Law Eliminates Ambiguity Over Definition of Personal Relationship as Basis for Denying Workers’ Comp Claim

Mariko Yamada — Mon, 12 Oct 2009 13:33:47 GMT

Today, with the signing of AB 1093, Taneka Talley’s senseless death has a bittersweet epilogue. Justice has been served for the Talley family, and her son should know that a California law in his mother’s name will live on to protect others who might find themselves in suc

Workers' Comp Fraud Blotter 10/16/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 16 Oct 2009 03:13:22 GMT

Prevent Drug Abuse in the Workplace

Safety Services Company — Sun, 11 Oct 2009 16:50:33 GMT

The use of drugs is prevalent in the country. It has penetrated homes, schools, organizations, and even workplaces. Drug abuse cuts across all industries – major and minor – and this causes significant problems. The repercussions in the workplace are not limited to

Just Say No? A Retrospective of a Few Recent Occupational Disease Cases That Ended with an Epidemic of Denials

Cassandra Roberts — Wed, 14 Oct 2009 13:42:07 GMT

In the claimant-friendly jurisdiction of The First State where the standard of compensability is considered decidedly low by practitioners on both sides of the vee, claims for occupational disease stand alone in terms of their complexity, the unforgiving one-year statute of limitations that might s

A Call for Suggestions: Top 25 Blogs for 2009 (COMMENT PERIOD HAS ENDED)

Top 25 Blogs 2009 — Wed, 07 Oct 2009 10:29:45 GMT

Dear Community Members: The time has arrived for the LexisNexis Workers’ Compensation Law Center Staff to make selections for its annual Top 25 Blogs for Workers’ Compensation and Workplace Issues. We want to hear your recommendations. Please logon to your free web center account to

FREE Weekly eNewsletter Alerts - California Edition - Sign Up for Free

Free eNewsletter Alerts - California Edition — Sat, 09 May 2009 10:36:50 GMT

FREE WEEKLY eNEWSLETTER ALERTS - CALIFORNIA EDITION To sign up for free, email Robin.E.Kobayashi@lexisnexis.com to be added to the distribution list. I've started these free eNewsletter alerts to help you find California-related items on the LexisNexis Workers' Compensation Law Center. Y

National Drug-Free Work Week 2009 Resource Center

National Drug Free Work Week 2009 — Fri, 18 Sep 2009 20:09:23 GMT

Welcome to our 2009 National Drug-Free Work Week resource center. We'll be featuring blogs and other resource materials throughout the month of October. This site will be periodically updated so please check back often. BLOGS ON THE FREE WEB What Risk Managers Nee

Cal. Comp. Cases October Advanced Postings 10/16/2009

California Compensation Cases Staff — Fri, 16 Oct 2009 02:23:39 GMT

Here’s the third batch of advanced postings for the October 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. City of Los Angeles (Department of Transportation), PSI, Petitioner v. Workers' Compensation Appeals Board, John Tomkies Respondents

California: Access to EAMS

Colleen Casey — Mon, 01 Jun 2009 14:37:39 GMT

Good news for the workers’ comp community. The EAMS webpage ( www.dwc.ca.gov/eams ) has been redesigned to make the entire site more user-friendly. All instruction pods from “EAMS for beginners” to “Preparing your paper documents for submission” have been reorganized

Employer Fraud in Workers’ Compensation – Just How Significant Is It?

Leonard T. Jernigan, Jr. — Tue, 23 Dec 2008 02:26:23 GMT

Workers' Comp Fraud Blotter 10/9/2009 - Recent Arrests, Charges, Convictions, Investigations

LexisNexis Workers' Comp Fraud Team — Fri, 09 Oct 2009 00:15:31 GMT

Court Awards Permanent Total Disability Benefits to Claimant Working 32 Hours a Week

H. Edwin Detlie — Wed, 07 Oct 2009 17:09:16 GMT

This decision is not as strange as it sounds, but the Iowa Workers’ Compensation Commissioner did find the facts “unusual.” In West Ridge Care Center v. Johnson , so far unpublished, the Iowa Court of Appeals affirmed the decision of the Deputy Commissioner, sitting as Administ

You Can Run, But You Can’t Hide: CIGA’s Liability on Assigned Claims

Reid L. Steinfeld — Wed, 07 Oct 2009 14:09:21 GMT

On September 8, 2009, we published a blog on the LexisNexis Workers’ Compensation Law Center with respect to CIGA’s liability on “assigned” claims. On 10/5/09 the California Court of Appeals, Fifth Appellate District, decided the case of Catholic Health

Almaraz/Guzman II & Ogilvie II Decisions Issued

Richard M. Jacobsmeyer — Mon, 14 Sep 2009 03:16:43 GMT

The W.C.A.B. has issued its anxiously awaited decisions in the ALMARAZ/GUZMAN and OGILVIE cases today, upholding but significantly altering significant portions of ALMARAZ/GUZMAN and essentially upholding its prior decision in Ogilvie with some additional procedural clarifications: ALMARAZ/GUZM

Poizner’s Directive Bears Fruit

Julius Young — Tue, 06 Oct 2009 22:57:37 GMT

One large problem in California workers' comp has been the inability of the WCIRB to accurately assess workers' comp cost trends. The WCIRB (Workers Compensation Insurance Rating Bureau) collects data from insurers and makes recommendations on rates to California 's Insurance Commission

California Workers' Compensation Cases Roundup 10/13/2009

California Compensation Cases Staff — Tue, 13 Oct 2009 00:30:27 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 9 September 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compen

AMA Guide Round-Up: IAB Reviews the AMA Guide Application Issue with Surprising Scrutiny

Cassandra Roberts — Wed, 07 Oct 2009 16:14:39 GMT

The decisions from the Delaware Industrial Accident Board are trickling in, following a previous blog posting (7/2/09) that discussed the Narbor Santos v. Citisteel case, the one in which the Board declined to adopt either the 6th Edition or the 5th Edition of the AMA Guide as their "

National Return to Work Week - Resource Center

National Return to Work Week — Sun, 17 May 2009 11:55:22 GMT

National Return to Work Week - Official Website: See http://www.nationalreturntoworkweek.org/ . Return to Work Blogs by Margaret Spence - Featured Blogger on the LexisNexis Workers' Compensation Law Center: Return to Work Programs

Cal. Comp. Cases October Advanced Postings 10/9/2009

California Compensation Cases Staff — Fri, 09 Oct 2009 09:56:29 GMT

Here’s the second batch of advanced postings for the October 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. Deanna J. Rasmussen, Petitioner v. Workers' Compensation Appeals Board, Vijay K. Garg, M.D., Inc., Preferred Employers Insu

Vermont Workers' Compensation Update July to September 2009

Keith J. Kasper — Mon, 05 Oct 2009 22:04:28 GMT

WC Rule 27, requiring mediation between the parties prior to a formal hearing went into effect on August 31, 2009. This rule generally follows mandatory mediation rules in existence in liability matters in Vermont and is designed to assist in the resolution of claims prior to their reaching a formal

Medicare Secondary Payer - Private Cause of Action

Roy A. Franco — Mon, 05 Oct 2009 17:38:25 GMT

I was recently made aware of a white paper that discusses the private cause of action under the Medicare Secondary Payer Act. This private cause of action exists for the Medicare beneficiary against a Primary Plan that fails to provide for primary payment (or appropriate reimbursement) See 42 US

What Risk Managers Need to Know About Drug and Alcohol Testing Programs

William Judge & Rebecca Shafer — Thu, 01 Oct 2009 00:59:09 GMT

Drug and Alcohol screening is one of the most common risk management weapons in the arsenal of tools to contain workers comp costs; the goal is to hire employees who are capable of performing the job they are hired to do and to prevent losses where you can. Among the tools used are drug, alcohol

Can Snoozing Worker Injured in Company Parking Lot Sue Co-Worker for Negligence?

Thomas A. Robinson — Sun, 04 Oct 2009 12:18:01 GMT

Kulik was employed by Sears and began each work shift at 6:00 a.m. He drove his vehicle to work one day and arrived half an hour before his shift began. He took a "cat nap" in his car while waiting for the shift to begin. As Kulik slept and waited, his car was struck fro

Premier Medical Management Liens May Live On - What This Means for You

Goldman, Magdalin & Krikes, LLP — Thu, 01 Oct 2009 23:41:25 GMT

Despite the September 24, 2009 Order by Judge Mark Khan of the Van Nuys WCAB dismissing lien claims by Premier Medical Management and an extensive list of Premier Medical providers, some providers on the list have challenged the authority of Premier Medical Management to execute a lien dismissal on

Brave New World! Delaware Industrial Accident Board Issues First Decision on an Appeal From Utilization Review

Cassandra Roberts — Fri, 02 Oct 2009 14:57:50 GMT

The moment practitioners have been waiting for has arrived. After months of wondering what an IAB adjudication would look like as it relates to an appeal of the new Utilization Review mechanism for challenging the propriety of medical charges for conformity with the newly-enacted Practice Gui

Workers' Comp Fraud Blotter 10/2/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 02 Oct 2009 00:07:01 GMT

Florida Workers' Compensation Legislative & Regulatory Update (9/17/2009)

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. — Wed, 30 Sep 2009 02:01:15 GMT

With the Annual Workers’ Compensation Educational Conference concluding in August, the Florida workers’ compensation industry (including this newsletter) “gets back to business.” NCCI has made its annual rate filing for workers’ compensation rates for the

Texas Closed Formulary

Stuart D. Colburn — Tue, 29 Sep 2009 00:25:50 GMT

The Texas Division of Workers’ Compensation hosted a stakeholder meeting regarding the closed formulary to discuss two issues: (1) should the “initial fill” rules be subject to retrospective review; and (2) should the new closed formulary rules apply at a date certain or should th

Safety and the Science of Human Behavior

EHS Today — Tue, 29 Sep 2009 22:10:55 GMT

In an interview with EHS Today , leadership expert Dr. Aubrey C. Daniels discussed positive reinforcement, realistic safety goals, incentives and how the science of behavior can impact workplace safety. Daniels, the author of several management books, including Oops! 13 Management Practices

Employer’s Treatment to Worker’s Injured Ankle Did Not Arise Out of Employment; Medical Malpractice Action Can Proceed

Thomas A. Robinson — Mon, 28 Sep 2009 22:21:54 GMT

Bentt was employed as a fellow in pain management in the Department of Anesthesiology at the Georgetown University Hospital. One evening, while attending a banquet on her own time, she experienced some "difficulty" in her left lower ankle while wearing tight shoes

Violence in the Workplace: A Growing Problem in America

Jason Morris — Sun, 27 Sep 2009 10:36:15 GMT

Special Note: This article was originally published by Jason B. Morris in December, 1999. I have recently updated the article with new statistics and have related it to more current issues! Introduction Workplace violence is a daily occupational risk and hazard for many workers in today&rsq

Is the H1N1 Virus Compensable Under Workers’ Compensation?

Christopher J. Boggs — Mon, 14 Sep 2009 00:15:54 GMT

Illnesses and diseases must first arise out of and be in the course and scope of employment before being considered “occupational.” Further, to be compensable, the illness or disease must arise out of or be caused by conditions peculiar to the work. Black lung disease, for ex

Cal. Comp. Cases October Advanced Postings 9/30/2009

California Compensation Cases Staff — Wed, 30 Sep 2009 12:01:42 GMT

Here’s the first batch of advanced postings for the October 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. City of Pasadena (Police Department), PSI, Petitioner v. Workers' Compensation Appeals Board, Anthony Anderson

Workers' Comp Fraud Blotter 9/25/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 25 Sep 2009 01:06:05 GMT

Missouri Reform Shifts Liability in Off-Clock Injuries

Martin Klug — Wed, 23 Sep 2009 19:55:14 GMT

Missouri reform in 2005 narrowed the definition of an accident under worker’s compensation law. Among other changes, 287.020.2 requires that an accident must be caused by a specific event during a single work shift . Claimants arriving early and injured prior to work shifts do not have compe

Update on Texas Division of Workers' Compensation Activities

Stuart D. Colburn — Wed, 16 Sep 2009 23:10:23 GMT

Access to Information This Fall the Division plans to implement an online program allowing stakeholders access to a variety of statistical information regarding the workers’ compensation system without having to file open record requests. Sunset Review The Division of Workers&rsq

WCAB Decisions in Almaraz/Guzman II, Ogilvie II

Corey Ingber — Thu, 10 Sep 2009 19:28:12 GMT

Cal. Comp. Cases September Advanced Postings 9/24/2009

California Compensation Cases Staff — Thu, 24 Sep 2009 12:42:58 GMT

Here’s the fourth batch of advanced postings for the September 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. California Insurance Guarantee Association, administered by Cambridge Integrated Services Group, Inc., on behalf of Fremo

California Insurance Agent and Agency Held Liable For Failure to Procure Workers' Compensation Coverage

Thomas A. Robinson — Tue, 22 Sep 2009 00:26:20 GMT

Plaintiffs opened a new dealership—Rhino Linings of Santa Fe Springs—that sold and installed spray-on linings onto the beds of pickup trucks and other vehicles. When plaintiffs inquired about insurance needs, Rhino USA, the company that sold the dealerships, referred them to Robyn T

Ken Martino on Third-Party Administrators and Workers' Comp Claims (podcast transcript)

Ken Martino — Sun, 20 Sep 2009 12:50:35 GMT

LexisNexis Podcast Ken Martino July 20, 2009 (edited transcript) On this edition, Ken Martino, President and Chief Executive Officer of Broadspire on third-party administrators and workers' compensation claims. Ken Martino is President and Chief Executive Officer of Broadspire, joining

Whatever Happened to Uniformity?

Thomas C. Fitzhugh, III — Tue, 15 Sep 2009 13:19:06 GMT

When the Supreme Court considered the problem of states extending their workers’ compensation statutes to injuries to maritime workers on navigable waters, its overriding concern was that a uniform system apply to maritime workers throughout the country. It is hornbook law that “C

Workers' Comp Fraud Blotter 9/18/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 18 Sep 2009 00:39:33 GMT

Cal. Comp. Cases September Advanced Postings 9/18/2009

California Compensation Cases Staff — Fri, 18 Sep 2009 13:52:51 GMT

Here's the third batch of advanced postings for the September 2009 issue of Cal. Comp. Cases. City of Santa Clara (Police Department), PSI, administered by Cambridge Integrated Services Group, Petitioners v. Workers' Compensation Appeals Board, Fernando Castro (Dec'

Racial Violence and Workers' Compensation: Calif. Assemblymember Mariko Yamada on Her Assembly Bill 1093 - "Taneka's Law"

Mariko Yamada — Mon, 01 Jun 2009 20:44:29 GMT

Taneka Talley, a 26-year-old African-American woman, was stabbed to death while at work in a Dollar Tree Store in Fairfield, California, on the morning of March 29, 2006. She left behind an eight-year-old son, Larry. The convicted killer, Tommy Joe Thompson, who is white

ABA TIPS Task Force on the AMA Guides

AMA Guides Resource Center Staff — Tue, 21 Jul 2009 22:05:16 GMT

In July 2008 the American Bar Association Tort Trial & Insurance Practice Section's Task Force on the AMA Guides met for the first time in Chicago. Since then, it has been actively meeting with representatives from various states, the insurance industry, medical organizations, and

Workers' Comp Fraud Blotter 9/11/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 11 Sep 2009 00:37:38 GMT

Texas 81st Legislative Session Laws Now in Effect

Stuart D. Colburn — Wed, 09 Sep 2009 21:53:35 GMT

The 81st Legislature left Austin after one regular session and one special session. For a number of reasons, the Legislature did not pass the expected number of bills, even bills with bipartisan support. The 81st Legislative Session may well be known for bills that did not pass. A spe

Pentagon Study Proposes Overhaul of Defense Base Act to Cover Care for Injured Contractors

Pro Publica — Tue, 15 Sep 2009 22:48:29 GMT

Congress could save as much as $250 million a year through a sweeping overhaul of the controversial U.S. system to care for civilian contractors injured in war zones, according to a new Pentagon study. In the most extensive review ever of the taxpayer-financed system, the Pentagon suggested that

Almaraz/Guzman II and Ogilvie II - Synopses and Commentary

Goldman, Magdalin & Krikes, LLP — Wed, 16 Sep 2009 01:19:59 GMT

Almaraz v. Environmental Recovery Services; Joyce Guzman v. Milpitas Unified School District, ADJ 1078163/ADJ 3341185 ( Almaraz/Guzman II)( September 3, 2009) In a joint en banc decision, after reconsideration, the WCAB has modified their original 2/3/09 to now hold that (1) the 2005 permanent

California Workers' Compensation Cases Roundup 9/14/2009

California Compensation Cases Staff — Mon, 14 Sep 2009 10:47:15 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 8 August 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensat

Does CIGA Have to Pay Medical Providers When They’re “Assigned” to a Collection Company?

Reid L. Steinfeld — Tue, 08 Sep 2009 15:27:16 GMT

There has been a great deal of litigation as to when CIGA is responsible for payment of benefits after taking over from an insolvent insurer. Now, with a recent panel decision, a question that has arisen is: When a medical provider assigns its rights and title to a collection account, is CIGA respon

Why Workers Comp Is Important

John Gibson — Tue, 08 Sep 2009 17:24:39 GMT

Texas is the only state that doesn't make workers compensation insurance mandatory for at least some employers. This is a shame, because workers' compensation insurance is beneficial to both employees and employers as Sally Spooner, a school teacher, and the Cody School District, her employer, recen

Calif. WCAB Opens Door to AMA Guides Rebuttal – But Is It Worth the Effort?

Richard M. Jacobsmeyer — Mon, 14 Sep 2009 03:15:04 GMT

The Workers’ Compensation Appeals Board on February 3 issued two landmark decisions on rebuttal to the permanent disability rating schedule. These cases, Ogilvie v. City and County of San Francisco and the combined cases of Almaraz v. Environmental Recovery Services and SCIF an

Myths and Misses of Mediators

Insurance Educational Association — Mon, 07 Sep 2009 20:52:17 GMT

Mediation is all the rage in settling claims and lawsuits. What did we do before there were mediators? There was a time, back when dinosaurs ruled the Earth, when insurance claims adjusters and their appointed counsel actually negotiated settlements with claimants and their counsel. It was

Congressman Announces Plan to Reform U.S. System to Care for Injured Civilian Contractors

Pro Publica — Thu, 10 Sep 2009 00:23:23 GMT

Rep. Elijah Cummings, D-Md., said Wednesday that he will introduce legislation later this year to improve the delivery of medical care to civilian contractors injured while working with the military in Iraq and Afghanistan. Cummings declined to provide details about his proposal but said he hope

Cal. Comp. Cases September Advanced Postings 9/11/2009

California Compensation Cases Staff — Fri, 11 Sep 2009 11:04:43 GMT

Here’s the second batch of advanced postings for the September 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. Coca-Cola Enterprises, Inc., PSI, administered by Sedgwick CMS, Petitioners v. Workers' Compensation Appeals Board, Lal Bendanillo

Larson's Spotlight: 9/11 - Terrorist Attacks as Positional Risks

Larson's Spotlight — Fri, 11 Sep 2009 02:09:50 GMT

There could be no more stark example of a neutral or positional risk than the blind destruction wrought by an indiscriminate bombing or terrorist attack. Visions of the destruction wrought by the September 11, 2001 attacks on the Pentagon and World Trade Center as well as the crash t

Pharmaceutical Utilization and Reimbursement in California Workers’ Comp Up Sharply

California Workers' Compensation Institute — Thu, 10 Sep 2009 02:05:11 GMT

Both the average number of prescriptions and total pharmaceutical payments per claim in California workers’ compensation are up sharply since 2002, despite medical reforms and the adoption of a pharmacy fee schedule -- increases that coincide with the growing use and soaring cost of “br

Almaraz/Guzman II & Ogilvie II Decisions Issued

Richard M. Jacobsmeyer — Wed, 09 Sep 2009 12:26:31 GMT

Impact of Employee Free Choice Act on Workers’ Compensation Claims

David E. Mastagni & John Holstedt — Tue, 01 Sep 2009 20:12:25 GMT

The debate over the Employee Free Choice Act of 2009 ( H.R. 1409 ) has largely overlooked the potentially significant effects of this legislation on the Workers’ Compensation arena. The enhanced protections against unfair practices and majority signature provisions of the EFCA will inev

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/8/2009)

Robin E. Kobayashi — Tue, 08 Sep 2009 00:35:03 GMT

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me or post a comment to this blog with your request. If you haven't registered at this site yet, you must do so before yo

Workers' Comp Fraud Blotter 9/4/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 04 Sep 2009 00:41:56 GMT

Kansas High Court Strikes Down Requirement That Injured Workers Make Good-Faith Effort to Find Appropriate Work Following Injuries

Thomas A. Robinson — Wed, 09 Sep 2009 16:42:51 GMT

Bergstrom worked as a production janitor for an employer, a manufacturer of plastic plumbing parts. She began to experience pain in her back after picking up a heavy garbage can. She experienced severe pain the following day and was told to see a nurse practitioner, who prescribed pain

NYSIF Declares First Year of eCHECK a Success!

New York State Insurance Fund — Wed, 09 Sep 2009 15:45:39 GMT

The New York State Insurance Fund announced Friday that in its first year of use, more than 17,000 policyholders paid $52.3 million in premium using NYSIF eCHECK – the free, quick and easy way for policyholders to pay workers' compensation and disability premiums by electronic funds transfer.

California: Current Issues in Spinal Surgery Second Opinion Procedure

Stephen T. Gargaro — Wed, 09 Sep 2009 15:30:54 GMT

Has Sandhagen eliminated the employer’s right to proceed directly with objecting to a treating doctor’s request for spinal surgery and obtaining a spinal surgery second opinion evaluation as allowed for under the Brasher decision, and must the employer now first submit th

Workers' Compensation, Arthritis and Degenerative Disc Disease

Krasno Krasno & Onwudinjo — Wed, 02 Sep 2009 20:39:24 GMT

When a work injury aggravates, reactivates or accelerates your arthritis or degenerative disc disease, you have a right to file for workers' compensation benefits. There is considerable misunderstanding concerning the right of an employee to obtain these benefits for an aggravation of a preexisting

New York Speeds Payments of Guaranteed Awards to Injured Workers

Ronald Balter — Tue, 01 Sep 2009 20:58:50 GMT

In March 2007 the Court of Appeals ruled in LaCroix v. Syracuse Executive Air Service, Inc ., 8 N.Y. 3d 348 (2007) that an award for a permanent partial disability under §§15 (3) (a) through (t) of the Workers' Compensation Law (commonly called a scheduled loss of use award) c

California Self Insureds’ Average Claim Costs Jump as Medical Losses Increase

California Workers' Compensation Institute — Wed, 02 Sep 2009 22:48:11 GMT

Calendar year 2008 data issued by the state Office of Self Insurance Plans (OSIP) last week shows average paid and incurred losses on California workers’ compensation self-insured claim rose sharply last year, led by a big jump in medical payments. The state’s initial summary of 2008

EOBs for WC? Let’s Study It

Dennis Jay — Sun, 30 Aug 2009 19:48:51 GMT

An article in the Los Angeles Times has bemoaned the death of a bill in California that would have required workers comp insurers to send claimants notices of medical services billed to verify they were actually performed. So-called explanation of benefits (EOBs) are routinely used in health i

California: Current Issues in Spinal Surgery Second Opinion Procedure

Stephen T. Gargaro — Tue, 01 Sep 2009 21:07:46 GMT

California EAMS: Notice of Discrepancy

Colleen Casey — Tue, 04 Aug 2009 12:05:57 GMT

The “Notice of Discrepancy” is a new form that has crept into our legal community with the advent of EAMS. Some people are still not familiar with how it works. So let’s look at a hypothetical chronology of when the form might be generated. 4/1/09 &nb

Texas Supreme Court in SORM v. Lawton Decides the 60-Day Waiver Period for Extent of Injury Disputes Does Not Apply

Stuart D. Colburn — Mon, 31 Aug 2009 10:37:13 GMT

In a unanimous decision, the Texas Supreme Court has reversed the Tenth Court of Appeals’ Decision in State Office of Risk Management v. Mary Lawton and pronounced extent of injury disputes are not governed by §409.021 or controlled by the 60 day deadline which pertains to compensa

Offshore Drilling Worker's Tort Claim Against Drilling Company Is Barred by Exclusive Remedy Provisions of the Longshore Act; "Borrowed Servant" Rule Applies

Thomas A. Robinson — Tue, 01 Sep 2009 11:01:50 GMT

Jackson was hired as a mechanic by Producers Assistance Corporation ("PAC"), a company that supplied workers to businesses, including Total E&P USA, Inc. ("Total"), that were engaged in offshore drilling. Jackson was immediately assigned to Total and spent seven m

Workers' Comp Fraud Blotter 8/28/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 28 Aug 2009 01:21:24 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/1/2009)

Robin E. Kobayashi — Tue, 01 Sep 2009 03:05:48 GMT

Cal. Comp. Cases September Advanced Postings 9/2/2009

California Compensation Cases Staff — Wed, 02 Sep 2009 13:53:58 GMT

The first batch of advanced postings for the September 2009 issue of California Compensation Cases is now available on lexis.com. Doreen Corner v. W.C.A.B., Dorado Youth Services, Everest National Insurance, c/o ACCA 74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS 215 Pe

NYSIF Declares First Year of eCHECK a Success!

New York State Insurance Fund — Sun, 30 Aug 2009 16:11:28 GMT

Weiner vs. Ralphs Company – Voc Rehab Takes Another Blow

Goldman, Magdalin & Krikes, LLP — Thu, 27 Aug 2009 12:17:57 GMT

As we all are aware, Labor Code Section 139.5 provided the applicant with rights to vocational rehabilitation. The repeal of 139.5 was effective on January 1, 2009. It terminated any rights to vocational rehabilitation benefits if there was no Order from a Judge issued before Januar

Resolution of Doubt

Stephen C Embry — Thu, 27 Aug 2009 10:09:13 GMT

The Second Circuit recently restated the rules for applying the section 20 presumption to occupational disease cases ( 33 U.S.C.S. § 920 (a) of LHWCA, 33 U.S.C.S. § 901 et seq.). In Stanhope v. United States Department of Labor , No. 07-3560-ag, 310 Fed. Appx. 459, 2009 U.S. A

New Michigan Supreme Court Opinion on Attorney Fees, Peterson vs. Magna Corp.

Gerald (Jerry) Marcinkoski — Wed, 26 Aug 2009 02:43:24 GMT

The Michigan Supreme Court issued a deeply divided opinion in Petersen v Magna Corp on July 31, 2009 (SC Docket Nos. 136542, 136543). A majority - four of the seven Justices would rule that only employers and insurance carriers can be assessed plaintiff’s counsel’s fees on

Texas Performance Based Oversight (PBO) Scores

Stuart D. Colburn — Thu, 27 Aug 2009 11:21:40 GMT

The Division delivered Performance Based Oversight (PBO) scores to the carrier’s Austin representative boxes and mailed a copy to carrier’s home offices. DWC will publish a complete report on its website revealing PBO results on or about August 31, 2009. The Divis

Catastrophic Workplace Accidents: It Could Happen To You

Edwin G. Foulke, Jr. — Sat, 22 Aug 2009 21:06:53 GMT

While the American workplace is safer than ever, hardly a week goes by without a news report concerning a plant explosion, a chemical release or a fatality arising out of a workplace accident. The most recent government data shows that there were approximately 5,500 workplace fatalities in 2007,

Injured Worker Caught Misbehavin’ Online (or: How an Employer Learned to Stop Worrying and Love MySpace)

Robin E. Kobayashi — Sun, 23 Aug 2009 21:22:27 GMT

While employers have legitimate concerns about employees revealing company trade secrets and other confidential work information on MySpace, Facebook, Twitter, etc., employers have also found social media useful for snooping into their employees’ personal lives. Today The Virginian-Pilot

Cal. Comp. Cases August Advanced Postings 8/26/2009

California Compensation Cases Staff — Wed, 26 Aug 2009 11:54:31 GMT

Here's the fourth batch of advanced postings for the August 2009 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below. City of Sausalito, legally uninsured, administered by Innovative Claims Solutions, Petitioner v. Workers' Compensation Appeals Boa

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/25/2009)

Robin E. Kobayashi — Sun, 23 Aug 2009 11:26:22 GMT

The following are recent panel decisions that we're considering for the LexisNexis database of noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please email me directly or post a comment to thi

Tort Claim Fails Under Defense Base Act's Borrowed Servant Rule

Thomas A. Robinson — Sun, 12 Jul 2009 23:15:15 GMT

Research Triangle Institute ("RTI") contracted to rebuild municipal water and sewage facilities in following the 2003 invasion. RTI obtained Ladd's services as a civilian engineer by contract with his direct employer, Chemonics International, Inc. ("Chemonics"). Ladd was serious

Immigrant's Tort Claim for Intentional Injury Filed Against New Jersey Cookie Maker Is Barred by Exclusive Remedy Rule

Thomas A. Robinson — Sat, 22 Aug 2009 15:34:26 GMT

A New Jersey worker, a Vietnamese immigrant who could not speak, read, or understand English, sustained significant injuries when her hand came into contact with a sharp blade inside a biscotti machine at the employer's baking facility. To prevent a hand from entering the area in which the

Workers' Comp Fraud Blotter 8/21/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Fri, 21 Aug 2009 14:17:34 GMT

Bye Bye Brewington

Vernon R Sumwalt — Wed, 19 Aug 2009 23:19:10 GMT

Thanks to the recent decision by the North Carolina Court of Appeals in Cannizzaro v. Food Lion , No. COA08-1381 (N.C. App. filed Aug. 4, 2009), we can say “farewell” to the misinterpretation of Brewington v. Rigsbee Auto Parts , 69 N.C. App. 168 , 316 S.E.2d 336 (1984), by some pr

Avoiding The Ninety-Day Rule: Filing Proper Disputes & Challenging Validity of Impairment Ratings in Texas

Matthew B. Lewis — Wed, 12 Aug 2009 01:08:25 GMT

Over the last year, the Ninety-Day Rule seems to be rearing its ugly head in a large percentage of impairment rating cases. It cuts both ways, against both claimants and carriers, and the effects can be costly. Most of the time, the party that is trying to avoid the Ninety-Day Rule imme

A Rose By Any Other Name – De Novo Means De Novo

Cassandra Roberts — Mon, 17 Aug 2009 23:46:19 GMT

IAB Rules That "De Novo" Means Prior Utilization Review Decision Will Be Kept Out In Medical Bill Appeals Under New Statute The IAB's recent ruling in C. Maude Donovan v. Kent Construction Co., IAB Hearing # 1266167 (7/20/09) (ORDER) resolves an issue that has been looming l

Cal. Comp. Cases August Advanced Postings 8/20/2009

California Compensation Cases Staff — Thu, 20 Aug 2009 00:01:42 GMT

The third batch of advanced postings for the August 2009 issue of California Compensation Cases is now available on lexis.com. Cordova Chemical (Aerojet), Pacific Employers Insurance Company, adjusted by ESIS, Petitioners v. Workers' Compensation Appeals Board, David Roark (Dec'd), Joy

Workers' Compensation Notable People for 2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 11 Jan 2009 21:25:45 GMT

The LexisNexis Workers' Compensation Law Center is pleased to present its list of Workers' Compensation Notable People for 2008 . These exceptional people have worked tirelessly on behalf of their clients and others and have made significant contributions to the worker

Illinois Worker's Smoking Impedes Recovery, But Doesn't Trigger Disqualification of Benefits

Thomas A. Robinson — Sun, 16 Aug 2009 21:44:31 GMT

A worker sustained a work-related injury, remained out of work for a substantial time period, and underwent two rounds of surgery on his back. There was some expert testimony that claimant’s recovery had been hindered by his continued cigarette smoking and at least one physician indicat

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/18/2009)

Robin E. Kobayashi — Tue, 18 Aug 2009 01:08:16 GMT

Uncertainties Created by Medicare Reimbursement Amount Could Lead to Roadblocks to Settlements With Claimants

Roy A. Franco — Thu, 13 Aug 2009 00:30:44 GMT

Dear MARC Supporters: I am writing you to share with you a decision by the U.S. District Court for the Western District of Kentucky. I am concerned that decisions like this will add roadblocks to settlements with Claimants unless we are willing to increase contributions to cover the uncertain

California Workers' Compensation Cases Roundup 8/17/2009

California Compensation Cases Staff — Mon, 17 Aug 2009 02:49:30 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 7 July 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensation Case

Workers' Comp Fraud Blotter 8/15/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Sat, 15 Aug 2009 10:59:37 GMT

Vermont Workers' Comp Newsletter October to December 2008

Keith J. Kasper — Mon, 09 Mar 2009 19:22:23 GMT

The Department now has two full-time hearing Officers. Phyllis Phillips, former Director of the Department of Labor and Industry Workers' Compensation Division is now the Senior Hearing Officer at the Department and will be hearing cases and writing decisions. Hearing Officer Jane Dimotsis wil

Aging Workforce: Older Workers Have Fewer Workplace Injuries But Are Often More Costly to Treat

Insurance Council of Texas — Tue, 11 Aug 2009 14:07:50 GMT

Between 2005 and 2010 the number of workers in the aged 55 to 64 is predicted to increase by 52 percent. With worker maturity comes a new set of risks making it critical for insurance buyers and their representatives to better understand how to help keep these workers safe on the job and, when

Beware of Tender: Offer of Fixed Period of Total Disability May Create Ongoing Entitlement

Cassandra Roberts — Fri, 14 Aug 2009 01:20:07 GMT

Two recent decisions recently released by the Delaware IAB stand equally for the position that the tender to a claimant of an Agreement as to Compensation for a finite period of total disability ("TTD") accompanied by a Final Receipt and payment of one or more TTD checks does not

Are California Providers Entitled to Excess Fees?

Reid L. Steinfeld — Wed, 12 Aug 2009 00:35:57 GMT

Can a provider obtain fees in excess of the fee schedule when the fee schedule is unreasonable? By way of background, the legislature in SB 228 (which was approved in 2003 and became effective in 2004) repealed former Labor Code Section 5307.1 and rewrote it without the express language allowing

Cal. Comp. Cases August Advanced Postings 8/13/2009

California Compensation Cases Staff — Thu, 13 Aug 2009 10:10:22 GMT

The second batch of advanced postings for the August 2009 issue of California Compensation Cases has now been posted to lexis.com. Lexis.com subscribers can link to the cases below. Robert Babcock, Dorothy Babcock, Raeann Diamond v. W.C.A.B., Crown Disposal Company, State Compensation Insurance

New Workplace Worry: 'Textual Harassment'

Richard Meneghello — Mon, 10 Aug 2009 19:34:40 GMT

Text messaging in the workplace has become an increasing source of concern for employers. Much like the emergence of e-mail in the 1990s, the popularity of text messaging among employees in all age ranges has grown significantly in the last several years. And any time a new method of communication

"Scenes We’d Like to See" From WCRI’s Medical Benchmark Studies

Vernon R Sumwalt — Mon, 27 Jul 2009 00:39:43 GMT

This blog entry isn’t going to put a new spin on an old fairy tale, like Mad Magazine once did in its “ Scenes We’d Like to See ” cartoons. Not because a new spin cannot be spun, of course, but rather because workers’ comp has very little in common with fairy t

South Dakota Worker's Late Notice of Injury Is Excused

Thomas A. Robinson — Mon, 10 Aug 2009 19:57:06 GMT

A worker felt a "pop" in his upper back, between his shoulder blades, as he moved a box of siding from one side of the jobsite to the other. He also felt numbness from his upper-left arm down to his fingers. Although he described the pain as "intense," the sensation did no

Iowa Drug Rehab Program Ruled Not Employer of Injured Rehab Resident

H. Edwin Detlie — Thu, 06 Aug 2009 11:20:35 GMT

The Iowa Court of Appeals considered a difficult case, Teen Challenge v. Pauler , where a 44-year-old man who was going through drug treatment was found not to be an employee, while repairing a building to be used by staff members of the program. Teen Challenge is a non-profit organization that re

Research Could Expand the Definition of Asbestos

Joseph W. Belluck — Mon, 03 Aug 2009 10:34:46 GMT

Federal lawmakers should do more to reduce exposure to asbestos fibers and other harmful fibers that lead to asbestos-related disease, a New York attorney says. "We know that asbestos causes cancer," said Joseph W. Belluck, a partner at the New York law firm of Belluck & Fox, LLP,

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/10/2009)

Robin E. Kobayashi — Mon, 10 Aug 2009 02:10:41 GMT

California Post-Sandhagen Panel Decision Raises New Questions About Utilization Review

Reid L. Steinfeld — Tue, 04 Aug 2009 23:02:02 GMT

On June 24, 2009, in a panel decision dealing with utilization review, the California Workers' Compensation Appeals Board in Vasquez v. Colton Unified School DistrictADJ992523(SBR 0278781), decided that the school board's failure to conduct a timely utilization review “renders its argu

Workers' Comp Fraud Blotter 8/6/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Thu, 06 Aug 2009 01:11:52 GMT

Cal. Comp. Cases August Advanced Postings 8/7/2009

California Compensation Cases Staff — Thu, 06 Aug 2009 23:29:13 GMT

Here's the first batch of advanced postings for the August 2009 issue of California Compensation Cases. Lexis.com subscribers with access to Cal. Comp. Cases can link on the cites below to read the full summary of these cases. Owens Illinois, PSI, administered by Gallagher Bassett, Pet

The Chilling Effect of Collateral Estoppel: An Investigative Look Back at the Workers' Compensation File May Put the Plaintiff's Toxic Tort Action on Ice

Craig T. Liljestrand — Fri, 31 Jul 2009 18:19:33 GMT

In a pending toxic tort action, it is not surprising to learn that the plaintiff in the civil action also pursued a workers’ compensation claim against his or her employer for the same injuries and condition. The workers’ compensation file can have a treasure trove of helpful documents,

Texas: Common Certified Workers' Compensation Network Exam Findings

TDI HWCN — Tue, 04 Aug 2009 01:14:12 GMT

The Texas Department of Insurance conducts exams of Certified Workers' Compensation Networks (WCNets) as authorized by TIC §1305.251 . In this article the Health and Workers' Compensation Network (HWCN) wishes to share common errors and omissions discovered in recent exams in order to assist

Max and Erma's Gets a Little Confused

Roland Legal PLLC — Fri, 31 Jul 2009 01:00:27 GMT

In the recent Kentucky Court of Appeals decision of Max and Erma’s v. Lane , designated to be published, employer Max and Erma’s received somewhat of a chiding by the Court for “misinterpreting” and “confusing” the law. The facts were relatively straigh

New Jersey Teacher's Claim for Occupational Asthma Fails Due to Lack of Objective Evidence

Thomas A. Robinson — Thu, 30 Jul 2009 00:13:45 GMT

Thomas was employed by the school system from 1984 until 2000, initially as a substitute teacher and subsequently as a full-time teacher and staff developer. In 1974, at the age of thirty, she developed problems with asthma. From 1974 until 1987, Thomas stated that her asthma "wasn't bad.

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/3/2009)

Robin E. Kobayashi — Mon, 03 Aug 2009 15:40:13 GMT

The following are recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and post a comment to this blog with your request, or email me directly. If you haven't r

Iowa Division of Workers' Compensation No Longer Limits Costs for Physician Reports

H. Edwin Detlie — Fri, 24 Jul 2009 15:40:29 GMT

In an Appeal Decision filed in late July, 2009, Caven v. Deere Dubuque Works , the Iowa Division of Workers’ Compensation rules will no longer be interpreted to limit the award of costs for doctor reports to $150.00. That is potentially a major change. Previously, the agency had a rule a

California EAMS: Coldiron Has Been Codified

Colleen Casey — Thu, 09 Jul 2009 17:24:17 GMT

Using a paperless adjudication system mandates, more than ever, the need to identify all parties and their clients in any given action. The WCAB issued en banc decisions on this issue back in 2002 named, Coldiron v. Compuware Corp (2002) 67 CCC 289 ( Coldiron I ) and 67 CCC 1466 ( Coldir

Plan to Pay Sick Nuclear Workers Unfairly Rejects Many, Doctor Says

Pro Publica — Sat, 01 Aug 2009 11:34:44 GMT

Carla McCabe spent a decade building nuclear bombs at the sprawling Rocky Flats complex near Denver. When she developed a brain tumor and asked for help, federal officials told her that none of the toxic substances used at the top-secret bomb factory could have caused her cancer.

Workers' Comp Fraud Blotter 7/30/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Thu, 30 Jul 2009 01:54:56 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/30/2009)

Robin E. Kobayashi — Thu, 30 Jul 2009 14:26:36 GMT

Workers' Comp Fraud Blotter 7/23/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Thu, 23 Jul 2009 03:52:12 GMT

Workers' Comp Fraud Blotter 7/16/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Thu, 16 Jul 2009 00:36:32 GMT

Workers' Comp Fraud Blotter 7/8/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Thu, 09 Jul 2009 01:29:02 GMT

Workers' Comp Fraud Blotter 7/1/2009 - Recent Arrests, Charges & Convictions

LexisNexis Workers' Comp Fraud Team — Wed, 01 Jul 2009 23:30:06 GMT

Employee or employer fraud – which is the greater problem? Double dippers, false claims, misclassification of workers, and payroll underreporting, are just some of the more common types of fraud we read about in the media and government press releases. But complex insurance fraud schemes,

Cal. Comp. Cases July Advanced Postings 7/29/2009

California Compensation Cases Staff — Wed, 29 Jul 2009 03:17:16 GMT

Here's the fifth batch of advanced postings for the July 2009 issue of Cal. Comp. Cases. Lexis.com subscribers with access to Cal. Comp. Cases can link on the cites below to read the full summary of these cases. Dennis L. Joy, Petitioner v. Workers' Compensation Appeals Board, City of

Report Finds Advantages in Gov’t Takeover of Care for Injured Contractors

Pro Publica — Tue, 28 Jul 2009 23:56:56 GMT

The Congressional Research Service has found that the Defense Department was paying far higher premiums to insure civilians working in war zones than either the State Department or the U.S. Agency for International Development. The insurance is required by the Defense Base Act and provides med

Stress in the Workplace

LexisNexis Occupational Injuries & Illnesses Staff — Tue, 28 Jul 2009 01:25:25 GMT

Historically studies of occupational stress have emphasized physical rather than mental illness. However, it is generally recognized today that stress in the workplace affects psychological and emotional as well as physical functioning. Occupational stress has been associated with depression, anxie

Gone to the Dogs – Idiopathic Fall Defense Fails in Case of Veterinarian Who Collapses During Surgery

Cassandra Roberts — Wed, 22 Jul 2009 18:51:25 GMT

Cases that review the "idiopathic fall" doctrine pop up in Delaware on an occasional basis at best and often present interesting facts. In a recent decision of the Industrial Accident Board, Laci Nash v. Medical Management International , IAB Decision, Hearing No. 1320555

Firefighter Loses Workers' Comp Claim; Attempts to Sue Appeals Officer in Federal Court.

Thomas A. Robinson — Fri, 24 Jul 2009 01:18:22 GMT

Wilson, a Clark County ( Nevada ) firefighter, filed a worker's compensation claim with his employer for prostate cancer. Prior to the filing of Wilson's claim, three other Clark County firefighters filed similar claims for prostate cancer and received c

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/27/2009)

Robin E. Kobayashi — Mon, 27 Jul 2009 03:27:43 GMT

Featured Blogger – Margaret Spence on What Is the Annual Cost of Not Implementing a Return-to-Work Program?

Margaret Spence — Mon, 11 May 2009 23:28:48 GMT

Recently, I met with a client who wanted to reduce the number of injuries at their job site. Instead of focusing on the number of injuries, I asked him to bring the company’s Occupational Safety and Health Administration OSHA 300 log to the meeting so we could calculate their Return to Work Ra

Featured Blogger – Margaret Spence on What Are the Essential Components of a Successful Return-to-Work Program?

Margaret Spence — Mon, 11 May 2009 23:38:02 GMT

A return-to-work program is designed to facilitate the return of injured employees to work as soon as he or she is able to perform meaningful, productive work within the restrictions imposed by the treating physician. Guess what most employers don’t know where to start – here is our blue

Featured Blogger - Margaret Spence on The National Return to Work Week Challenge: Changing Your Perception of Light Duty

Margaret Spence — Sun, 10 May 2009 22:19:42 GMT

Light duty immediately invokes negative feelings for most employers. I have heard countless stories from employers recanting the horrible experiences they have had as they attempted to bring injured employees back to work. I have witnessed the frustration and the surrender that occurs when injured

Featured Blogger – Margaret Spence on Return to Work Programs: An Investment in Injured Workers or a Drain on Corporate Resources?

Margaret Spence — Sun, 10 May 2009 22:02:43 GMT

Imagine if everyone shared your vision of getting ill or injured employees back to work? In today’s tough economy, it may be difficult to sell your company on the benefits of continuing to offer injured employees viable light duty jobs especially if you are considering a layoff. &n

Featured Blogger – Margaret Spence on Physician, Your Return to Work Decision Is Not Clear – Are We on the Same Team?

Margaret Spence — Mon, 11 May 2009 23:31:17 GMT

Dear Dr. X – I really don’t understand the note I received from your office, can the employee come back to work or not? What do you mean he has a five pound lifting restriction – he doesn’t lift anything all day! To listen for free to Margaret Spence's podcast on Na

Got Rating?

Martin Klug — Fri, 17 Jul 2009 00:52:32 GMT

Many states follow the AMA Guides to Evaluation of Permanent Impairment to determine what an employer owes an employee injured on the job. Missouri workers' compensation judges, by contrast, often reject the opinions of experts who rely upon them. There is a difference between impairmen

Iowa Court Awards No Penalty for Failure to Pay While Appeal Is Pending Before the Agency

H. Edwin Detlie — Fri, 24 Jul 2009 11:31:07 GMT

While limiting its ruling to the specific facts of this case, the Iowa Court of Appeals ruled in late July, 2009, that an employer could refuse to pay the ordered award to the injured worker while an appeal is pending. In Millenkamp v. Millenkamp Cattle and Allied Insurance , the

Cal. Comp. Cases July Advanced Postings 7/22/2009

California Compensation Cases Staff — Wed, 22 Jul 2009 22:34:32 GMT

Here's the fourth batch of advanced postings for the July 2009 issue of Cal. Comp. Cases. Goodwill Industries, PSI, c/o Hazelrigg Risk Management, Petitioner v. Workers' Compensation Appeals Board, Yolanda Delgado, Respondents 74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. L

What Evidence Based Medicine Can't Tell Us

LexisNexis Occupational Injuries & Illnesses Staff — Thu, 26 Mar 2009 00:46:16 GMT

Evidence based medicine has been touted as one way to save money in our current health care system. While the concept of evidence based medicine has been around for decades, it has become more known to the public, now that it's part of President Obama's stimulus package. If one looks at all t

Application of the AMA Guidelines in Determining Disability Under the Longshore Act

BRBS Longshore Reporter Staff — Sun, 14 Jun 2009 16:56:12 GMT

In evaluating permanent impairment, practitioners using the Longshore and Harbor Workers' Compensation Act are sometimes confused as to the application of the AMA guides (American Medical Association, Guides to the Evaluation of Permanent Impairments (4th ed. 1993)). That confusion includes a

Iowa Court of Appeals Finds No Agreement to Settle Claim

H. Edwin Detlie — Wed, 22 Jul 2009 11:21:03 GMT

In its opinion in Eaton Corporation v. Branson , filed June 17, 2009, the Iowa Court of Appeals found that the employer was not entitled to specific enforcement of what they claimed was a legally enforceable agreement to settle a claim for a work injury claim. While the self-insured employer a

The Application of the 6th Edition of the AMA Guides to Rating Impairment Under the Longshore Act

BRBS Longshore Reporter Staff — Mon, 20 Jul 2009 22:36:50 GMT

The American Medical Association’s Guides to the Evaluation of Permanent Impairment has now been published in six editions, the latest, sixth edition, having been released in 2007. Those who practice under the LHWCA ( 33 U.S.C.S. § 901 et seq.) are curious as to what role this l

Healthcare Workers, Others, Team Up Behind Safe Patient Handling Bill

Ergoweb Inc. — Mon, 20 Jul 2009 11:44:20 GMT

In May, Democratic United States Representative John Conyers, Jr., who represents Michigan’s 14th District, introduced national legislation for the third time that calls for the safe handling of dependent patients and residents throughout the healthcare system. The broad-based Coalitio

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/21/2009)

Robin E. Kobayashi — Tue, 21 Jul 2009 21:42:10 GMT

Florida Attorney's Fees Statute Denies Injured Workers Procedural Due Process

William J. McCabe — Tue, 14 Jul 2009 03:56:03 GMT

Florida Statutes Section 440.34 (3) has been amended, effective July 1, 2009, to provide an employer/carrier paid fee to a claimant's attorney for the successful prosecution of a claim shall be in an amount equal to the amount provided for in subsection (1), which is based on a percentage of benef

Iowa Supreme Court Finds Permanent Total Disability Award Cannot Be Apportioned

H. Edwin Detlie — Fri, 17 Jul 2009 12:37:16 GMT

In the 1990s and up to 2004, the Iowa Supreme Court had held that an employer might be responsible for the impact of a previous work injury, even if it had happened at another employer. That string of decisions had upset employers, and in 2004, the Iowa General Assembly changed the workers’ c

Oregon Workers' Comp Division Provides Details on AMA 6th Edition Project

AMA Guides Resource Center Staff — Tue, 21 Jul 2009 10:40:42 GMT

The Oregon Workers' Compensation Division gave a presentation of the AMA Guides 6th Edition project at the May 15th meeting of the Medical Advisory Committee. A summary of the meeting notes is set forth below: * * * * * The Di

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/18/2009)

Robin E. Kobayashi — Sat, 18 Jul 2009 14:02:13 GMT

Here are some recent panel decisions issued by the Calif. Workers' Comp. Appeals Board that we're considering for the LexisNexis panel decisions database. If you would like a copy of any of these decisions, please email me or post a comment to this blog with your request. Berthiaume v. City of

Medical Provider's Lien Claim Under Calif. Fee Schedule Detours Into PPO Contract Dispute

Reid L. Steinfeld — Wed, 15 Jul 2009 03:50:07 GMT

The case of Cynthia Gordon v. State Compensation Insurance Fund ADJ 745778 (SRO 0132381) appeared to be simple matter and not any different from other cases before the Appeals Board in which the Lien Claimant felt that it was not adequately paid under the Official Medical Fee Schedule (OMFS), but

The Hand That Giveth vs. The Hand That Taketh Away: The Hypocrisy of Apportionment in Calif. Workers’ Compensation

Mark Vickness — Sat, 04 Jul 2009 12:07:01 GMT

With the California Supreme Court having recently handed down a major decision regarding the calculation of apportionment in workers’ compensation ( Brodie vs. WCAB, (2007) 40 Cal.4th 1313 ) and with Governor Schwarzenegger having recently proclaimed the reforms to the system enacted in 200

Employer Sues for Specific Performance of Settlement Agreement Allegedly Reached Over Telephone

Thomas A. Robinson — Sun, 19 Jul 2009 20:30:32 GMT

Branson, an assembly repair person employed by Eaton for many years, sustained a work-related rupture of the bicep tendon in his right shoulder. Branson underwent shoulder surgery, was out of work for a few weeks, returned first to light duty and later to regular work. Branson's physici

Cal. Comp. Cases July Advanced Postings 7/16/2009

California Compensation Cases Staff — Thu, 16 Jul 2009 14:21:06 GMT

Here's the third batch of advanced postings for the July 2009 issue of Cal. Comp. Cases. Recovery Resources, Inc., Petitioner v. Workers' Compensation Appeals Board, Calistoga Spa, State Compensation Insurance Fund, (Cynthia Gordon), Respondents 74 Cal. Comp. Cases ***, 2009 Cal. Wrk. Com

Louisiana's New Medical Guidelines

Denis Paul Juge — Thu, 09 Jul 2009 00:18:03 GMT

On the very last day of the 2009 legislative session the medical guidelines bill ( SB 303 ) successfully passed both houses and was signed by the Governor on July 1, 2009 (Act No. 254). The legislation was the product of several months of work by the members of the Workers Compensation Advisory Cou

Iowa: When Is an Occupational Disease a Work Injury?

H. Edwin Detlie — Fri, 10 Jul 2009 18:46:18 GMT

For decades, advocates for employers and workers have argued over whether certain conditions were occupational disease or a work injury – for instance, carpal tunnel syndrome. In a case published in July of 2009, in Burress v. IBP the Iowa Supreme Court found brucellosis, which is clearly a

California Vocational Rehabilitation and the Sweet Hereafter – Struggling to Find Meaning Post-Weiner

Robin E. Kobayashi — Sun, 12 Jul 2009 11:09:24 GMT

Does a workers' compensation system that loses its vocational rehabilitation program lose its meaning? In 1965 the California legislature introduced the concept of "vocational rehabilitation" by adopting Labor Code § 139.5. In 1974, the legislature amended Labor Code §

California Workers' Compensation Cases Roundup 7/13/2009

California Compensation Cases Staff — Mon, 13 Jul 2009 03:16:50 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 6 June 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensation Case

Workers' Compensation and the Economic Meltdown: An Interview of Lex K. Larson

Larson's Spotlight — Sun, 05 Jul 2009 18:59:35 GMT

The impact of the economic recession has been felt in all corners of the workers' compensation world, from staff shortages at workers' comp agencies to millions of people losing their jobs, from state legislatures solving budget shortages by attempting to raid workers' comp funds to corporatio

Vermont Workers' Comp Newsletter April to June 2009

Keith J. Kasper — Thu, 09 Jul 2009 00:51:51 GMT

The annual COLA increase this year effective 7/1/09 will be 1.037 with anew maximum rate of $1,092 and a new minimum rate of $364. As a result of new legislation also taking effect July 1, 2009, within 30 days of being presented with a medical bill, Carriers must notify medical providers, with s

Vermont Workers' Comp Newsletter January to March 2009

Keith J. Kasper — Thu, 02 Apr 2009 13:35:16 GMT

S. v. C & S Wholesale Grocers, Inc. Opinion No. 01-09WC (Jan. 9, 2009). Treating physician opinion overcomes that of IME doctor due to lack of evidence of unknown pre-existing trauma causing degenerative arthritis instead of repetitive nature of the job. C. v. Pennock Sales &

2008 Annual Report Illinois Workers Compensation Commission

Brad Bleakney — Wed, 08 Jul 2009 02:07:31 GMT

On June 30, 2009, the Commission released its Annual Report of Operations for 2008 . Highlights indicate that total claims of 57,515 were up slightly 1.5% from previous year totals of 56,685 including both filed claims and pro se settlements. Total claims were down approximately 8% from FY2004

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/9/2009)

Robin E. Kobayashi — Thu, 09 Jul 2009 11:30:42 GMT

Here are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon to your web center account and post a comment to this blog with your request, or email me directly. If you haven't regis

Iowa Commissioner Provides Online Information on Employers’ Work Comp Coverage

H. Edwin Detlie — Wed, 08 Jul 2009 02:18:42 GMT

The Iowa Workers’ Compensation Commissioner’s Office has provided a new tool for attorneys to find the workers’ compensation carrier for any employer as of any recent injury date. The information can be reached by going to http://www.iowaworkforce.org/wc/ncci.htm . Click on the

Recent Significant Developments in Florida Workers' Compensation Law

Robert J. Grace, Jr. and William J. McCabe — Wed, 01 Jul 2009 02:57:53 GMT

In the past year there have been significant developments in case law and legislative amendments to the Florida Workers' Compensation Law. One of the more significant developments involves the issue of employer/carrier paid attorney fees in a case closely followed by virtually all workers' compen

New Data Show California WC Insured Loss & Expense Payments Exceeded Earned Premium in 2008

California Workers' Compensation Institute — Tue, 07 Jul 2009 02:15:19 GMT

California workers’ compensation earned premium fell by $2.3 billion to less than $11 billion last year, while insurers’ loss and expense payments totaled nearly $11.2 billion, resulting in a pretax underwriting loss of $84 million according to a CWCI analysis of the Workers’

Zurich v. Lexington Coal: A Bird in the Hand Is Better Than Two in the Bush – Even in Bankruptcy Court

Roland Legal PLLC — Mon, 06 Jul 2009 23:45:10 GMT

The recent case of Zurich v. Lexington Coal , from a substantive standpoint, involves a Chapter 11 Bankruptcy, but it still might prove instructive for underwriters of workers’ compensation policies. In Zurich v. Lexington Coal , the insurance company sought priority in Bankruptcy Cour

Delaware IAB Again Whittles Down Medical Witness Fee for Live Testimony

Cassandra Roberts — Mon, 06 Jul 2009 23:08:43 GMT

For the second time in as many months, the Delaware Industrial Accident Board has disallowed an application for the statutory maximum medical witness fee allowed under the new regulations enacted May, 2008. Pursuant to a Legal Hearing convened in Larry Smith v. Sun Belt Holding Inc., IAB De

Cal. Comp. Cases July Advanced Postings 7/8/2009

California Compensation Cases Staff — Tue, 07 Jul 2009 23:36:58 GMT

The second batch of advanced postings for the upcoming July 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Injured Worker Tips: A Quick Primer on Florida Workers' Comp Forms

Joseph M. Maus — Fri, 03 Jul 2009 13:18:07 GMT

WORKERS’ COMPENSATION CLAIM FORM There are many workers’ compensation claim forms you will encounter if you get injured at work. While many of the forms may seem confusing, there are four main workers’ compensation claim forms you should become familiar with. Th

The Battle of the Guides in Delaware: IAB Rules on the 5th versus the 6th Edition for Permanency and Skirts the Issue

Cassandra Roberts — Thu, 02 Jul 2009 11:05:39 GMT

In a case under consideration for several months and for which post-trial briefing was requested in October 2008, the Delaware Industrial Accident Board finally ruled that there will be no blanket pronouncement on the use of the 5th versus the 6th Edition of the AMA Guides for the Evaluation

Iowa Farm Worker Injured by Bucking Horse, Benefits Denied

H. Edwin Detlie — Thu, 02 Jul 2009 11:46:07 GMT

In Baker v. Shields, 2009 Iowa Sup. LEXIS 54 , the Iowa Supreme Court chose to protect a farm operation from a work injury claim, for a reason that can only be characterized as tenuous. Mr. Baker was working for Joshua Shields and his father, Barton Shields, on their farms. His job included riding

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/2/2009)

Robin E. Kobayashi — Thu, 02 Jul 2009 13:58:21 GMT

California EAMS Bulk Filing

Colleen Casey — Thu, 12 Feb 2009 18:34:10 GMT

First there were OCR forms. Then e-filing came along to expedite things. Now the Division of Workers’ Compensation (DWC) is developing a new way of using the Electronic Adjudication Management System (EAMS) that will exponentially improve the way workers’ compensation documents are proc

Delaware: New Workers' Compensation Rates Effective June 16, 2009

Cassandra Roberts — Wed, 01 Jul 2009 17:17:53 GMT

On June 16 the Delaware Secretary of Labor announced that the average weekly wage in Delaware for the calendar year 2008 was $916.00. Based on this figure, the maximum weekly workers' compensation rate will be $610.67. The minimum workers' compensation rate will be $203.55.

NYSIF Disability Benefits Policyholders Get Rate Reduction

New York State Insurance Fund — Thu, 02 Jul 2009 11:36:20 GMT

Effective July 1, 2009, the New York State Insurance Fund is reducing the minimum annual premium on disability benefits policies from $100 to $60 for all new and renewing policies. Estimates are that approximately 20,000 NYSIF DB policyholders could see their yearly charge drop the full $40.&nbs

Bartender Struck by Stray Bullet Awarded Compensation Benefits

Thomas A. Robinson — Tue, 30 Jun 2009 01:29:51 GMT

Claimant, a bartender at one of her employer's restaurants, sought workers' compensation benefits for injuries she suffered when she was struck in the back by a stray bullet. The incident occurred near midnight, when claimant was standing at the bar near the front of the employer's premises.&

West Virginia: “Dependents” Who Can Recover Damages Against Employer in Deliberate Intent Action

H. Dill Battle, III — Sun, 28 Jun 2009 23:32:03 GMT

The West Virginia Supreme Court of Appeals expanded the definition of “dependents” that can recover damages against an employer in a deliberate intent action under W. Va. Code § 23-4-2 (c). In Murphy v. Eastern Amer. Energy, Corp. , et al. , No. 33811 (W. Va. June

SSA's Proposal to Replace the Outdated Dictionary of Occupational Titles

Robin E. Kobayashi — Wed, 01 Jul 2009 13:47:58 GMT

The Social Security Administration (SSA) has announced that they're developing a new Occupational Information System (OIS) to replace the information currently obtained from the Dictionary of Occupational Titles (DOT), including the Selected Characteristics of Occupations (SCO) and Revised Handbook

Cal. Comp. Cases July Advanced Postings 7/1/2009

California Compensation Cases Staff — Wed, 01 Jul 2009 12:54:56 GMT

The first batch of advanced postings for the upcoming July 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full s

Calif. Defense and Applicants' Attorneys Request Senate Hearing on EAMS Problems, Delays, and Costs

LexisNexis Workers' Compensation Law Center Staff — Tue, 23 Jun 2009 23:45:55 GMT

Thirty attorneys representing both defendants and injured workers have requested that the Calif. Senate Labor and Industrial Relations Committee hold a hearing to discuss the problems with the Electronic Adjudication Management System (EAMS). Their letter dated June 22, 2009, is set forth below:

The Psychological Impact of Unemployment

LexisNexis Occupational Injuries & Illnesses Staff — Thu, 25 Jun 2009 02:06:25 GMT

Unemployment, particularly when unexpected or involuntary, may take its toll on mental health. A large body of scientific evidence demonstrates convincing evidence that unemployed people manifest lower levels of psychological well-being than do their employed peers. Unemployment has been linked

The Cervical Spine Is Added to the Delaware Practice Guidelines, Effective June 1, 2009

Cassandra Roberts — Wed, 01 Jul 2009 17:20:21 GMT

On June 1 the Health Care Advisory Panel announced that the cervical spine would be added as a Practice Guidelines classification of injury pursuant to 19 Delaware Code Section 2322C. Health Care Practice Guidelines have been adopted and apply to all treatment rendered after the effec

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/30/2009)

Robin E. Kobayashi — Tue, 30 Jun 2009 03:07:02 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/3/2009)

Robin E. Kobayashi — Tue, 03 Mar 2009 21:39:46 GMT

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com in the coming weeks. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your reques

Calif. Vocational Rehabilitation and the Weiner Decision: Did Injured Worker Lose His Rights?

Robin E. Kobayashi — Fri, 26 Jun 2009 12:08:29 GMT

One of our community members – an injured worker – recently asked whether, in light of the WCAB's recent en banc decision in Weiner , he had lost his rights because his vocational rehabilitation appeal was filed in 1994 and not yet been heard. I've asked Otis Byrd, Program Man

Attorney's Fees - The Relevant "Community" or Reasonable Rates for Tribunal - Assessed Fees

BRBS Longshore Reporter Staff — Tue, 23 Jun 2009 22:52:47 GMT

Pursuant to Section 28 ( 33 U.S.C.S. § 928 ) of LHWCA ( 31 U.S.C.S. § 901 et seq.), attorney's fees may be assessed against the employer, the claimant, or not at all. If fees are assessed, the factors to be considered are first the so–called "lodestar" (hourly rate

WCCP Resource Center

Workers' Compensation Claims Professionals — Sat, 06 Jun 2009 02:22:46 GMT

Workers' Compensation Claims Professionals Resource Center Bob O’Halloran demonstrates great talent at multi-tasking. Whether it’s successfully handling workers’ comp claims or being able to simultaneously watch three sports events on telev

Apportionment Under Calif. Labor Code Sec. 4664: Are the "Conclusive Presumptions" Really Conclusive?

Stewart R. Reubens — Fri, 19 Jun 2009 17:55:57 GMT

Labor code 4664(a) states that the employer " shall only be liable for the percentage of permanent disability directly caused by the injury arising out of and occurring in the course of employment ". Section 4664 (b) states that " if the applicant has received a prior award of

Should Going and Coming Rule Apply to In-Home Health Care Provider Traveling From One Patient's Residence to Another?

Thomas A. Robinson — Mon, 22 Jun 2009 18:04:36 GMT

A home health care aide was employed by a firm to provide in-home health care services to some of the firm's clients. She traveled in her personal vehicle to the patients' homes according to a schedule provided by her employer. She had no office at the employer's facilities, but typical

Workplace Hazards: The Historical Perspectives Tour – An Interview of Professor Mitchel Rosen

Mitchel A. Rosen, MS, CHES — Sat, 20 Jun 2009 11:36:03 GMT

Professor Rosen is the Director of the Office of Public Health Practice at the University of Medicine and Dentistry of New Jersey ( UMDNJ). He is also the chief organizer of an annual bus tour that explores contemporary and historical hazards faced by workers. The bus tour covered 1,100 miles and

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/25/2009)

Robin E. Kobayashi — Thu, 25 Jun 2009 02:44:36 GMT

Cal. Comp. Cases June Advanced Postings 6/26/2009

California Compensation Cases Staff — Fri, 26 Jun 2009 00:38:52 GMT

The fourth batch of advanced postings for the upcoming June 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Increase in State Average Weekly Wage Will Bump Up Calif. Workers' Comp Benefits in 2010

California Workers' Compensation Institute — Tue, 23 Jun 2009 13:27:51 GMT

The U.S. Department of Labor has released new data showing California’s State Average Weekly Wage (SAWW) rose from $956.20 to $984.83 in the 12 months ending March 31, 2009 – an increase of just under 3 percent – which will push up minimum and maximum temporary total disability (T

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/23/2009)

Robin E. Kobayashi — Mon, 22 Jun 2009 22:22:00 GMT

NYSIF Supports National Safety Month

New York State Insurance Fund — Fri, 19 Jun 2009 18:55:29 GMT

During National Safety Month, the New York State Insurance Fund reminds employers of the importance of safety in creating a safe workplace. The National Safety Council designates June as National Safety Month each year and promotes tips, strategies and guidelines for maintaining a safe work envi

California: New Board Rule Requires Considerable Care in Timing Denials of AOE/COE Disputed Cases

Goldman, Magdalin & Krikes, LLP — Thu, 18 Jun 2009 01:24:52 GMT

In light of the new Board Rule §30 (d)(3) great care must be taken in timing the date of the defendant’s denial of compensability in light of the new regulation’s restriction on the defendant’s ability to request a QME panel to address a threshold compensability issue.

The AMA Guides Measure What?

BRBS Longshore Reporter Staff — Wed, 17 Jun 2009 23:22:25 GMT

Justice is elusive, particularly in workers' compensation law where it is measured by the pound. Under the Longshore and Harbor Workers Compensation Act ( 33 U.S.C.S. § 901 et seq.), as in many workers' compensation acts, awards for partial disability are determined not by the impact of

AIG, KBR and CNA Face New Questions About Insurance for Injured Civilian Contractors

Pro Publica — Sun, 21 Jun 2009 11:49:44 GMT

Unlike insurance giant AIG , which promised to cease lobbying after receiving billions in bailout money, Chicago-based carrier CNA still works hard to influence lawmakers. The company has spent more than $6 million in lobbying since 2001, including more than $300,000 in the first quarter of th

Calif. Court Says Wilkinson Rule Inconsistent With Post-SB 899 Requirement That Apportionment Be Based on Causation

California Compensation Cases Staff — Fri, 19 Jun 2009 10:56:53 GMT

The California Court of Appeal, Second Appellate District, Division Six, has issued two decisions yesterday, holding that the Wilkinson rule is no longer generally applicable because it is inconsistent with the post-SB 899 requirement that apportionment be based on causation. Vilkitis

Mississippi Refuses Invitation to Enlarge Intentional Tort Exception to Exclusive Remedy Doctrine

Paul B. Howell — Tue, 16 Jun 2009 12:43:53 GMT

Reflective of the trade offs between business and labor inherent in any workers’ compensation system, the Mississippi Workers’ Compensation Act includes MISS. CODE ANN. § 71-3-9 (Rev. 2000), which provides as follows: “[t]he liability of an employer to pay compensation shal

Cal. Comp. Cases June Advanced Postings 6/19/2009

California Compensation Cases Staff — Fri, 19 Jun 2009 15:18:26 GMT

The third batch of advanced postings for the upcoming June 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full s

Featured Blogger – Safety Services Company: Working With Tools

Safety Services Company — Sat, 13 Jun 2009 20:51:42 GMT

Tools come in handy for maintenance work and repairs. They are there for your convenience, but they can be a disadvantage to you too if you do not use them carefully and wisely. In fact, work tools—whether hand tools or power tools—can be very hazardous if not used with care and caution

The Taneka Talley Case – When Does Injury or Death “Arise” Out of Employment?

Mark E. Webb — Tue, 16 Jun 2009 02:00:17 GMT

The phrase "AOE/COE" generally rolls off the tongue quite easily when adjusting California workers' compensation claims. There are times, however, that deciding whether a claim is compensable is not so easy a task. That was the situation confronting Dollar Tree stores when an empl

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/18/2009)

Robin E. Kobayashi — Thu, 18 Jun 2009 12:06:48 GMT

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we plan to post to lexis.com. If you would like a copy of any of these decisions now, please logon to your web center account and post a comment to this blog with y

Larson's Spotlight: Texas Refuses to Strike Forum Selection Clause From Employment Contract; Dismisses Retaliatory Discharge Claim

Thomas A. Robinson — Sun, 14 Jun 2009 14:12:27 GMT

Welch, a Texas resident, signed an employment contract with Nightingale Nurses, LLC, a Florida company, to work as an EEG technician at a Texas hospital. She suffered a work-related injury and, when the pain became unbearable, sought treatment in the hospital's emergency room.&nbs

Featured Blogger – Safety Services Company: Back and Eye Injuries

Safety Services Company — Sat, 13 Jun 2009 20:45:48 GMT

Back and eye injuries are the most common complaint of workers in most industries. In this blog entry, we are going to discuss why these injuries occur and how you can avoid them. Let’s start with back injuries. Back injuries are not just common to blue-collar workers who use t

Calif. Supreme Court Conference Report 6/17/2009: Review Denied in County of Los Angeles/LeCornu, Fry

California Compensation Cases Staff — Thu, 18 Jun 2009 18:54:33 GMT

The California Supreme Court has denied review in two cases reported in Cal. Comp. Cases: 1. County of Los Angeles v. WCAB (LeCornu) (2009) 74 Cal. Comp. Cases 645 (writ denied), review denied 6/17/2009. 2. Fry v. WCAB (2009) 74 Cal. Comp. Cases 678 (writ denied), review denied 6/17/2

Policy Year 2006 First Reports Show California Workers’ Comp Incurred Claim Costs Up

California Workers' Compensation Institute — Sat, 13 Jun 2009 20:00:18 GMT

First report data on California workers’ compensation insured claims against policies written in 2006 show that despite a continued decline in the number of claims reported within 18 months of policy inception, total incurred loss costs rose by $112 million. That was the first increas

Calif. WCAB Issues En Banc Decision on Vocational Rehabilitation

Goldman, Magdalin & Krikes, LLP — Fri, 12 Jun 2009 18:26:43 GMT

The WCAB’s 6/10/09 en banc decision in the matter of Lawrence Wiener v Ralph's Grocery Company addressed head on the arguments raised by the Applicant’s Bar that vocational rehabilitation rights were not fully extinguished by the repeal of Labor Code Section 139.5 and lived on

Featured Blogger – Safety Services Company: Accident Proofing Your Construction Site

Safety Services Company — Sat, 13 Jun 2009 20:55:10 GMT

If you’ve been working in a construction site for some time, you know that the place doesn’t just LOOK dangerous, it IS dangerous. Flying sawdust, falling debris, scattered nails, high-powered tools and equipment, working at heights – these are just some hazards common to co

"Cold War Widows" of Former Nuclear Plant Employees Seek Exception to Statute of Limitations: An Interview of Philip J. Fulton

Phil Fulton — Tue, 09 Jun 2009 20:16:53 GMT

Represented by Columbus, Ohio, attorney Philip J. Fulton, author of Fulton's Ohio Workers' Compensation Law (LexisNexis), the widows of 38 former employees of the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio, are trying to win death benefits from the Ohio wo

Featured Blogger – Safety Services Company: Ladders and Falls

Safety Services Company — Sat, 13 Jun 2009 20:48:52 GMT

Ladders are helpful tools used to reach areas that are otherwise inaccessible. Whether you’re in construction, general industry, or work an 8 to 5 job everyday I’m sure you use ladders at some point. But being on a ladder also puts you at the risk of falling. It is important that you us

Ask the Expert: Robert G. Rassp, Esq.

LexisNexis Workers' Compensation Law Center Staff — Mon, 11 Aug 2008 17:24:55 GMT

Ask the Expert Featured Expert Robert G. Rassp, Esq. Topic: AMA Guides & Calif. workers' compensation If you have a question about the AMA Guides and how it interacts with California workers' compensation law, sim

What's New in the 2009 Edition of The Lawyer's Guide to the AMA Guides and Calif. Workers' Compensation

Robert G. Rassp, Esq. — Sat, 03 Jan 2009 00:55:02 GMT

We are now approaching the fifth year of our use of the AMA Guides in our California workers’ compensation cases and the learning curve is still quite evident from the reading of medical reports and the deposition testimony of physicians. As we said in the first edition of The

UPDATE: South Carolina Workers' Compensation Reform: Governator-Style

Robin E. Kobayashi — Mon, 22 Oct 2007 01:51:17 GMT

Last year I blogged about Governor Sanford's executive orders mandating the use of the AMA Guides in the state's workers' compensation system. On July 17, 2008, the political standoff between the Governor and the state Workers' Compensation Commission appears to have been resolved. A Joint Motio

The New Edition of the AMA Guides: Six Times a Charm?

Robin E. Kobayashi — Wed, 05 Sep 2007 09:53:45 GMT

According to a recent poll of businesses on compliance issues, workers' compensation ranks as one of the most complicated set of laws, right up there with the tax code. In California this problem wasn't made any easier when the state legislature adopted the American Medical Association's Guides to

Sixth Edition Six Feet Under in Kentucky? At Least for Now

Roland Legal PLLC — Tue, 13 Jan 2009 17:00:46 GMT

With the release of the Sixth Edition of the AMA Guides , the Kentucky Legislature via Senate Bill 199 , deemed it prudent to take pause before adopting the sixth edition as “the latest edition” as the phrase is used in KRS 67A.460, 342.0011, 342.315, 342.316, 342.730, and 34

Member Report for the Iowa Task Force Regarding the AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition

John Kuhnlein, DO, MPH, CIME, FACPM, FACOEM — Sun, 24 May 2009 02:07:52 GMT

This position paper was originally published as a part of the Iowa Task Force Report regarding the use of The Guides to the Evaluation of Permanent Impairment, Fifth Edition or The Guides to the Evaluation of Permanent Impairment, Sixth Edition in the state of Iowa. The overall report w

Kentucky Workers' Compensation Commissioner Proposes New Practice Changes

Roland Legal PLLC — Tue, 11 Nov 2008 10:46:47 GMT

Based upon the presentation of Workers' Compensation Commissinoer Dwight T. Lovan at the 17th Biennial Workers Compensation Institute that was held in Lexington, KY on October 16th & 17th, 2008, the following proposals are being considered as potential Practice Regulation Changes:

Is Fibromyalgia Ratable Under the AMA Guides?

LexisNexis Occupational Injuries & Illnesses Staff — Wed, 11 Mar 2009 23:55:55 GMT

Is fibromyalgia ratable under the AMA Guides? According to Robert G. Rassp in his book The Lawyer's Guide to the AMA Guides and California Workers' Compensation , there are two schools of thought in the matter: (1) it is not ratable pursuant to language in Chapter 18 of the AMA Guides (5t

Iowa Rejects 6th Edition of AMA Impairment Guides for Work Injuries

H. Edwin Detlie — Sat, 24 May 2008 10:58:55 GMT

Since its publication, the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment has met with stiff criticism. It has been described as a step back in fairly assessing work injuries by many legal and medical experts. Several States have formally rejected use of the Sixth Edition,

AMA Guides Sixth Edition Down But Not Out in Kentucky

Roland Legal PLLC — Wed, 06 May 2009 00:45:27 GMT

The publication of the Sixth Edition of the AMA Guides and its pronounced divergence from previous editions aroused a controversy of sorts within the Kentucky workers’ compensation community, not to mention other jurisdictions relying on the publication for determining the occupational di

Featured Blogger – Safety Services Company: What You Need to Know About Workers’ Comp

Safety Services Company — Sat, 13 Jun 2009 20:14:22 GMT

So, what is workers’ comp? And how does workers’ comp benefit both the employees and the employers? Workers’ Compensation (or workers’ comp or work comp) grants benefits and insurance of workers in the event that they get injured or ill while on the job. With the workpl

Texas Legislature Takes On "Pill Mills"

Robin E. Kobayashi — Fri, 12 Jun 2009 12:11:21 GMT

In November 2007, reporter Stephen Dean at Local 2 Investigates uncovered the booming business of so-called "pill mills" in Houston, where carloads of people and parking lots filled with cars could easily be found. The drugs of choice are typically hydrocodone, Xanax and

Surviving Summer – The Tragic Story of an Injured Young Worker

IAPA — Tue, 09 Jun 2009 23:01:35 GMT

He wanted to earn some extra spending money. Instead, he earned himself a trip to the hospital, a body full of scars, and a story that no one should have to tell. Like many other 16 year olds, Eric Olivieri got himself a summer job. Like many other kids his age, he left for work not bothering to

CMS' May-Alert Announces MIR Timeline Extensions & Amends the TPOC "Reporting Trigger"

Mark Popolizio — Tue, 09 Jun 2009 03:51:19 GMT

On May 14, 2009, the Centers for Medicare & Medicaid Services (CMS) issued a Supplemental Alert (dated May 11, 2009; hereinafter referred to as the May-Alert ) to the recently released Section 111 NGHP User Guide (Version 1.0) regarding liability insurance (including self-insurance), no-fa

Florida's Cap on Workers' Comp Attorney's Fees: Constitutional Challenge to Statute Could Prove Difficult

Robert J. Grace, Jr. — Mon, 08 Jun 2009 00:48:29 GMT

In 2003 the Florida Legislature extensively amended the workers’ compensation statute with SB-50A. The amendment which received the greatest attention and most controversy was the amendment to Florida Statute 440.34 that limited attorney fees for benefits secured to a strict contingency f

Court Order Approved on General Motors' Bankruptcy

IAIABC — Wed, 10 Jun 2009 23:56:26 GMT

Previously we reported on the so called “ first day motion ” to the court included a petition to continue wages and benefits to General Motors’ workforce. As part of this motion, GM’s management took the position that payment for all workers’ compensation benefits, w

Factors in Increasing Medical Costs in Calif. Workers’ Compensation (Part Two) - An Interview of Insurance Executive Mark Webb

Mark E. Webb — Sun, 07 Jun 2009 21:09:14 GMT

Mark Webb is Vice President for Governmental Relations, Employers Direct Insurance Company. He recently participated in a panel discussion at the Northern California Workers’ Comp Forum in the San Francisco area. This is the second of a two-part interview. In Par

Calif. Supreme Court Conference Report 6/10/2009: Review Denied in Cavaliers Holding/Shelton, Espino, Fan, Grimaldo

California Compensation Cases Staff — Sat, 13 Jun 2009 13:48:09 GMT

The California Supreme Court has issued its Conference List through 6/10/2009. The following cases were reported in Cal. Comp. Cases: 1. Cavaliers Holding Co. v. WCAB ( Shelton ) (2009) 74 Cal. Comp. Cases 516 (writ denied), review denied 6/10/2009. 2. Espino

Occupational Safety and Health in Times of Economic Crisis

International Labour Organization — Mon, 08 Jun 2009 17:42:16 GMT

With credit barely flowing and global demand on a downward slide, enterprises around the world are struggling to cope with the global economic crisis. Meanwhile, the numbers of unemployed and working poor are rising. How is the crisis affecting working conditions? For this year’s World Day fo

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/11/2009)

Robin E. Kobayashi — Thu, 11 Jun 2009 14:15:47 GMT

This is a preview of some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board that we'll be posting to lexis.com. If you would like a copy of any of these decisions now, please logon and post a comment to this blog with your request. If you haven'

California Workers' Compensation Cases Roundup 6/10/2009

California Compensation Cases Staff — Wed, 10 Jun 2009 13:11:56 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 5 May 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Supreme Court Compensation Case

Cal. Comp. Cases June Advanced Postings 6/11/2009

California Compensation Cases Staff — Thu, 11 Jun 2009 12:50:17 GMT

The second batch of advanced postings for the upcoming June 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

To Pay or Not to Pay? Florida Claims Adjuster Ethics - General Principles

Workers' Compensation Claims Professionals — Fri, 05 Jun 2009 07:31:11 GMT

Time Constraints and Penalty for Late Payment Previously, the Florida Workers' Compensation Act required that carriers mail the first payment of compensation within 14 days after they have knowledge of the disability or within 14 days after receipt of a Petition for Benefits. The difficul

National Association of Insurance Commissioners' (NAIC) Data on California Workers' Compensation Premium

California Workers' Compensation Institute — Mon, 08 Jun 2009 15:37:38 GMT

The total direct written premium (DWP) of California workers' compensation insurers in 2008, $7.65 billion, was the lowest since 2000, when it stood at $6.8 billion. During that 9-year span, rising loss costs drove DWP to $16.1 billion in 2004, then, fueled by declining claim fre

AIG Faces Hearing on Denial of Medical Claims by Contractors Injured in Iraq and Afghanistan

Pro Publica — Mon, 08 Jun 2009 19:33:09 GMT

Rep. Dennis Kucinich , D-Ohio, announced today that a panel of the House Committee on Oversight and Government Reform will hold a hearing on June 18 to examine whether AIG and other major insurance carriers have inappropriately denied medical claims of contractors injured on the job in Iraq an

Larson's Blogworthy Cases of the Week 6/5/2009: Iowa, New York, South Carolina, Georgia, Illinois

Thomas A. Robinson — Sun, 07 Jun 2009 20:54:08 GMT

Each week I'll be blogging about recent, interesting workers' compensation cases. I invite everyone to share their thoughts about these cases. To post a comment to this blog, you'll need to register first. If you're already registered, simply logon in order to post a comment.

The Art of Reserves: Claims Adjusters Need Crystal Ball Foresight and High-Level Skills

Workers' Compensation Claims Professionals — Mon, 01 Jun 2009 13:16:35 GMT

Reserves are financial assets, or money, put aside to fund a company’s legal obligations. These obligations commonly appear in a company’s profit and loss statement, and on its balance sheet. A reserve on an individual claim is an estimate of the total future cost of that c

Anti-Fraud Legislation Headed to Texas Governor

Insurance Council of Texas — Tue, 02 Jun 2009 17:46:19 GMT

Texas lawmakers took a huge step in curtailing the activities of today’s ambulance chasers by passing HB 148. The bill now on its way to Governor Perry for his signature makes it illegal for lawyers, chiropractors and other health professionals to solicit the victims of auto accidents o

Factors in Increasing Medical Costs in Calif. Workers’ Compensation (Part One) - An Interview of Insurance Executive Mark Webb

Mark E. Webb — Mon, 01 Jun 2009 12:16:41 GMT

CWCI Study Examines Growth of California Workers’ Comp Medical Costs

California Workers' Compensation Institute — Thu, 04 Jun 2009 01:08:57 GMT

A new CWCI study on post-reform changes in California workers’ compensation medical payments confirms that since accident year (AY) 2005, insurer payments for treatment, pharmaceuticals and durable medical equipment (DME), med-legal reports, and medical management have grown significantly. De

Cal. Comp. Cases June Advanced Postings 6/5/2009

California Compensation Cases Staff — Fri, 05 Jun 2009 10:59:14 GMT

The first batch of advanced postings for the upcoming June 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full s

The Politics of Insurance: Dinallo Resigns, Crist Hints of Veto and Texas TWIA Bill in Limbo

William F. "Chip" Merlin, Jr. — Wed, 03 Jun 2009 17:11:20 GMT

What happened to the time when a significant insurance coverage decision arrived and everybody in my line of work analyzed that topic for several years? Now, the insurance industry is writing so many new and differently worded forms, it is hard to rely upon case decisions as being of widespread sig

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 6/3/2009)

Robin E. Kobayashi — Wed, 03 Jun 2009 19:26:16 GMT

Further Reflections on the Almaraz-Guzman Calif. WCAB En Banc Decision

Steven D. Feinberg, M.D. — Sun, 24 May 2009 18:22:37 GMT

Many of us have started to reflect on how to respond as an AME/QME/Treater to the Almaraz-Guzman WCAB En Banc Decision. Here are some initial thoughts, some of which are not completely original as I have received input from others. I urge you to read the full Almaraz-Guzman WCAB En Banc Decision

NAIC Report on Insurer Profitability for Calif. Workers' Compensation

California Workers' Compensation Institute — Tue, 02 Jun 2009 11:28:05 GMT

According to the National Association of Insurance Commissioners' latest report on insurer profitability, California workers' compensation insurers have enjoyed healthy returns on net worth each year, starting in 2004. These returns (12.6% in 2004, 14.2% in 2005, 16.4% in 2006, and 12

Larson's Blogworthy Cases of the Week 5/29/2009

Thomas A. Robinson — Sat, 30 May 2009 10:35:50 GMT

Eight Basic Training Principles for New Employees to Get Them Off On the Right Track and Prevent Comp Claims

CompEraser — Sun, 16 Nov 2008 10:42:52 GMT

Editor's Note: As part of National Safety Month, we have reposted these tips for a new employee safety program. The ultimate key to the success of the organization's new employee safety indoctrination effort is management's sincere interest in and commitment to the safety and health of

Update From the Benefits Review Board 5/29/2009

BRBS Longshore Reporter Staff — Sun, 24 May 2009 17:10:05 GMT

The Board began this fiscal year in October 2008 with 134 pending Longshore appeals. Historically, appeals are filed in about 10 percent of the Longshore cases decided by OALJ. During the last fiscal year, which ended September 30, 2008, the Board received 226 appeals in cases under the

Changes Facing Workers’ Compensation Adjusters – In Florida and Across the Nation

Workers' Compensation Claims Professionals — Sat, 23 May 2009 12:43:55 GMT

Many factors, including changes in technology, changes in legislation, new rulings by the courts, and the effect of the current economic downturn, are impacting how workers’ compensation adjusters fulfill their responsibilities. Bob O'Halloran, who is Vice President of Claims

Cal. Comp. Cases May Advanced Postings 5/30/2009

California Compensation Cases Staff — Sat, 30 May 2009 11:21:54 GMT

The fifth batch of advanced postings for the upcoming May 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full su

Illinois Temporary Disability Benefits Following Economic "Layoff"

Brad Bleakney — Tue, 26 May 2009 00:23:14 GMT

Will an “economic layoff” be a solid defense against payment of temporary disability benefits where a carpenter worked for over 2 years following a shoulder injury? The answer is no – that is, as long as the worker is still under medical care and is still “temporarily”

Almaraz-Guzman and Ogilvie En Banc Decisions - Are They Currently in Force Pending Reconsideration by the Calif. WCAB?

Robert G. Rassp, Esq. — Wed, 06 May 2009 20:02:56 GMT

At a recent educational program, a speaker told the attendees that the WCAB en banc decisions were “on hold” pending the WCAB’s decision after reconsideration. The defendants in each case had filed a Petition for Reconsideration of the WCAB’s en banc decisions and thos

More Than Totally and Permanently Disabled From Work Injury in Illinois

Brad Bleakney — Mon, 25 May 2009 22:35:27 GMT

Is that possible to receive more than lifetime total disability benefits in Illinois from a single accident? Answer: Yes -- it is possible, but it won’t happen very often. In Beelman Trucking , an injured worker received lifetime total disability benefits for the complete para

California Workers' Compensation Cases Roundup 5/27/2009

California Compensation Cases Staff — Tue, 19 May 2009 21:52:40 GMT

CALIFORNIA COMPENSATION CASES Vol. 74, No. 4 April 2009 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE Appellate Court Compensation Cas

Summary Judgment Rendered Against a PPO in Louisiana for $261 Million

Denis Paul Juge — Mon, 18 May 2009 12:29:58 GMT

Summary Judgment was rendered by Judge Wyatt in the class action suit (over $261 million) of Clark A. Gunderson, M.D., et al. v. F.A. Richard & Associates, et al. With legal interest the actual award is almost $400 million. There is a special statute that limits the amount of bond neede

New Hope for Cold War-Era Bomb-Makers

Pro Publica — Wed, 27 May 2009 02:26:50 GMT

The nuclear bombs Charlie Wolf built helped win the Cold War. But his toughest battles came afterward, when he applied to a troubled federal compensation program intended for those whose top-secret work made them sick. Wolf wound up battling a bureaucratic morass for more than six years --

Iowa Passes Late-Night Changes to Jurisdiction and Penalties for Denying Valid Claims

H. Edwin Detlie — Tue, 28 Apr 2009 00:56:18 GMT

Although it mostly slipped past the press, the Iowa General Assembly passed a light-night bill just before they adjourned for the year. The standings bill is traditionally passed at the very last minute of every session, and includes lots of bills that did not quite make it during regular session.

Larson's Blogworthy Cases of the Week 5/22/2009

Thomas A. Robinson — Sat, 23 May 2009 00:17:03 GMT

Calif. WCAB Panel Decision: Morgan v. Redwood Credit Union (Post-Almaraz With Dissent)

Robin E. Kobayashi — Sat, 23 May 2009 11:51:06 GMT

In Morgan v. Redwood Credit Union , a majority of a WCAB panel has granted Applicant's petition for reconsideration and returned the matter to the trial level for further development of the medical record in accordance with the WCAB's recent en banc decision in Almaraz/Guzman . The majority

FEHA Disability Discrimination Standard – The Interactive Process for Accommodation

Goldman, Magdalin & Krikes, LLP — Thu, 21 May 2009 19:15:19 GMT

The Fourth District Court of Appeals just issued an employer-favorable decision with regard to the burdens of evidence imposed on a plaintiff suing under the Fair Employment and Housing Act to avoid summary judgment. This decision gives guidance regarding a split of authority concerning an empl

Texas: New Supplemental Income Benefit Rules in Effect

Stuart D. Colburn — Wed, 20 May 2009 20:45:16 GMT

For qualifying periods beginning on or after July 1, 2009, new supplemental income benefits (SIBs) rules are in effect. These new SIBs rules offer the first substantial change to the consideration and payment of supplemental income benefits since the new law went into effect in 1991. Th

Pentagon’s IG to Examine AIG Insurance Provided to Private Contractors in Iraq and Afghanistan

Pro Publica — Thu, 21 May 2009 19:44:22 GMT

The Defense Department's inspector general is preparing a possible audit to examine allegations that inadequate oversight by federal officials allowed AIG and other major carriers to deny medical benefits due civilian contractors in Iraq and Afghanistan. The examination, undertaken in respon

How Return to Work Programs Can Stop the Disability Cycle and Prevent Further Erosion of Our Economy

National Return to Work Week — Mon, 25 May 2009 12:23:16 GMT

National Return to Work Week ran from May 10 to 16, 2009, and it will be celebrated annually the second week of May. According to the National Safety Council, employers lose an average of 80 million lost work days every year. The failure to reduce this number causes lost productivity and many hidde

Featured Blogger - Rebecca Shafer: How to Use a Medical Doctor Proactively to Get Employees Back to Work Sooner

Rebecca A. Shafer — Wed, 10 Dec 2008 23:54:21 GMT

Hello, as the "featured blogger" this week, I'll be writing on topics that relate to workers' compensation cost containment. Some will be basic, some advanced. Please let me know if there's anything in particular you would like me to focus on and I'll do my best to accom

Featured Blogger – Rebecca Shafer: How to Handle "Phantom Accidents"

Rebecca A. Shafer — Fri, 12 Dec 2008 17:17:19 GMT

Featured Blogger - Rebecca Shafer: 7 Reasons An Employee May Not Return to Work

Rebecca A. Shafer — Fri, 05 Dec 2008 10:18:59 GMT

Featured Blogger - Rebecca Shafer: 14 Things to Consider When Employees Are Injured Traveling Overseas

Rebecca A. Shafer — Tue, 09 Dec 2008 00:51:20 GMT

How to Resolve Difficult (Impossible) Claims: Overcoming Obstacles to Return to Work

Rebecca A. Shafer — Sun, 16 Nov 2008 19:56:48 GMT

Ever tried home-based employment? Claims which have a year or more of lost time have a very small likelihood of resolving and are likely to hit the statutory limits of indemnity and medical costs. Some analysts think over half of all workers' comp costs are generated by these 'ye

Featured Blogger - Rebecca Shafer: Working With Unions When Setting Up Return to Work Programs

Rebecca A. Shafer — Wed, 10 Dec 2008 00:04:32 GMT

Record Fines Collected from Uninsured Employers in Ilinois

Kim Presbrey — Mon, 23 Jun 2008 14:55:04 GMT

Fraud is a term which is frequently used by employers as the number one attack on the workers' compensation system. Claimants receiving benefits for injuries that did not occur or injuries that have healed is often a subject that is sensationalized on television. The fraud that never makes it o

Featured Blogger – Rebecca Shafer: How to Handle "Phantom Accidents"

Rebecca A. Shafer — Mon, 25 May 2009 00:26:40 GMT

Hello, as the "featured blogger" , I'll be writing on topics that relate to workers' compensation cost containment. Some will be basic, some advanced. Please let me know if there's anything in particular you would like me to focus on and I'll do my best to accommoda

Protecting Workers Rights by Stopping Misclassification as Independent Contractors in Maryland

Caroline Fan — Mon, 25 May 2009 00:38:44 GMT

Earlier this month, the Maryland legislature joined a number of states in cracking down on worker misclassification by enacting the Maryland Workplace Fraud Act ( S 909 / H 819 ) which has the support of Gov. O'Malley who is expected to sign the bill shortly. The main focus

How to Detect Workers Compensation Fraud Committed by the Injured Employee

CompEraser — Mon, 25 May 2009 00:35:52 GMT

Fraudulent claims are filed by employees who are seeking workers' compensation benefits for non-existent conditions or for conditions that are not work-related. These claims are not fraud in the criminal sense in most cases. Therefore, you must be extremely careful in your claim ha

How to Detect Workers Compensation Fraud Committed by Healthcare Providers

CompEraser — Mon, 25 May 2009 00:34:13 GMT

In previous blogs I have discussed how to detect possible employee workers compensation claim fraud and possible inflated workers compensation claims. This blog will discuss one other area of possible fraud that your organization may encounter - fraud committed by healthcare providers. Thi

How to Detect Inflated Claims That May Drive Your Workers Compensation Costs Into Orbit

CompEraser — Mon, 25 May 2009 00:32:30 GMT

Inflated claims are different from fraudulent claims in that they begin with an injury or illness that the employee later attempts to manipulate into additional time off with pay or a higher disability award. An example of this type of claim is when employee, who is nearing retirement and is

OSHA-gate: The Story Behind the Story

Robin E. Kobayashi — Mon, 25 May 2009 00:51:34 GMT

The news headline in recent days has been the House committee hearing on the underreporting of workplace injuries and illnesses. Click here . The June 27, 2008 episode of Bill Moyers Journal gave us the story behind the story. Bill Moyers Journal questioned why injury rates have drop

Quick Guide to the House Report on Underreporting of Workplace Injuries

Roger Rabb — Mon, 25 May 2009 00:48:27 GMT

In a previous blog, Robin Kobayashi discussed how the Charlotte Observer uncovered the underreporting of injuries at poultry plants. Click here . The newspaper's investigation led to a House committee hearing on June 19, 2008 regarding the underreporting of workplace injuries

Calif. Court of Appeal Denies Writ of Review in Tapia v. Skill Master Staffing (Appeals Board en banc decision)

California Compensation Cases Staff — Thu, 21 May 2009 09:52:44 GMT

The California Court of Appeal, Second Appellate District, has denied a petition for writ of review on May 20, 2009 , in the case of Tapia v. Skill Master Staffing , 73 Cal. Comp. Cases 1338 (Appeals Board en banc decision). A Petition for Writ of Review had been filed su

Brown v. Cassens Transport: Will Sixth Circuit RICO Ruling Move Workers' Compensation into the Federal System?

Sedgwick Claims Management Services, Inc. — Wed, 13 May 2009 17:48:18 GMT

Taking its cue from a Supreme Court directive, the Court of Appeals for the Sixth Circuit issued an opinion on October 23, 2008 that effectively allows a Michigan workers’ compensation claim to be heard in a federal court. This development poses concerns regarding the potential erosi

Study Reinforces Links Between Formaldehyde and Cancer

Pro Publica — Mon, 18 May 2009 21:14:11 GMT

A study released last week by the National Cancer Institute strengthens the link between exposure to formaldehyde and several forms of cancer, including leukemia. The 30-year study, which tracked the health of nearly 25,000 men exposed to the chemical in industrial plants, is likely to imp

Cal. Comp. Cases May Advanced Postings 5/20/2009

California Compensation Cases Staff — Thu, 21 May 2009 00:33:45 GMT

The third and fourth batches of advanced postings for the upcoming May 2009 issue of California Compensation Cases are now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to re

Larson's Blogworthy Cases of the Week 5/15/2009

Thomas A. Robinson — Sun, 17 May 2009 02:26:23 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/17/2009)

Robin E. Kobayashi — Mon, 18 May 2009 13:54:31 GMT

Texas Bad Faith Action: Medical Peer Review Reports of Other Patients Are Privileged

Stuart D. Colburn — Sun, 17 May 2009 21:34:26 GMT

In re Netherlands Insurance Company and America First Insurance Company, Texas Court of Appeals, Fourth District (04-08-00815-CV, April 8, 2009), 2009 Tex. App. LEXIS 2340 Plaintiff filed a workers’ compensation claim. A doctor assessed plaintiff a 19% impairment rating.

Attorney Spotlight: William A. Herreras on California Supreme Court's Decision in Smith v. WCAB; Amar v. WCAB

William A. Herreras — Thu, 14 May 2009 00:03:08 GMT

On May 11, 2009, the California Supreme Court handed down its decision in the combined cases of Smith v. W.C.A.B.; Amar v. W.C.A.B . The cases involved Calif. Labor Code Section 4607 , which provides: "Where a party to a [workers' compensation] proceeding instit

New York Workers' Compensation Handbook 2009 Edition Continues to Analyze Impact of 2007 Reforms

Ronald E. Weiss & Ronald Balter — Mon, 27 Apr 2009 21:45:13 GMT

This year’s edition of the New York Workers' Compensation Handbook marks a milestone in the history of this Handbook. It is the first since the retirement from worker’s compensation practice of its original coauthor Edward I. Pitts. Mr. Pitts recognized long ago the need for a single

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/12/2009)

Robin E. Kobayashi — Tue, 12 May 2009 01:44:00 GMT

Workers' Comp Laws of California - 2009 Supplement Shipping Now to Customers

Robin E. Kobayashi — Fri, 15 May 2009 11:50:47 GMT

The 2009 midyear supplement to Workers' Compensation Laws of California is shipping out to customers starting today. This supplement is free of charge to all existing subscribers. It covers regulatory changes from November 2008 through early April 2009. To review a list of regu

Larson's Spotlight: Racially-Motivated Assaults Within the Workplace

Thomas A. Robinson — Mon, 15 Dec 2008 20:41:47 GMT

Two recent cases—one decided in late October by the Supreme Court of Alabama, the other still pending before the California Workers’ Compensation Appeals Board—present a particularly difficult fact pattern within the workers’ compensation context: the compensability of

Larson's Blogworthy Cases of the Week 5/8/2009

Thomas A. Robinson — Sat, 09 May 2009 15:46:09 GMT

Medicare Secondary Payer Recovery Contractor Not Subject to State Court Jurisdiction

Roy A. Franco — Fri, 08 May 2009 13:17:09 GMT

As predicted we are seeing increased litigation in an attempt to resolve Medicare Secondary Payer Issues. The attached opinion involves the settlement of an Estate in NY State Court. The administratrix sought finality to distribute the Estate proceeds; and the Medicare Secondary Payer

Why Workers Need the Employee Free Choice Act

David Bacon — Sat, 18 Apr 2009 22:11:15 GMT

Unions are good for workers. Today, median weekly pay for union members is $886, compared to $691 for nonunion workers. Moving cargo on the Oakland waterfront pays three times what stocking shelves does at Wal-Mart, because longshore workers have had a union contract since 1934. Wa

Does a Case End When the Injured Worker Passes Away?

Robin E. Kobayashi — Fri, 08 May 2009 19:16:55 GMT

I recently received an inquiry from one of our community members. She said that her husband had a long running comp case, having been injured at work. He recently passed away. She was told that the case is now closed and she can't do anything about it. She had taken care of her hu

MMSEA Update, MARC Update, and Recent Litigation

Roy A. Franco — Tue, 05 May 2009 21:35:30 GMT

I have a lot to cover today. To assist I have added headlines, so you may jump around to get to the materials that interest you most. RRE REGISTRATION HAS STARTED! Well MMSEA is finally here. If you as a RRE have production data to report to CMS beginning the first qua

Injured Worker Tips: Wage Benefits Under Florida Workers Compensation Laws

Joseph M. Maus — Wed, 06 May 2009 01:07:43 GMT

There are four types of wage benefits you can receive under the Florida workers compensation laws. The four types are: Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), and Impairment Benefits (IB’s). The easiest

Larson's Spotlight: Exposure to Contagious Disease

Larson's Spotlight — Sun, 03 May 2009 12:28:00 GMT

Insurance experts say that the property/casualty insurance sector most likely to see swine flu claims is the workers' compensation line. The following article examines contagious disease in the workplace as well as for traveling employees. Increased Risk of Exposure to Contagious Diseas

Cal. Comp. Cases May Advanced Postings 5/6/2009

California Compensation Cases Staff — Wed, 06 May 2009 14:34:39 GMT

The second batch of advanced postings for the upcoming May 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full s

CMS Releases “NGHP User Guide” & Supplemental “Alerts” Regarding Section 111 Reporting

Mark Popolizio — Mon, 04 May 2009 16:32:57 GMT

On March 17, 2009, the Centers for Medicare and Medicaid Services (CMS) released its long awaited “User Guide, Version 1.0 – March 16, 2009” (hereinafter “User Guide”) pertaining to “liability insurance (including self-insurance), no-fault insurance and

Larson's Blogworthy Cases of the Week 5/1/2009

Thomas A. Robinson — Sat, 02 May 2009 01:58:00 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 5/4/2009)

Robin E. Kobayashi — Mon, 04 May 2009 02:16:14 GMT

California Senate Committee Rethinks Bill to Limit Time for Filing of Medical Liens

Reid L. Steinfeld — Fri, 01 May 2009 13:19:26 GMT

California Senate Bill 403 , which attempted to amend Labor Code § 4903.5 by limiting the time a medical provider has to file a lien to one year from the date of receipt of an EOB and/or EOR, was tabled by the Labor and Industrial Relations Committee on April 29, 2009. According to Gary Lin

Florida: The One-Two Punch That Could Roll Back Workers' Compensation Reforms

Dennis A. Ross & Christine R. Sensenig — Tue, 17 Mar 2009 00:02:22 GMT

This article was originally published in Florida TaxWatch and reprinted here with permission. Florida employers have benefited enormously since the sweeping system overhaul provided by the Workers' Compensation Reform Act of 2003 . They have enjoyed a rate decrease averaging more than 6

Recession Adds Stress to the Workplace, Complexity to WC Claims

David Heitfield — Fri, 01 May 2009 11:47:29 GMT

Understanding how business cycles impact human psychology and behavior is key to anticipating the effect of a recession on Workers' Compensation claims, according to International Association of Industrial Accident Boards and Commissions Executive Director Dr. Gregory Krohm, who led a recent IAIABC

The $20 Billion Near-Heist: AIG in NY Revisited

David E. Wood — Thu, 30 Apr 2009 10:17:43 GMT

If AIG goes bankrupt, will state insurance regulators protect the assets of its solvent insurance subsidiaries, ensuring that they will pay policyholders' claims? In the current issue of the insurance law journal Enforce , policyholder attorney David E. Wood of Anderson Kill Wood &

Testimony Before the Senate Employment and Workplace Subcommittee “Introducing Meaningful Incentives for Safe Workplaces and Meaningful Roles for Victims and Families”

Tammy Miser — Wed, 29 Apr 2009 12:00:04 GMT

I would like to thank Chair Senator Murray and Ranking Member Senator Isakson for caring enough to hold this hearing and for the honor of being invited to represent the family member victims of workplace tragedies. When a loved one is injured or dies on the job families do not know where to turn

Cal. Comp. Cases May Advanced Postings 4/30/2009

California Compensation Cases Staff — Thu, 30 Apr 2009 11:59:30 GMT

The first batch of advanced postings for the upcoming May 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full su

Protecting Workers Rights by Stopping Misclassification as Independent Contractors in Maryland

Caroline Fan — Mon, 27 Apr 2009 18:23:29 GMT

Loyola University Annual Longshore Conference 2009

BRBS Longshore Reporter Staff — Wed, 29 Apr 2009 10:15:27 GMT

Loyola University, in co-operation with the United States Department of Labor, put on its annual Longshore Conference on March 19 and 20, 2009, in New Orleans. In spite of the worldwide economic conditions, the conference was well attended. Presentations on aspects of the Longshore and Har

The Employee Free Choice Act: Free Choice or No Choice for Workers

Richard A. Epstein — Sun, 29 Mar 2009 03:21:35 GMT

EXECUTIVE SUMMARY The National Labor Relations Act of 1935 marked a major departure from common law principles, which were modified but not rejected with the passage of the Taft-Hartley Act in 1947. Since that time, the legal regime governing labor relations has been relatively stable. Today,

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/28/2009)

Robin E. Kobayashi — Tue, 28 Apr 2009 00:50:42 GMT

Larson's Blogworthy Cases of the Week 4/24/2009

Thomas A. Robinson — Sun, 26 Apr 2009 00:17:59 GMT

Pamela D. Pengelley on Fessing up to Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation

Pam Pengelley — Tue, 17 Mar 2009 03:38:09 GMT

INTRODUCTION In December 2008, after several failed attempts to serve a couple with court documents by email and text messaging their mobile phones, an Australian lawyer won the right to serve a default judgment by posting the terms of the judgment on the defendants’ Facebook “Wall&r

Iowa Woman Falls at Work, Ruled Not Work Injury

H. Edwin Detlie — Sat, 24 May 2008 18:30:35 GMT

The Iowa Court of Appeals refused to find a woman's back injury was work-related, although she fell at work. In Ottumwa Regional Health Center v. Mitchell , 752 N.W.2d 35 , filed in April of 2008, the Iowa Court of Appeals decided that since Iowa has not adopted the "positional risk&

Recent Noteworthy Panel Decisions Issued by California WCAB - Includes New Post-Almaraz/Guzman Case (Posted 4/24/2009)

Robin E. Kobayashi — Fri, 24 Apr 2009 11:29:14 GMT

California: Ultimate Insured Losses & Expenses for 2008 Estimated at 108% of Premium

California Workers' Compensation Institute — Wed, 22 Apr 2009 01:43:04 GMT

New estimates from the California Workers’ Compensation Insurance Rating Bureau show ultimate insured losses for accident year (AY) 2008 California work injury claims are expected to total $7.7 billion, or $400 million more than the projected total for AY 2007 claims. This would push

Texas DWC Adopts New Rule 133.20 Medical Bill Submission by Healthcare Provider

Stuart D. Colburn — Fri, 10 Apr 2009 21:22:04 GMT

Prior to September 1, 2007, medical providers forfeited reimbursement if they failed to submit a medical bill within 95 days. Since September 1, 2007, medical providers could take advantage of one of four exceptions: (1) the provider submitted the timely bill to the group accident, or health ins

Workers’ Compensation, MSP Compliance, and Some Strategy

Karen Shelton — Tue, 21 Apr 2009 03:52:10 GMT

If you are like most Workers’ Compensation Claimant attorneys, your desk and files are crammed with cases that are left open for medical….and the main reason they are left open is the fear on the part of the attorney that something down the road might come back to haunt them. But

Injured Worker Tips: Have a Shot at Receiving Benefits in New York’s Workers’ Comp System

Brian M. Mittman — Mon, 20 Apr 2009 14:49:28 GMT

5 Deadly Sins That Can Derail Your New York Workers Compensation Case is an informative book written for injured workers seeking to learn about what to do if they have been injured on the job. I wrote this book to provide a clear and easily written overview of the workers' compensat

Here Is Another Wonderful Example of Better Living Through Nanotechnology. Maybe.

Andrew Schneider — Sat, 11 Apr 2009 15:20:29 GMT

It sounds great on the surface as many ideas do. Scientists at Cornell University think they’ve solved a widespread public health problem that endangers the health of farm workers and people who live near farms - the drifting of pesticides from the crops where they’re applied to the

Cal. Comp. Cases April Advanced Postings 4/22/2009

California Compensation Cases Staff — Wed, 22 Apr 2009 17:23:10 GMT

The fourth batch of advanced postings for the upcoming April 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

How Much Does A Prescription Cost? CMS Pays New Attention to Prescription Valuation

Teddy Snyder — Wed, 15 Apr 2009 13:51:11 GMT

The huge news in workers comp is that last week CMS came out with a new memo that some say will be the end of C&Rs when an MSA is required. The memo states that starting 6/1/09 Average Wholesale Price (AWP) will be the only calculation method accepted and no other calculation or discoun

Larson's Blogworthy Cases of the Week 4/17/2009

Thomas A. Robinson — Sat, 18 Apr 2009 22:30:19 GMT

Maryland Court Says UIM Benefits Are Offset by Employer's Payment of Medical Expenses Whether or Not Workers' Comp Claim Filed

Lance G. Montour — Fri, 17 Apr 2009 00:56:51 GMT

In Parry v. Allstate Insurance Co. , Slip Opinion 04/06/2009, the Court of Appeals has determined that payment of medical expenses are benefits under the workers' compensation law whether or not a formal claim has been filed. In the case of Parry v. Allstate Insurance Co. , Slip Opinion

California Workers' Compensation Cases Roundup 4/20/2009

California Compensation Cases Staff — Tue, 14 Apr 2009 17:45:47 GMT

IMPORTANT NOTE: SIGN UP FOR MY FREE WEEKLY eNEWSLETTERS COVERING RECENT CHANGES IN CALIFORNIA WORKERS' COMPENSATION LAW AS REPORTED ON THE LEXISNEXIS WORKERS' COMPENSATION LAW CENTER. SIMPLY EMAIL ME WITH YOUR REQUEST TO BE ADDED TO MY DISTRIBUTION LIST. YOU CAN REACH ME AT Robin.E.Kobayashi

Is a National Commission Necessary?

IAIABC — Mon, 13 Apr 2009 19:02:17 GMT

To address the effectiveness of workers’ compensation systems throughout the U.S., Congressman Joe Baca (D-CA) has introduced legislation (H.R. 635) to establish a “National Commission on State Workers' Compensation Laws” patterned roughly after the 1972 National Commission establ

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/17/2009)

Robin E. Kobayashi — Sun, 12 Apr 2009 23:51:47 GMT

Who Should Choose Doctors for Injured Iowa Workers?

H. Edwin Detlie — Tue, 10 Mar 2009 17:33:57 GMT

Once again, the Iowa General Assembly is being asked to consider who should choose treating doctors for injured workers. For many years, insurance carriers in Iowa have been able to tell injured workers what doctors they can see for treatment. Iowa labor organizations and other

California's Permanent Disability Rating Schedule in Light of Almaraz/Guzman: How the Appeals Board Didn’t Get It Right

Mark E. Webb — Wed, 15 Apr 2009 01:58:09 GMT

Let’s start with what the Legislature didn’t do. The Courts, including the Board, frequently commence an analysis with the phrase, “If the Legislature had intended to do…” This, of course, is an acceptable part of statutory construction. In reviewing Almaraz/Guzman

SPECIAL ALERT! California WCAB Order Allowing Amicus Briefs in Vocational Rehabilitation Jurisdiction Case

California Compensation Cases Staff — Tue, 14 Apr 2009 19:10:58 GMT

The California Workers' Compensation Appeals Board has issued an en banc decision, Order Allowing Amicus Briefs, in in the following case: Weiner v. Ralphs Company and Sedgwick Claims Management Services, Inc. (MON 0305426) This decision was filed and served on April 14, 2009. Th

The Insurance Professional’s Practical Guide to Workers’ Compensation: From History Through Audit

Christopher J. Boggs — Sun, 22 Feb 2009 10:55:19 GMT

The Insurance Professional’s Practical Guide to Workers’ Compensation: From History through Audit details how the modern workers’ compensation system operates in the statutory, contractual and juridical world in which the coverage exists. Legal and contractual concepts are con

Workers' Compensation History: The Great Tradeoff!

Christopher J. Boggs — Mon, 03 Nov 2008 21:04:17 GMT

Eighteenth century pirates and a nineteenth century German "Iron" Chancellor preceded the United States in the creation of a social system for the protection of injured workers. The modern workers' compensation system owes part of its existence to this unique parentage. Arrrrg,

Injured Worker Tips: Calculating Your Florida Impairment Rating

Joseph M. Maus — Mon, 13 Apr 2009 14:23:03 GMT

Florida’s workers compensation laws are sometimes difficult to understand. “Workers Comp” allows a worker injured on the job to treat with doctors until the doctor decides that the injured worker has received all the care they need to return them to the workforce.

Cal. Comp. Cases April Advanced Postings 4/16/2009

California Compensation Cases Staff — Thu, 16 Apr 2009 01:56:29 GMT

The third batch of advanced postings for the upcoming April 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Guest Column by Iowa Insurance Commissioner Susan E. Voss: Build on State-based Financial Regulation

Susan E. Voss — Mon, 13 Apr 2009 10:48:38 GMT

Last week, President Obama was in London attending the G-20 Summit, where, in the shadow of the global financial crisis, major economic issues were discussed and debated - with banking and regulatory reform issues among them. If the United States has genuine intentions of demonstra

Pinnacol Assurance: Is it Private or Public?

Richard E. Falcone — Sun, 12 Apr 2009 12:46:11 GMT

In the last few days a big dispute arose over a proposal to take what might be considered excess funds from Pinnacol to help the State of Colorado in the present economic downturn. Pinnacol handles a great many workers comp claims and that means more then any other insurer. In any ev

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/13/2009)

Robin E. Kobayashi — Sun, 12 Apr 2009 23:49:14 GMT

Larson's Blogworthy Cases of the Week 4/10/2009

Thomas A. Robinson — Sat, 11 Apr 2009 17:13:43 GMT

Texas Supreme Court's Revised Decision: Entergy Gulf States, Inc. v. John Summers

Stuart D. Colburn — Fri, 10 Apr 2009 21:11:12 GMT

The Texas Supreme Court has issued a revised decision in the Entergy Gulf States Inc. v. John Summers case. In a 6-3 decision, the majority confirmed its previous holding. The Supreme Court first issued its decision on August 31, 2007 holding a premises owner could be a general

U.S. v. Harris - Round II: Government Wins Summary Judgment Against Plaintiff Attorney for CMS Proceeds

Roy A. Franco — Thu, 09 Apr 2009 14:36:39 GMT

This is an important follow-up to the U.S. v. Harris decision that I reported in January 2009 . As you will recall, the plaintiff attorney in that case ignored letters from CMS to make Medicare whole from settlement proceeds he received in a particular case involving a Medi

UPDATE: Iowa Court Says Employer Pays for Medical Exam, No Work Injury Required

H. Edwin Detlie — Wed, 01 Apr 2009 16:05:40 GMT

A decision of the Iowa Court of Appeals that was filed in August of 2008 has now been published. While much of the decision is routine, one portion of the decision is interesting. In Dodd v. Fleetguard , 759 N.W.2d 133 (Iowa Ct. App. 2008), the Iowa Court of Appeals held that a claimant d

Post Back Surgery Deaths Linked to Opioids

California Workers' Compensation Institute — Thu, 09 Apr 2009 03:54:48 GMT

A new study published in the leading subspecialty journal for the treatment of spinal disorders finds that pain medications are involved in more than 20 percent of injured worker deaths that occur in the years following spinal fusion surgery for low back pain, underscoring growing concerns about lo

Texas Workers' Compensation Certified Network Requirements

Stuart D. Colburn — Wed, 08 Apr 2009 10:24:31 GMT

The Texas Department of Insurance, Life, Health, and Licensing Program-General Management sent a letter dated March 30, 2009 to carriers and certified workers' compensation healthcare networks. In the letter, the Department of Insurance misinterprets Section 8.016 in HB-7. The letter is somewhat co

50 Best Blogs on Wellness, Women's Interests, and Work-Life Balance

Margaret M. DiBianca — Sun, 05 Apr 2009 12:50:59 GMT

Delaware Employment Law Blog is pleased to add the following 50 blogs to its "Best of" Blogroll. The common premise among these blogs is the idea that well-rounded employees are happier employees and happier employees perform better for their employer, who, in turn, enjoys more succ

The WorkLife Initiative: Protecting and Promoting Worker Health and Well-Being

NIOSH — Fri, 03 Apr 2009 03:01:11 GMT

Preserving and improving the health and well-being of people who work is a goal shared by workers, their families, and their employers. Illness and injury, whether resulting from work or off-work activities, reduces income, quality of life, and opportunity for both the affected workers and those de

Cal. Comp. Cases April Advanced Postings 4/8/2009

California Compensation Cases Staff — Wed, 08 Apr 2009 01:56:10 GMT

The second batch of advanced postings for the upcoming April 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Larson's Blogworthy Cases of the Week 4/3/2009 - Texas Supreme Court's Decision in Entergy Gulf States v. Summers

Thomas A. Robinson — Fri, 03 Apr 2009 20:47:46 GMT

Each week I'll be blogging about recent, interesting workers' compensation cases. I invite everyone to share their thoughts about these cases. Supreme Court of Texas Revisits Its Entergy Decision: Deeply-Divided Court Affirms Its 2007 Determination That Premises Owner Can Also be

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/6/2009)

Robin E. Kobayashi — Fri, 03 Apr 2009 21:13:31 GMT

Cal. Comp. Cases April Advanced Postings 4/3/2009

California Compensation Cases Staff — Fri, 03 Apr 2009 10:56:19 GMT

The first batch of advanced postings for the upcoming April 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Social Media Perspectives for the Insurance Industry

Rebecca A. Shafer — Tue, 31 Mar 2009 20:19:27 GMT

On Thursday, March 19, 2009 a webinar was held covering social networking aspects for the insurance industry. Listed below is a wealth of information, many websites, contacts for the presenters and where to find their full presentations. The thrust of the webinar focused on social networking bei

California State Assembly Proposes Extension of Cancer Presumption

Goldman, Magdalin & Krikes, LLP — Tue, 31 Mar 2009 02:25:05 GMT

California Assemblyman Joe Coto (D-San Jose) has introduced a Bill which would amend Labor Code section 3212.1, commonly known as the firefighter’s presumption. Existing law allows a presumption of compensability extending for three months for each full year of service after severance from em

Is Psychiatry More Corrupt Than Other Medical Specialties?

Alison Bass — Mon, 30 Mar 2009 15:26:09 GMT

At a talk I gave Wednesday at George Washington University, someone in the audience asked why there seemed to be an inordinate number of psychiatrists on the take to the drug industry. Was it something about the specialty of psychiatry itself or the individuals involved? I have o

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 4/1/2009)

Robin E. Kobayashi — Wed, 01 Apr 2009 03:41:55 GMT

Larson's Blogworthy Cases of the Week 3/27/2009

Thomas A. Robinson — Sat, 28 Mar 2009 18:26:34 GMT

California Lien Claimant Strategies for Notices of Dismissal for Failure to Appear

Richard J. Boggan, B.S.L., J.D. — Sat, 28 Mar 2009 03:10:50 GMT

I have been receiving at least three to four requests a week in the last two months from different medical providers (Lien Claimants) who have received a “Notice of Intention to Dismiss Lien Claim” for failure to appear at various hearings, other then Lien Conferences and or Lien Trials

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/30/2009)

Robin E. Kobayashi — Mon, 30 Mar 2009 03:14:03 GMT

Millions of Dollars Owed by Insurance Carriers at Stake if Calif. Senate Bill Becomes Law

Reid L. Steinfeld — Fri, 27 Mar 2009 14:35:15 GMT

California Senate Bill 403 proposes to change the statutory filing deadline outlined in Labor Code § 4903.5 and as interpreted by Workers' Compensation Appeals Board decisions. Currently the statute has allowed a “tolling” of the six months to file a lien after the case between the

Cal. Comp. Cases March Advanced Postings 3/26/2009

California Compensation Cases Staff — Thu, 26 Mar 2009 19:45:47 GMT

The second batch of advanced postings for the upcoming March 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

First Joint Effort of ABA’s Two Workers’ Compensation Sections - A Success in New Orleans

Diana L. Wann and Richard J. Swanson — Mon, 23 Mar 2009 15:33:17 GMT

The two workers’ compensation committees of the Labor and Employment Law and Tort and Insurance Practice sections joined efforts in the midwinter meeting and pulled off a successful and well-attended program from March 10th through 13th. The leadership of the two sections were so pleased with

Texas Commissioners Testify Before House Business and Industry Committee

Stuart D. Colburn — Wed, 25 Mar 2009 20:05:25 GMT

On February 3, 2009, the House Business and Industry Committee held its first hearing with invited testimony regarding workers’ compensation. Commissioner Bordelon and Commissioner Geeslin addressed their respective state agencies in regards to workers’ compensation. Both Co

Frances Perkins: The Woman Behind the New Deal

AFL-CIO Now Blog — Tue, 24 Mar 2009 16:57:26 GMT

This blog originally appeared on AFL-CIO Now Blog . Reprinted with permission. When Frances Perkins stepped into her office as labor secretary, the first-ever woman in a presidential Cabinet, her welcoming committee consisted of this: A huge cockroach. It’s a fair guess

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/26/2009)

Robin E. Kobayashi — Wed, 25 Mar 2009 02:21:49 GMT

Larson's Blogworthy Cases of the Week 3/20/2009

Thomas A. Robinson — Sat, 21 Mar 2009 17:04:08 GMT

"Not Enough"? Unsettled Issues Concerning Fee-Shifting Liability Under Section 28(b) of the Longshore Act

Joshua T. Gillelan II — Tue, 10 Mar 2009 13:36:47 GMT

In Success Is Not Enough to Obtain a Fee Under § 28(b) , 1 Paul B. Howell addresses old and new jurisprudence on the conditions for employer liability for claimants’ attorneys’ fees under § 28 (b) of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C

Web 2.0 for the Insurance Industry (and the Rest of the World)

Kevin M. LaCroix — Mon, 23 Mar 2009 00:39:34 GMT

Early in my career when I was doing legal work for London insurers, we communicated with our clients using telex , a technology that is to communications what smacking clothes on a rock is to cleaning fabric. It seemed a huge leap when we progressed to faxes, even though the pages rolled o

Texas SIBs - Appeals Panel Decision 080713

Stuart D. Colburn — Mon, 10 Nov 2008 13:34:26 GMT

In a previous hearing, the hearing officer found the claimant was not entitled to supplemental income benefits (SIBs) quarters one through eight. The Appeals Panel affirmed. The claimant sought judicial review and a jury held the claimant was not entitled to quarters one thru three but was enti

Texas Lawmakers Consider Bill Requiring Non-Subscribers to Submit Additional Information to State Agency

Stuart D. Colburn — Thu, 19 Mar 2009 02:04:57 GMT

The Business and Industry Committee of the House of Representatives addressed their first workers’ compensation bill. Representative Leibowitz presented HB 35 requiring non-subscribing employers to submit additional information to the Texas Department of Insurance, Division of Workers&r

Texas: Designated Doctor - AP Decision 080706

Stuart D. Colburn — Tue, 28 Oct 2008 10:48:41 GMT

The hearing officer found in accordance with the first designated doctor who certified maximum medical improvement on the date of the examination on November 4, 2005 with a twenty-six percent (26%) impairment rating. Subsequently, the claimant underwent additional treatment and a Contested Case Hea

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/23/2009)

Robin E. Kobayashi — Mon, 23 Mar 2009 01:40:58 GMT

Clara Lemlich Public Service Awards 2009 Recipients: Hon. Hillary R. Clinton, Barbara Levine, Hon. Edward Pitts, Troy Rosasco, Randi Weingarten

Robin E. Kobayashi — Fri, 20 Mar 2009 00:11:50 GMT

The Triangle Shirtwaist Factory Fire Memorial has announced the 2009 recipients of the Clara Lemlich Public Service Awards for their work and efforts in calling attention to and participating in the reform of workers’ compensation and improvement of occupational safety in New York State

Featured Blogger - InsureBlog: COBRA Part III: Ohio & COBRA/ARRA -- More Questions Than Answers

Henry (Hank) Stern — Sat, 14 Mar 2009 03:19:16 GMT

In looking through the latest missive from the (Ohio) Department of Insurance , I was drawn to this innocuous-looking requirement: " Employers are required to send a notice to former employees so that former employees can elect to continue their group coverage and receive the subsidy .&quo

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 3/18/2009)

Robin E. Kobayashi — Wed, 18 Mar 2009 01:41:48 GMT

Cal. Comp. Cases: March Advanced Postings 3/17/2009

California Compensation Cases Staff — Tue, 17 Mar 2009 04:18:41 GMT

The first batch of advanced postings for the upcoming March 2009 issue of California Compensation Cases is now available on Lexis. These are all WCAB Decisions Denied Judicial Review (aka "writ denieds"). If you're a lexis.com subscriber, you can link to the cases to read the full

Featured Blogger - InsureBlog: COBRA Part II: Spendulus Update

Henry (Hank) Stern — Sat, 14 Mar 2009 03:10:33 GMT

FoIB Bill Montgomery, CIC, points us to another "deal killer" in this bill [i.e., the COBRA provisions of the American Recovery and Reinvestment Act]. According to a memo from United Healthcare, " the subsidy provisions apply to state continuation coverage that is comparable to f

Larson's Blogworthy Cases of the Week 3/13/2009

Thomas A. Robinson — Sat, 14 Mar 2009 01:57:26 GMT

California Workers' Compensation Cases Roundup 3/13/2009

California Compensation Cases Staff — Fri, 13 Mar 2009 12:05:02 GMT

CALIFORNIA COMPENSATION CASES FEBRUARY 2009 CONTENTS OF THIS ISSUE Appellate Court Compensation Cases Benson v. W.C.A.B. (1st--A120462) 74 Cal. Comp. Cases 113 Permanent Disability--Apportionment--Wilkinson Rule--Court of Appeal affirmed decision in Benson v. The Perma

Featured Blogger - InsureBlog: Part I: COBRA Subsidy? Maybe Not . . .

Henry (Hank) Stern — Thu, 12 Mar 2009 10:06:53 GMT

Washington works in strange ways, if you can say it works at all. One part of the recent legislation, which no one read before voting on, provides subsidies for COBRA. Or does it? We found several resources that have their take on the subsidy. Of course, like anything else having t

Texas Supreme Court Hears Oral Arguments in SORM v. Lawton

Stuart D. Colburn — Thu, 12 Mar 2009 20:41:29 GMT

On March 11, 2009, the Texas Supreme Court heard oral arguments in State Office of Risk Management v. Lawton . Thomas Lipovski, Assistant Solicitor General argued on behalf of the Petitioner, State Office of Risk Management (SORM). Stuart Lewis argued the case for Respondent,

Mother's Little Helper

Julius Young — Thu, 05 Mar 2009 23:04:01 GMT

"Mother needs something today to calm her down And though she's not really ill There's a little yellow pill She goes running for the shelter of a little mother's helper And it helps her on her way, gets her through her busy day...." -The Rolling Stones Americans use a lot of pills.

CMS Provides Additional Information Regarding Section 111 Compliance at Fifth National "Town Hall" Teleconference

Mark Popolizio — Wed, 04 Mar 2009 20:43:26 GMT

On February 25, 2009, the Centers for Medicare and Medicaid Services (CMS) held its fifth national “Town Hall” teleconference in conjunction with the agency’s continued implementation of its Mandatory Insurer Reporting (MIR) requirements under Section 111 of the Medicare, Medicaid

Larson's Blogworthy Cases of the Week 3/6/2009

Thomas A. Robinson — Fri, 06 Mar 2009 11:41:27 GMT

The Big Business of Nano Litigation: Attorneys Are Hard at Work Protecting Nanotech Makers—What About Consumers?

Rick Weiss — Mon, 02 Mar 2009 11:17:49 GMT

A recent conference examining the legal protections corporations are taking to defend themselves in the event their products turn toxic highlights regulatory questions. It suddenly struck me while attending a two-day nanotechnology conference in Washington last week: I should have gone to

Featured Blogger - Molly DiBianca: Online Social Networks FAQs by Employers

Margaret M. DiBianca — Wed, 25 Feb 2009 02:14:48 GMT

Employers are using Facebook, MySpace, and other online social networking sites (OSNs), to monitor employees for a variety of reasons . And arguments can be made in support of and against this new application of technology. For those employers who want to use the data posted

Iowa Reaffirms Manifestation Rule for Injury Dates, Discovery Rule for Statutes, and Finds That Dates Can Be Different

H. Edwin Detlie — Sun, 22 Feb 2009 11:13:55 GMT

In a long opinion, the Iowa Supreme Court reaffirmed their previous rulings on figuring injury dates and on calculating the time a claimant has to file a Petition with the Iowa workers’ compensation claim. This case involved a woman who had worked for Larson Manufacturing for man

Larson's Blogworthy Cases of the Week 2/27/2009

Thomas A. Robinson — Sat, 28 Feb 2009 11:36:09 GMT

Featured Blogger - Molly DiBianca: Risks for Employers Who Use Facebook to Investigate Employee Fraud

Margaret M. DiBianca — Sun, 22 Feb 2009 21:34:30 GMT

Featured Blogger - Molly DiBianca: How Employers Are Putting Online Social Networking Sites to Work

Margaret M. DiBianca — Sun, 22 Feb 2009 14:05:20 GMT

Online social networks (OSNs), such as Facebook and MySpace, are becoming increasingly common tools in employers’ arsenals . Employers have found a number of ways to use technology to their advantage. The various scenarios span from pre-employment ( recruiting ), to poten

New FDA Program to Restrict Opioid Prescriptions

California Workers' Compensation Institute — Mon, 23 Feb 2009 19:02:35 GMT

Amid growing concern over the overuse and abuse of powerful narcotic painkillers, the Food and Drug Administration (FDA) has announced plans to adopt a massive new program to better control the prescribing, dispensing and distribution of extended-release opioids such as oxycontin, fentanyl (in

Stimulus Bill Moves America Closer to Practicing Evidence-Based Medicine

Nick Anthis — Wed, 18 Feb 2009 17:03:48 GMT

As part of the stimulus package passed by Congress last Friday ( H.R. 1: American Recovery and Reinvestment Act of 2009 ), the U.S. will be ramping up efforts to encourage evidence-based medicine. This is a very good thing. Specifically (from The New York Times ): The $787 billio

Larson's Blogworthy Cases of the Week 2/20/2009

Thomas A. Robinson — Sun, 22 Feb 2009 00:17:51 GMT

Evidence Based Medicine, Round 2

Julius Young — Thu, 19 Feb 2009 19:31:05 GMT

Here in California we have some experience with "evidence based medicine". After all, that was the premise for adoption of medical treatment standards in the California workers' comp system. The initial standards adopted were the "ACOEM guidelines". Those are s

When Is Positional Risk Not Positional Risk? Iowa Court Gets Do Over

H. Edwin Detlie — Tue, 17 Feb 2009 18:22:31 GMT

The Iowa Court of Appeals has once more attempted to address the issue of positional risk, but has come out with an outcome which contradicts their decision from ten months ago, in April of 2008. The "positional risk" doctrine says that an injury at work is covered, even if the in

Longshore Concurrent Jurisdiction Update - 50 States & D.C. Survey

BRBS Longshore Reporter Staff — Mon, 16 Feb 2009 23:52:55 GMT

There have been several important developments in the area of concurrent jurisdiction, particularly in Illinois, Ohio and Pennsylvania. In addition, several readers, including Larry Postol of Seyfarth Shaw, L.L.P. and Tom Langan of Weeks Marine, Inc., have answered the

Ninth Circuit: Insured's Waiver of Insurer's Credit for Workers' Compensation Does Not Negate Coverage

Tred R. Eyerly — Thu, 12 Feb 2009 15:04:22 GMT

Does the insured breach the policy by waiving the insurer's right to a credit for workers' compensation? In Travelers Prop. Cas. Co. of Am. v. Conoco Phillips Co. , No. 06-15664, 2008 U.S. App. 21871 (9th Cir. Oct. 20, 2008), the Court held the policy was not breached by the insured's waiver.

Featured Blogger - Jonathan Mook: The ADA Amendments Act: Final Thoughts and Compliance Tips

Jonathan R. Mook — Fri, 30 Jan 2009 01:57:03 GMT

Over the last week, I have discussed a number of the major changes to federal disability law resulting from the enactment of the ADA Amendments Act of 2008 . The expansion in the definition of disability under the statute will impact both employers and employees alike as the number of

Larson's Blogworthy Cases of the Week 2/13/2009

Thomas A. Robinson — Sat, 14 Feb 2009 12:12:41 GMT

New Illinois Workers Comp Medical Fee Schedule for Outpatient Services

Brad Bleakney — Tue, 10 Feb 2009 20:04:55 GMT

New Rules and a new Medical Fee Schedule apply for maximum fees in hospital outpatient and ambulatory surgical centers under Illinois workers' compensation effective Feb. 1, 2009. (See: Illinois Workers Compensation Medical Fee Schedule Instructions and Guidelines for Treatment

California Workers' Compensation Cases Roundup 2/11/2009

California Compensation Cases Staff — Wed, 11 Feb 2009 21:08:09 GMT

Here's a roundup of cases to be covered in the upcoming January 2009 issue of California Compensation Cases . If you're a lexis.com subscriber to California Compensation Cases , simply click on the links below to access the cases. CALIFORNIA COMPENSATION CASES Vol. 74, No. 1 Jan

Larson's Blogworthy Cases of the Week 2/6/2009

Thomas A. Robinson — Mon, 09 Feb 2009 02:16:16 GMT

Calif. WCAB Opens Door to AMA Guides Rebuttal – But Is It Worth the Effort?

Richard M. Jacobsmeyer — Thu, 05 Feb 2009 14:35:25 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 2/6/2009)

Robin E. Kobayashi — Sat, 07 Feb 2009 00:26:49 GMT

CMS Announces “Query Access” System to Determine Medicare Entitlement for Non-Group Health Plans

Mark Popolizio — Wed, 04 Feb 2009 18:16:13 GMT

On January 22, 2009, CMS held its fourth national “Town Hall” teleconference in conjunction with the continued implementation of the agency’s Mandatory Insurer Reporting (MIR) requirements under Section 111 of the Medicare, Medicaid & SCHIP Extension (MMSEA). 1 &nb

Trickle Turns Into Torrent of Attorney Fee Denials

BRBS Longshore Reporter Staff — Mon, 02 Feb 2009 00:09:27 GMT

It is a rare situation indeed where a trickle of cases favorable to employers under the LHWCA (33 U.S.C.S. § 901 et seq.) turns into a torrent of case law that virtually eliminates an avenue of recovery for claimants. [The last may have been the cases which prohibited a claimant from reco

Calif. WCAB Issues Two En Banc Decisions Concerning the 2005 Permanent Disability Rating Schedule

California Compensation Cases Staff — Tue, 03 Feb 2009 19:04:50 GMT

The California Workers' Compensation Appeals Board has issued two en banc decisions today concerning the 2005 Permanent Disability Rating Schedule. Wanda Ogilvie v. City and County of San Francisco, Permissibly Self-Insured , filed and served on February 3, 2009. The Appeals Board held i

Larson's Blogworthy Cases of the Week 1/30/2009

Thomas A. Robinson — Mon, 02 Feb 2009 14:46:19 GMT

Featured Blogger - Jonathan Mook: The ADA Amendments Act: The Product of a Remarkable Bi-Partisan Coalition

Jonathan R. Mook — Thu, 29 Jan 2009 02:57:24 GMT

Like the original Americans with Disabilities Act of 1990, the ADAAA was the product of a broad coalition of Republicans, Democrats, disability rights advocates and employer and business groups coming together to enact legislation that they all could support. Many on both sides of th

CWCI Reform Monitoring Research Examines Temporary Disability Claim Experience

California Workers' Compensation Institute — Wed, 28 Jan 2009 19:46:28 GMT

CWCI's latest report in its research series tracking changes in California workers’ compensation following the enactment of 2004 reforms ( SB 899 ) shows that although the average amounts of TD paid on lost-time claims at 12 and 24 months are still less than they were before the reforms

Featured Blogger - Jonathan Mook: The ADA Amendments Act: What Are Major Life Activities and What Is “Substantially” Limiting?

Jonathan R. Mook — Wed, 28 Jan 2009 01:29:45 GMT

Under the requirement of having an actual disability in both the original ADA and the ADA Amendments Act , a physical or mental impairment must substantially limit what is termed a “major life activity.” Under the original provisions of the ADA, passed in 1990, Con

Featured Blogger - Jonathan Mook: The ADA Amendments Act: Expanding the Definition of Disability

Jonathan R. Mook — Tue, 27 Jan 2009 01:46:44 GMT

As we have learned, the major purpose of the bipartisan ADA Amendments Act of 2008 is to liberate the definition of “disability” from the narrow definition adopted by the courts. How does the ADAAA do this? The answer is in several ways. To listen for

Louisiana Supreme Court Gives Lien Claimants in PPO Disputes Their Day in Court

Bray Williams — Tue, 27 Jan 2009 19:40:39 GMT

The Louisiana Supreme Court held in Broussard Physical Therapy v. Family Dollar Stores, Inc. that the office of workers’ compensation has the exclusive subject matter jurisdiction over disputes between health care providers and employers/insurers for payment of the health care prov

Featured Blogger - Jonathan Mook: The ADA Amendments Act: What It Means for You

Jonathan R. Mook — Tue, 20 Jan 2009 23:48:08 GMT

On New Year’s Day, the most significant piece of civil rights legislation in at least the last fifteen years took effect: The ADA Amendments Act of 2008 . The statute does nothing less than specifically reject four Supreme Court decisions, which previously formed the bedrock for

Defense Base Act Practice: We're Not in Kansas Anymore

Roger A Levy — Tue, 19 Aug 2008 21:48:58 GMT

In 1988 or thereabouts, I received a telephone call from a claims manager at an insurance company that was well known to me but for which I had never done any work. Because they were looking for new counsel due to the death of very able former counsel, he asked me if I would be interested in

Illinois Workers' Comp Lien and Employer's Uninsured Motorist Coverage

Brad Bleakney — Tue, 27 Jan 2009 01:18:22 GMT

The Illinois Supreme Court recently decided that a workers’ comp lien does not apply to a recovery on an employer’s uninsured motorist policy under the plain meaning of Illinois workers’ compensation lien statute since there was no recovery from a 3rd party. T

Larson's Blogworthy Cases of the Week 1/23/2009

Thomas A. Robinson — Sun, 25 Jan 2009 23:47:29 GMT

Are You LinkedIn? The Benefits of Online Social Media for Lawyers

David A. Barrett — Thu, 22 Jan 2009 11:08:28 GMT

Hello Counsel. I understand there is a new LinkedIn sign in module on the LexisNexis Workers' Compensation Law Center, and I wanted to take a brief moment to share some information on the benefits of LinkedIn for practicing lawyers. In 2008, there were 13,000,000 registered users and at

Texas: 2008 End of the Year Statistical Information

Stuart D. Colburn — Wed, 21 Jan 2009 16:47:03 GMT

The end of the year brings new statistical analysis to workers’ compensation costs affecting the nation as a whole and Texas specifically. The NCCI recently reported the medical costs per claim jumped 344.1% in the last twenty years. Medical CPI increased 175.2% during this t

Prosecuting Worker Endangerment: The Need for Stronger Criminal Penalties for Violations of the Occupational Safety and Health Act

David M. Uhlmann — Fri, 16 Jan 2009 17:23:55 GMT

The American Constitution Society for Law and Policy is pleased to distribute an Issue Brief by David M. Uhlmann , the Jeffrey F. Liss Professor from Practice and the Director of the Environmental Law and Policy Program at the University of Michigan Law School, entitled Prosecuting Worker En

Law Review Spotlight: Can't Settle, Can't Sue: How Congress Stole Tort Remedies From Medicare Beneficiaries

Roy A. Franco — Tue, 20 Jan 2009 20:45:36 GMT

The Goldberg Segalla law firm is helping the Medicare Advocacy Recovery Coalition (MARC) identify legal information on the impact of MSP law. There's a lengthy article from the Akron Law Review ( "Can't Settle, Can't Sue: How Congress Stole Tort Remedies From Medicare Beneficiaries," b

2009 Proposed Revisions to California Qualified Medical Examiner Regulations

Calif. Society of Industrial Medicine & Surgery — Sun, 18 Jan 2009 23:15:07 GMT

Senate Bill 228 (Alarcón, ch. 639, Stats. 2003) and Senate Bill 899 (Poochigian, ch. 34, Stats. 2004), among others, changed the workers' compensation laws in California with respect to the roles of treating physicians, Agreed Medical Examiners (AMEs) and Qualified Medical Evaluators (QM

California: DFEC Expert Report and Testimony Can Be Reimbursable Even If It Is Not Admissible

Goldman, Magdalin & Krikes, LLP — Sat, 17 Jan 2009 00:25:41 GMT

Joey Costa v. Hardy Diagnostic and State Compensation Insurance Fund: Round Three In a notable Opinion and Decision on Reconsideration, a three member panel of the WCAB held that the costs for vocational rehabilitation expert evidence, like medical legal costs, are reimbursable if they were re

Medicare Set-Aside (MSA) Account Administration: When to Call In the Professionals

Douglas M. Brand, CSSC — Wed, 21 Jan 2009 02:12:20 GMT

Many times, one of the last of many difficult decisions to be made in the settlement process is how to administer the Medicare Set-Aside (MSA) monies. Unfortunately, this decision is perhaps the least understood of all the MSA issues. How does each choice protect the interests of M

Featured Blogger - Teddy Snyder: Do You Speak MSA?

Teddy Snyder — Sat, 10 Jan 2009 23:42:17 GMT

Hello, as the "featured blogger" this week, I'll be writing about Medicare Set-Asides. If you have any questions for me, please contact me at TSnyder@ringlerassociates.com and I'll get back to you as soon as possible. To listen for free to my podcas

A Conference on the Defense Base Act, Washington, D.C. - Part Two

Thomas A. Robinson — Fri, 07 Nov 2008 10:48:08 GMT

This is Part Two ot a two-part blog summarizing the events of the recent A Conference on the Defense Base Act, October 23-24, 2008, Washington, D.C. To read Part One, click here . Day Two of the conference allowed for considerably more give-and-take between the presenters and the at

Texas Peformance Based Oversight Preliminary Review of Insurance Carriers and Health Care Providers

Stuart D. Colburn — Tue, 20 Jan 2009 00:33:15 GMT

AUSTIN, TX - The Texas Division of Workers' Compensation has sent its initial Performance Based Oversight (PBO) results last week. It is important to review the initial findings for any errors. The Texas Legislature requires the Division of Workers’ Compensation to implemen

Larson's Blogworthy Cases of the Week 1/16/2009

Thomas A. Robinson — Sat, 17 Jan 2009 00:36:34 GMT

Featured Blogger - Teddy Snyder: What About Those Attorney Fees?

Teddy Snyder — Sat, 10 Jan 2009 23:56:15 GMT

Featured Blogger - Teddy Snyder: MSA Account Administration

Teddy Snyder — Sat, 10 Jan 2009 23:48:18 GMT

Featured Blogger - Teddy Snyder: It Saves Money? It’s Free? Sign Me Up!

Teddy Snyder — Sat, 10 Jan 2009 23:37:56 GMT

Featured Blogger - Teddy Snyder: New S-CHIP Law: Medicare Secondary Payer Law May Get Some Respect At Last

Teddy Snyder — Sat, 10 Jan 2009 23:29:34 GMT

Larson's Blogworthy Cases of the Week 1/9/2009

Thomas A. Robinson — Sun, 11 Jan 2009 00:10:20 GMT

U.S. v. Harris: Government Has Claim Against Plaintiff Attorney for CMS Proceeds

Roy A. Franco — Fri, 09 Jan 2009 12:17:55 GMT

I am attaching a recent ruling from the United States District Court for the Northern District of West Virginia [ U.S. v. Harris ]. In this case, the Court denied defendant’s motion to dismiss for failure to state a cause of action; and as a consequence of that ruling, the matter is

New Penalty of $1,000 Per Day Per Claimant—Have We Got Your Attention?

Teddy Snyder — Mon, 11 Aug 2008 17:04:54 GMT

Have you heard about the new S-CHIP law (P.L. 110-173)? Sort of hidden in sec. 111(8) are new provisions for reporting to the government when your client’s case concludes. This goes into effect on July 1, 2009. The new provision is an addition to the Medicare Secondary Payer

Change: The Need to Move the Department of Labor Into the 21st Century

BRBS Longshore Reporter Staff — Tue, 06 Jan 2009 02:23:02 GMT

With the presidential election over, Americans look forward to positive change in the years ahead. Unfortunately, the U.S. Department of Labor seems stuck somewhere in the early 20th century with regard to electronics and communications. The reluctance of the Department of Labor to move

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 1/5/2009)

Robin E. Kobayashi — Tue, 06 Jan 2009 01:43:23 GMT

California Workers' Compensation Cases Roundup 1/8/2009

California Compensation Cases Staff — Thu, 08 Jan 2009 02:48:08 GMT

Here's a roundup of cases to be covered in the upcoming December 2008 issue of California Compensation Cases . CALIFORNIA COMPENSATION CASES Vol. 73, No. 12 December 2008 Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related In

2007 Work Injury and Illness Data: California v. Nationwide

California Workers' Compensation Institute — Wed, 31 Dec 2008 18:27:25 GMT

The total number of nonfatal work injury and illnesses reported in California edged up slightly in 2007, and the state accounted for nearly one out of every eight cases reported by private sector employers nationwide according to data from the state Division of Labor Statistics and Research (DLS&am

Texas DWC Closes Missouri Field Office

Stuart D. Colburn — Sun, 11 Jan 2009 01:21:57 GMT

It appears the DWC has decided to consolidate the number of field offices in the greater Houston area. One of our attorneys was informed earlier this week the Missouri City field office is scheduled to close in the next few months. Although a specific closing date was no

Larson's Blogworthy Cases of the Week 1/2/2009

Thomas A. Robinson — Mon, 05 Jan 2009 01:22:05 GMT

Top 10 2008 Developments in California Workers' Comp

Julius Young — Tue, 30 Dec 2008 21:08:34 GMT

As always, the huge California workers' comp industry continues to be an area of great controversy. In 2008 the 2003 and 2004 reforms continued to settle in, but there were important new developments. There are many possible items for a Top 10 list for California workers' comp i

Year End Wrap Up: Larson’s Top Blogworthy Cases for 6/2008 through 12/2008

Thomas A. Robinson — Tue, 30 Dec 2008 20:43:44 GMT

These are my selections for the top workers' compensation cases during the last six months of 2008. I invite everyone to share their thoughts about these cases. To post a comment to this blog, you'll need to register first. If you're already registered, simply logon in order to post

Minnesota WCAC Commissioner Sviggum Proposes to Strip Benefits From Undocumented Workers

Jerry W. Sisk — Mon, 29 Dec 2008 14:03:32 GMT

The Minnesota Worker's Compensation Advisory Council ( WCAC ), which advises the commissioner of the Department of Labor and Industry about workers’ compensation matters, recently met to discuss proposed changes to the workers’ compensation statutes. At the meeting, DOL

Texas Supreme Court Overrules Continental Casualty Co. v. Downs

Stuart D. Colburn — Mon, 22 Dec 2008 12:08:12 GMT

On December 19, 2008, the Texas Supreme Court rendered its decision in Southwestern Bell Telephone Co. v. Mitchell and overruled its prior decision in Continental Casualty v. Downs , 81 S.W.3d. 803 , (Tex. 2002). As you recall, the 2001 decision in Downs found a carrier waived its

Texas Mileage Reimbursement Rate Effective 1/1/2009

Stuart D. Colburn — Wed, 31 Dec 2008 18:39:56 GMT

Effective January 1, 2009, the mileage reimbursement rate decreases to $ .55 cents.

Larson's Spotlight: Sexual Harassment Claims and Workers’ Compensation Exclusivity

Thomas A. Robinson — Wed, 24 Dec 2008 02:21:20 GMT

Skin burns from contact with hot water or cooking oil, broken bones from falls on slippery floors, soft tissue injuries from lifting or moving heavy objects—these are the sorts of injuries that are typically associated with work in a busy restaurant. A restaurant worker should not

Larson's Blogworthy Cases of the Week 12/26/2008

Thomas A. Robinson — Sun, 28 Dec 2008 23:15:13 GMT

LexisNexis® Mealey's™ Daily Legal News Podcast: 2008 Year in Review Part I

LexisNexis Workers' Compensation Law Center Staff — Wed, 24 Dec 2008 13:17:22 GMT

The LexisNexis® Mealey's™ Daily Legal News Podcast was recently recognized by the ABA Journal as being one of the top legal podcasts. Click below to listen to a summary of stories from the legal news desk and reported in the first half of 2008 by LexisNexis® Mealey's™ pub

4th International Forum on Disability Management: Breaking Down Barriers Together

International Forum on Disability Management — Thu, 24 Jul 2008 12:07:58 GMT

Dealing with the vocational capacity of employed citizens who are unable to work as a result of an accident or illness is the yardstick by which a “healthy“ society is measured – especially when older people remain in employment as a result of the demographic development. The rete

Physician Networks in California Workers’ Comp Following Reform

California Workers' Compensation Institute — Wed, 17 Dec 2008 16:45:03 GMT

An increasing share of medical care for injured workers in California is being provided by medical networks according to a new Institute study, which shows that in accident year (AY) 2006, network providers accounted for almost two-thirds of all workers' compensation first-year physician-based outp

Larson's Blogworthy Cases of the Week 12/19/2008

Thomas A. Robinson — Sat, 20 Dec 2008 20:42:25 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 12/15/2008)

Robin E. Kobayashi — Tue, 16 Dec 2008 01:31:22 GMT

Personal Pleasure and the "Personal Comfort" Defense in Oregon

Brad Garber — Thu, 11 Dec 2008 17:09:56 GMT

Under ORS 656.005(7)(b)(B), a compensable injury does not include “[i]njury incurred while engaging in or performing, or as the result of engaging in or performing, any recreational or social activities primarily for the worker’s personal pleasure.” The defense was employ

The Postville Immigration Raid: A Manmade Disaster

Paul J. McAndrew, Jr. — Wed, 10 Dec 2008 18:58:21 GMT

Postville at the time of the 2000 census had a population of 2273. At the time of the raid, the Agriprocessors meat-packing plant was far and away Postville’s largest employer, with reportedly over 900 employees. On the morning of Monday, May 12, 2008, United States Immigration and Custom

Larson's Blogworthy Cases of the Week 12/12/2008

Thomas A. Robinson — Sun, 14 Dec 2008 11:51:58 GMT

Using E-Verify Doesn't Protect Company From Immigration Raid

Texas Workforce Commission — Mon, 08 Dec 2008 11:28:45 GMT

Howard Industries, a manufacturer of electrical products located in Mississippi , is a recent example of a business targeted for immigration enforcement, despite using an employment verification system run by the federal government. U.S. Immigration and Customs Enforcement agents arrested 5

Larson's Blogworthy Cases of the Week 12/5/2008

Thomas A. Robinson — Sat, 06 Dec 2008 14:03:09 GMT

Workplace Bullying: 15 Things That Jerks at Work Usually Do

Margaret M. DiBianca — Wed, 03 Dec 2008 23:05:37 GMT

Jerks at Work. Nobody likes them. Everybody knows them. Jerks at Work are easy to identify--you know one when you see one. But for managers who want to eradicate the problem of workplace bullying, it may be difficult to identify just what it is that indicates the employee is

CWCI Study Examines California Workers’ Comp Inpatient Hospitalizations Following Reform

California Workers' Compensation Institute — Wed, 03 Dec 2008 18:53:14 GMT

A new California Workers’ Compensation Institute (CWCI) study shows a sharp reduction in the number of inpatient hospitalizations for California job injuries – including work-related back injuries -- between 2002 and 2006, coinciding with implementation of workers’ comp reforms an

Recent Longshore and Defense Base Act Cases (Posted 12/2/2008)

BRBS Longshore Reporter Staff — Wed, 03 Dec 2008 00:09:14 GMT

The following is a list of recent noteworthy decisions issued by the Benefits Review Board, the Fifth Circuit, and the Office of Administrative Law Judges that we'll be reporting in Release 699 of the Benefits Review Board Service Longshore Reporter (Matthew Bender): BRB DECISIONS

5 Costs of Coworker Bullying

Margaret M. DiBianca — Tue, 02 Dec 2008 01:26:45 GMT

Workplace bullying has been a hot topic since the release of the 2007 Zogby survey , which showed that 49% of American workers report that they've been the target of a bully's bad behavior. Employers have begun instituting tolerance training and implementing respectful-workplace poli

National Underwriter's Virtual Conference on the Future of Insurance, Including Workers’ Compensation

Thomas A. Robinson — Wed, 03 Dec 2008 22:51:40 GMT

National Underwriter (NU), a leader in property and casualty news, recently held a virtual conference & expo entitled “Facing the Future of Insurance.” One of the online tradeshow segments highlighted the risk management programs at the three finalists for NU’s second a

Court Rejects Ahlborn Method for Determining the Enforceable New York Workers' Compensation Lien and Future Payment Amounts

Roy A. Mura — Sat, 29 Nov 2008 21:53:19 GMT

In what appears to be a case of first impression, the Erie County Supreme Court has declined to apply the equitable considerations outlined in the United States Supreme Court Medicaid-lien case Arkansas Dept. Of Health and Human Servs. v Ahlborn (547 US 268 [2006]) to set (a) the amount of the

Larson's Blogworthy Cases of the Week 11/28/2008

Thomas A. Robinson — Sat, 29 Nov 2008 22:14:54 GMT

California EAMS: Top 10 FAQs re the OCR Forms

Colleen Casey — Wed, 26 Nov 2008 17:47:08 GMT

1. OCR Forms Mandatory Q: Are the new OCR forms mandatory now that the DWC Regulations are approved? A: Yes, the OCR forms became mandatory Nov. 17. An instruction manual for completing OCR forms can be found on the DWC website – www.dir.ca.gov/eams . There will be a thre

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 11/26/2008)

Robin E. Kobayashi — Wed, 26 Nov 2008 14:44:30 GMT

Recent Texas Appeals Panel Decisions (November 24, 2008)

Stuart D. Colburn — Mon, 24 Nov 2008 22:49:54 GMT

Recent Texas Appeals Panel Decisions (November 24, 2008) Appeals Panel Decision 080805 Issue: Designated Doctor and Impairment Rating The claimant was examined by the designated doctor who found a thirty-one percent (31%) impairment rating based on a strict interpretation of the Ame

California Workers' Compensation Cases Roundup 11/25/2008

California Compensation Cases Staff — Tue, 25 Nov 2008 18:30:59 GMT

Here's a roundup of cases to be covered in the upcoming November 2008 issue of California Compensation Cases . CALIFORNIA COMPENSATION CASES Vol. 73, No. 11 November 2008 Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related In

Larson's Blogworthy Cases of the Week 11/21/2008

Thomas A. Robinson — Sat, 22 Nov 2008 12:34:19 GMT

A Role Model for Wellness Programs: ING Direct

Margaret M. DiBianca — Sun, 16 Nov 2008 13:13:54 GMT

Delaware is one of several states that have implemented wellness and prevention programs. State employee wellness programs are often launched as pilots for broader health initiatives and as examples of best practices that it is hoped the private sector will follow. DelaWELL,

How Will Global Financial Meltdown (GFM) Affect Workers Comp - and You?

Specific Software Solutions — Sun, 16 Nov 2008 12:57:21 GMT

If you don't recognize the acronym "GFM," never fear. I'm not sure it's a common term, but it's one we've been using around our office lately. AcronymFinder.com says GFM can stand for, among other things, “gaming FM (radio)”, “general field marshal,” a

Illinois: Carpenter Fired for Religious Graffiti Not Entitled to Disability Pay

Brad Bleakney — Sun, 16 Nov 2008 10:57:56 GMT

An Illinois construction worker was working light duty following a legitimate work injury when he was fired for writing religious graffiti on a store room shelf. In a case of first impression, the Appellate Court considered the entitlement of a worker to temporary disability pay or temporary

Texas Court of Appeals Reverses Trial Court’s Judgment in Stop Loss Exception Proceeding

Stuart D. Colburn — Tue, 18 Nov 2008 00:07:23 GMT

Texas Court of Appeals Third District at Austin reverses the trial court's judgment in the stop loss exception proceeding and establishes that provider (hospital) must demonstrate that audited charges exceed $40,000.00 and that services provided are unusually costly and unusually costly extensive s

A Practical Approach to Responding to Subpoenas in California

Laughlin, Falbo, Levy & Moresi LLP — Sun, 16 Nov 2008 03:19:12 GMT

If you are a long-term reader of Laughlin, Falbo, Levy & Moresi's The Workers' Compensation Newsletter , you may know that we have periodically provided guidance on the handling of a subpoena received by the claims examiner, typically requesting that a copy of the claim file be produced. D

Larson's Blogworthy Cases of the Week 11/14/2008

Thomas A. Robinson — Sat, 15 Nov 2008 00:50:02 GMT

Employee/Contractor Distinction: Overview

Lex Larson — Thu, 13 Nov 2008 14:31:54 GMT

Last year, Senator Barack Obama introduced legislation entitled the " Independent Contractor Proper Classification Act of 2007 (S. 2044)," designed to address the problem, reported in various studies, of increasing misclassification of employees around the country. As discuss

The Potential Impact of the Obama Administration on the Labor and Employment Legal Landscape

Robert G. Lian, Jr. — Fri, 07 Nov 2008 02:26:15 GMT

The 2008 elections are now in the record books. With the election of Senator Obama to the presidency, and Democrats picking up as many as 20 seats in the House and at least five seats in the Senate, the new balance of power in Washington is likely to bring dramatic change in various areas of

2008 Election Results: Coloring the Nation in a Purple Haze

Karen C Yotis — Fri, 14 Nov 2008 19:28:55 GMT

According to President-elect Obama, we’re not Democrats or Republicans anymore, we’re Americans. Breathing in the air at Grant Park on election night, one could almost believe that Red states and Blue states were uniting under a new shade of purple. On the state level, any purple ti

California: $2.40 in Costs to Deliver $1 of Benefits: SDI Subsidizes Comp

Julius Young — Wed, 12 Nov 2008 10:38:49 GMT

Is California's State Disability Insurance system subsidizing California workers' comp? Are California workers partially funding the comp system? Yes, according to an important report unveiled this week by CHSWC (the California Commission on Health, Safety and Workers' Compensation). A lin

Obama Administration Promises More Efficient Social Security Disability Process

H. Edwin Detlie — Wed, 05 Nov 2008 13:12:09 GMT

As a candidate, Senator Barack Obama issued a white paper on the need to redesign the process for Social Security Disability and SSI applications. The comments are found in a lengthy Obama Disability Plan Fact Sheet . At page 7 of that statement, entitled "Streamline the Social

2008 Election Results: Coloring the Nation in a Purple Haze

Karen C Yotis — Fri, 14 Nov 2008 22:26:01 GMT

Larson's Blogworthy Cases of the Week 11/7/2008

Thomas A. Robinson — Sun, 09 Nov 2008 10:33:36 GMT

California Workers' Compensation Cases Roundup 11/6/2008

California Compensation Cases Staff — Wed, 05 Nov 2008 22:51:06 GMT

Here's a preview of cases to be covered in the upcoming October 2008 issue of California Compensation Cases . These cases will be available soon on lexis.com. Lexis.com subscribers are advised to set up email alerts to catch the latest cases. CALIFORNIA COMPENSATION CASES Vol

An Obama Presidency: What Would It Mean for California Workers' Compensation?

Julius Young — Thu, 06 Nov 2008 13:41:03 GMT

Polls can be wrong. But even as the popular vote appears likely to be tightening, the electoral college math appears to favor an Obama victory in Tuesday's election. (disclosure: I am an Obama contributor; my son, a paralegal at Cotchett, Pitre and McCarthy in Burlingame, is at the moment in Col

California Workers’ Comp Reform Outcomes: Changes in Medical Cost Containment Payments

California Workers' Compensation Institute — Thu, 23 Oct 2008 16:23:06 GMT

New data comparing post-reform growth in California workers' compensation medical cost containment (MCC) expenditures to the changes in overall medical payments per claim shows that while MCC costs have continued to rise, total medical benefits have reversed field, and after declining sharply

Illinois Workers Compensation Medical Fee Geozips

Brad Bleakney — Sun, 02 Nov 2008 10:50:16 GMT

Critics decry the current WC Medical Fee Schedule as not recognizing enough real present medical cost savings but, if they look at historical rates of medical cost inflation, they would see the true value of the present WC Medical Fee Schedule in capping the rate of medical inflation and not in the

A Conference on the Defense Base Act, Washington, D.C. – Part One

Thomas A. Robinson — Thu, 30 Oct 2008 22:28:10 GMT

This is Part One of a two-part blog summarizing the events of the recent A Conference on the Defense Base Act, October 23-24, 2008, Washington, D.C. To read Part Two, click here . Loyola Law School (New Orleans) and the United States Department of Labor, Office of Workers' Compensation Pr

The New Social Contract, Struggling to Be Born

Jane Genova — Wed, 29 Oct 2008 18:43:56 GMT

Which will win out: Litigation, regulation, or new kinds of unionism in cobbling together a 21st century social contract between employers and employees? The old one has been dead for a while. Given the vacuum, along with so many layoffs, it's no newsflash that the American workforce ai

Larson's Blogworthy Cases of the Week 10/31/2008

Thomas A. Robinson — Sun, 02 Nov 2008 16:05:09 GMT

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 10/29/2008)

Robin E. Kobayashi — Wed, 29 Oct 2008 20:02:01 GMT

Immigrant Worker Safety and Health

NIOSH — Tue, 28 Oct 2008 17:02:42 GMT

In the United States, immigrant workers constitute a significant proportion of the workforce. In 2006, 15% of workers were foreign-born and at least 6.3 million were undocumented. Immigrant workers face a disproportionate risk for workplace injury and illness. This is due to a con

MRSA Infection Control: Best Practices

Aruna Vadgama, RN, MPA, CSP, CPHQ, CPE, COHN-S, SR — Mon, 27 Oct 2008 16:35:51 GMT

Until recently, most people had never heard of staphylococcus aureus. Now methicillin-resistant staphylococcus aureus (MRSA) seems to be a topic of discussion for most households, workplaces and water coolers. Although there was fear among the general population, healthcare organizations,

Illinois Workers Compensation Annual Report 2007

Brad Bleakney — Mon, 20 Oct 2008 19:05:57 GMT

On October 2, 2008, the Commission released its Annual Report of Operations for 2007 . Highlights indicate that total claims were again down from previous year totals with a total of 56,685 new cases filed in FY2007 including both filed claims and pro se settlements. Total claims w

Illinois: Mandatory Overtime Included in Average Weekly Wage

Brad Bleakney — Wed, 24 Sep 2008 20:47:07 GMT

The 18 year battle over including or excluding overtime in calculation of the average weekly wage continues to rage. All Illinois benefits are derived from the workers "average weekly wage" in the 52 weeks preceding the accident. Accordingly, weekly earnings or weekly wages ha

Larson's Blogworthy Cases of the Week 10/24/2008

Thomas A. Robinson — Sat, 25 Oct 2008 20:04:52 GMT

Impact on Human Rights of Private Military and Security Companies’ Activities

Jose Gomez del Prado — Fri, 17 Oct 2008 13:08:16 GMT

There has been a remarkable expansion, in the last 20 years, of private military and security companies providing services in zones of low-intensity armed conflict and post-conflict situations such as Afghanistan, the Balkans, Colombia, the Congo, Iraq, Somalia or Sudan. These transnatio

Larson's Legislative Roundup 10/19/2008

LexisNexis Workers' Compensation Law Center Staff — Wed, 29 Oct 2008 01:29:54 GMT

California A.B. 2181 - Chapter No. 740. Requires an insured employer to file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation. Requires a self-insured employer, the state, or the insurer of an insured employer to file the rep

How to Detect Workers Compensation Fraud Committed by Healthcare Providers

CompEraser — Wed, 22 Oct 2008 12:31:50 GMT

Texas Appeals Panel Decision on Sub-claimants

Stuart D. Colburn — Fri, 17 Oct 2008 12:01:31 GMT

Appeals Panel Decision 080576-s Issue: Sub-claimants The hearing officer found that the subclaimant had legal standing to seek adjudication of this dispute pursuant to Texas Labor Code Section 409.0091. Under the facts of this case, Section 409.0091 does not apply because: (1) the claiman

Larson's Blogworthy Cases of the Week 10/17/2008

Thomas A. Robinson — Sun, 19 Oct 2008 02:07:09 GMT

1099 Compliance: Avoid Worker Misclassification and Save Your Company From Financial Disaster

Jeff Phelps — Wed, 15 Oct 2008 19:22:18 GMT

For much of our recent business history, the workforce in the United States has been predominantly comprised of full-time employees who receive long-term employment benefits, with many employees remaining employed by the same company for much of their careers. However, a new trend has em

Foundations of Proof, the Longshore Act Has a Humanitarian Purpose

Stephen C Embry — Thu, 16 Oct 2008 01:32:36 GMT

Two recent appellate court cases, Rainey and Barscz , serve to demonstrate the depth and breadth of the legal foundations favoring awarding benefits under the Longshore and Harbor Workers' Compensation Act in close cases (33 U.S.C.S. § 901 et seq.). In Rainey v. Director, OWCP and Elect

California: Rules, Customs and EAMS

Robert K. Norton — Wed, 15 Oct 2008 11:20:02 GMT

California’s Division of Workers’ Compensation (DWC) is modernizing its document management and calendaring systems with the implementation of the Electronic Adjudication Management System (EAMS). EAMS will have many consequences. This post concerns one of them; how automation will chan

How to Detect Inflated Claims That May Drive Your Workers Compensation Costs Into Orbit

CompEraser — Mon, 13 Oct 2008 17:35:23 GMT

Larson's Legislative Roundup 10/19/2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 19 Oct 2008 23:46:53 GMT

Larson's Blogworthy Cases of the Week 10/10/2008

Thomas A. Robinson — Sun, 12 Oct 2008 23:02:52 GMT

Texas: Outstanding MDR Cases

Stuart D. Colburn — Sat, 18 Oct 2008 11:40:24 GMT

On August 28, 2008, Downs Stanford, P.C. was contacted by the TDI-Division of Workers' Compensation with respect to resolution of outstanding MDR cases that are currently pending as a result of compensability (extent of injury) issues. It appears that the DWC is preparing to review these MDR fil

Texas Appeals Panel Decisions on Waiver

Stuart D. Colburn — Fri, 10 Oct 2008 12:31:23 GMT

Appeals Panel Decision 080678 Issue: Waiver The claimant alleged one injury. During the recorded statement, the carrier determined that a second injury should also be set up. Only one Notice of Denial of Compensability/Liability and Refusal to Pay Benefits (PLN-1) was filed. In the PLN-

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 10/10/2008)

Robin E. Kobayashi — Fri, 10 Oct 2008 01:26:25 GMT

Benefits Review Board Votes to Publish Defense Base Act Case: E.M. v. Dyncorp International

BRBS Longshore Reporter Staff — Fri, 19 Sep 2008 12:39:11 GMT

This just in. The Benefits Review Board has voted to publish E.M. v. Dyncorp International , BRB No. 08-0208, a case arising under the Defense Base Act. The BRB decision reversed the ALJ's order (2006-LDA-147) that had found the claimant's claim was untimely among other things. The ALJ

New Study Supports Early Return to Work for Injured Workers With Nonspecific Low Back Pain

Stuart D. Colburn — Sat, 14 Jun 2008 20:56:23 GMT

The American Family Physician , a peer review journal of the American Academy of Family Physicians, recently published an article entitled "Nonspecific Low Back Pain and Return to Work" authored by Drs. Nguyen and Randolph on November 15, 2007. This peer reviewed article is designe

Longshore Section 8(f) Relief and the Not-So Absolute Defense

Paul B. Howell — Mon, 16 Jun 2008 18:50:16 GMT

In the course of human events – mistakes are made. Many mistakes result from traps laid for the unwary. One of the biggest traps for employer representatives under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq. (LHWCA), is the failure to file a

Longshore Attorney's Fees Under Section 28(a): A New Battleground?

Stephen M. Vaughan — Tue, 17 Jun 2008 10:12:22 GMT

An unpublished Benefits Review Board opinion in March 2008 reflected the continuing turmoil in interpreting the attorney's fee provisions of the Longshore Act (33 U.S.C.S. § 901 et seq.). A year ago a divided Board interpreted § 28(b) (33 U.S.C.S. § 928(b)) in Andrepont v. Mur

CA WCAB Panel Relies on Pre-2005 Medical Records to Apply 1997 Schedule for Permanent Disability

Robin E. Kobayashi — Wed, 18 Jun 2008 10:33:47 GMT

A Calif. WCAB panel has found that, even though the doctor's report by itself didn't constitute substantial evidence to show existence of PD, pre-2005 medical records indicating the existence of PD were sufficient under the Cugini case for application of the 1997 Schedule. The cas

Illinois Fee Schedules Saving Employers More Than Predicted

Kim Presbrey — Fri, 20 Jun 2008 16:26:08 GMT

Employers across the United States have been crying to their state legislatures about the high cost of medical fees for injured workers. Many of the state legislatures have implemented medical fee schedules based upon Medicare. In Illinois the state legislature implemented a fee schedule based

Global Warming and Heat Related Injuries on the Job

Robin E. Kobayashi — Sun, 22 Jun 2008 14:01:54 GMT

As I sit here writing this blog in triple-digit heat, with my A/C going full blast, drinking out of my fifth plastic bottle of water for the day, and contributing to my growing carbon footprint, which is probably the size of the state of California by now, much to my dismay

OSHA-gate: The Story Behind the Story

Robin E. Kobayashi — Sat, 28 Jun 2008 23:42:01 GMT

Larson's Blogworthy Cases of the Week 8/15/2008

Thomas A. Robinson — Sun, 17 Aug 2008 22:38:28 GMT

"Uniform Names" for a Uniform System

Colleen Casey — Fri, 22 Aug 2008 17:03:30 GMT

New EAMS Optical Character Recognition documents will be available for use at "go – live" on 8.25.08. DWC will encourage use of these documents until mid-October at which time use of the documents will be mandatory. One major change in the filing of documents is use

Genetic Discrimination and California Workers' Compensation

Robert G. Rassp, Esq. — Sun, 07 Sep 2008 13:33:41 GMT

In late May 2008, Congress passed and the President signed into law the landmark H.R. 493 Genetic Information Nondiscrimination Act of 2008 (nicknamed "GINA"). This act amends federal law, including the Americans With Disabilities Act, Employment Retirement and Income Security Act o

Managing Claims for TTD and TPD Under Florida’s Post-October 2003 Statute

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. — Tue, 07 Oct 2008 23:27:37 GMT

Florida's workers' compensation statute provides for an employer to compensate an employee who suffers a compensable accidental injury in the course and scope of his employment during his recovery period, if the compensable condition is severe enough to cause the employee a disability that res

HR Spotlight: A Top 10 List for Handling Workers' Comp Claims

HR.BLR.com — Mon, 06 Oct 2008 20:31:14 GMT

"Learn your 'A, B, C's' - A lways B e C losing"--is the workers' compensation mantra of John P. Connolly, an attorney with the Chicago law firm of Brady, Connolly and Masuda. He argues that time is your enemy in most workers' comp claims. The longer they stay open, the more risk

Schwarzenegger’s Workers Compensation Vetoes: Saving Money at What Cost?

Clint Feddersen — Fri, 03 Oct 2008 13:25:10 GMT

On September 30, 2008, California Governor Arnold Schwarzenegger vetoed bills that would have helped remedy some of the problems caused by the reforms he ushered in on April 19, 2004, when new laws were introduced that have cost many injured workers their homes, possessions and careers, and s

How to Detect Workers Compensation Fraud Committed by the Injured Employee

CompEraser — Mon, 06 Oct 2008 18:31:33 GMT

Texas Supplemental Income Benefits (SIBS) & Dept. of Assistive and Rehabilitative Services (DARS)

Stuart D. Colburn — Tue, 07 Oct 2008 12:32:18 GMT

Review of Appeals Panel Decision No. 080809 Issue: Supplemental Income Benefits (SIBs); Department of Assistive and Rehabilitative Services (DARS) The Appeals Panel holds, “There is no authority which supports the proposition that a Hearing Officer may substitute his or

Larson's Blogworthy Cases of the Week 10/3/2008

Thomas A. Robinson — Sat, 04 Oct 2008 11:14:00 GMT

California: EAMS Is Here – Are You Prepared?

Robin E. Kobayashi — Thu, 02 Oct 2008 20:41:25 GMT

LexisNexis, publisher of California Compensation Cases, the most cited authority with both the Workers' Compensation Appeals Board and the courts, presents LexisNexis Total Practice Advantage TM for California Workers' Compensation. This new EAMS-compliant solution is organized around the daily wo

Texas Subscription v. Non-subscription

Stuart D. Colburn — Tue, 07 Oct 2008 13:05:12 GMT

The Research and Evaluation Group published their non-subscription statistical survey. In 2008, 33% of employers were non-subscribers in Texas. This is a decrease of 4% from 2006. However, more employees work for non-subscribing employers. According to the recent statistics, 25% of Texas employees n

California Workers' Compensation Cases Roundup 10/2/2008

California Compensation Cases Staff — Fri, 03 Oct 2008 01:56:13 GMT

Here's a roundup of cases to be covered in the upcoming September 2008 issue of California Compensation Cases . CALIFORNIA COMPENSATION CASES Vol. 73, No. 9 September 2008 Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related I

A Conference on the Defense Base Act, October 23-24, 2008, Washington, D.C. - Register now!

Loyola University New Orleans College of Law — Fri, 25 Jul 2008 13:54:47 GMT

LOYOLA LAW SCHOOL and THE UNITED STATES DEPARTMENT OF LABOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS present A CONFERENCE ON THE DEFENSE BASE ACT October 23-24, 2008

Law Review Spotlight: Undocumented Workers Under Arizona Workers' Compensation Law

Roger Rabb — Thu, 02 Oct 2008 23:20:51 GMT

In COMMENT: Defining "Employee" Within Arizona's Workers' Compensation Statute: An Argument for Inclusion , 40 Ariz. St. L. J. 691, Walter J. Ashbrook, a 2008 degree candidate of the Sandra Day O'Connor College of Law at Arizona State University, discusses whether the Arizona workers' co

More Texas Employees Are Not Covered by Workers' Compensation

Stuart D. Colburn — Mon, 29 Sep 2008 09:38:32 GMT

Beginning in 1993, Texas periodically conducts a survey that tracks the percentage of Texas employers who choose workers' compensation insurance. Texas is the only state that does not mandate all employers to carry workers' compensation insurance for the benefit of its workers. According to the

The Government Rescues AIG: What’s Next?

Robert M. Lopatin — Wed, 01 Oct 2008 11:43:02 GMT

In this blog I've summarized our podcast interview with James M. Davis and Paul R. Walker-Bright of ReedSmith in Chicago about the developments surrounding the AIG bailout . . . AIG comprises one of the larges insurance conglomerates in the world. It is the largest insurance compa

Ergonomic Issues Dominate Occupational Health Citation Classics

Ergoweb Inc. — Mon, 29 Sep 2008 15:55:45 GMT

A recent survey to identify occupation health citation classics (occupational health articles written since 1949 that have been referred to 100 or more times in research studies) revealed that four of the top 10 most cited scientific investigations involved ergonomic concerns and occupation musculo

California Workers' Compensation Cases Roundup 8/29/2008

California Compensation Cases Staff — Thu, 28 Aug 2008 21:41:28 GMT

Here's a roundup of cases to be covered in the upcoming August 2008 issue of California Compensation Cases. CALIFORNIA COMPENSATION CASES Vol. 73, No. 8 August 2008 Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Dig

Larson's Blogworthy Cases of the Week 9/26/2008

Thomas A. Robinson — Fri, 26 Sep 2008 13:37:44 GMT

Texas Division of Workers' Compensation Proposes Clarifications to eBill Companion Guide

Stuart D. Colburn — Fri, 26 Sep 2008 13:49:13 GMT

The Texas Division of Workers' Compensation published a Proposed Clarification to the Texas eBill Companion Guide. Texas and California are simultaneously creating eBill initiatives requiring carriers to accept medical bills electronically. The proposed payment companion guide

Texas: New Maximum and Minimum Weekly Benefits Rates

Stuart D. Colburn — Thu, 02 Oct 2008 00:28:54 GMT

Effective October 1, 2008, the maximum and minimum weekly benefits rates will change. Such changes are in accordance with the State Average Weekly Wage (SAWW) Rate increasing to $749.63. The new benefit rates are effective through September 30, 2009. Please note the following maxi

Schwarzenegger's Workers' Compensation Reform: Shifting Insurance Companies' Obligations Onto Society

Clint Feddersen — Sat, 20 Sep 2008 17:02:49 GMT

On April 19, 2004, California Governor Arnold Schwarzenegger heralded the passage of Senate Bill 899, drastically reducing benefits for California's injured workers, with the following statement: "Working together, we have produced a huge win for California. Our bill provides strong refo

Texas: New Discount and Interest Rates & State Average Weekly Wage

Stuart D. Colburn — Tue, 30 Sep 2008 10:15:49 GMT

The state average weekly wage is now $750, an increase from $712. The new $750 state average weekly wage is effective October 1, 2008 through September 30, 2009. The new interest and discount rate is 5.22% and will become effective October 1, 2008 through December 31, 2008.

Top 10 User Errors in EAMS

Colleen Casey — Sat, 20 Sep 2008 13:05:22 GMT

The Top 10 user errors in EAMS are as follows: 1. Ignoring the DWC Website The DWC Website has a wealth of information. It should be checked on a regular basis as new information is added daily. The website is located at: www.dwc.ca.gov/eams Now featured on the

Larson's Legislative Roundup 9/28/2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 28 Sep 2008 21:21:25 GMT

Alabama H.B. 18 (new bill) - Prefiled 9/25/2008. Relates to removing some restrictions on workers' compensation payments. California AB 1874 - Signed by Governor 9/26/2008. Expands the State Fund Board of Directors from 5 to 11 voting members. California SB 1145 - Signed by Governor 9/2

Benefits Review Board Expands Coverage for Truckers on the Waterfront

BRBS Longshore Reporter Staff — Tue, 23 Sep 2008 21:32:00 GMT

W.B. v. Sea-Logix, L.L.C., and Signal Mutual Indemnity Ass'n, BRB No. 06-0908, 41 BRBS 89 (Aug. 23, 2007). This decision arises from an appeal of a decision of the ALJ saying that claimant, designated as a truck driver, did not meet status requirements of the Longshore Act (33 U.S.C.S. §

Texas Informal or Voluntary Networks

Stuart D. Colburn — Tue, 23 Sep 2008 12:13:01 GMT

The Texas Division of Workers' Compensation has adopted new general rules for medical billing and processing for voluntary and or informal networks including changes to Rule 133.2, 133.4, and 133.5. House Bill 473 required the Division to implement rules regarding voluntary or informal networks.

Alternative Dispute Resolution in California Workers’ Compensation: Lessons Learned

Steven Siemers — Wed, 17 Sep 2008 22:53:27 GMT

In October of 2004 the Basic Crafts Workers’ Compensation Program, the state's only multi-craft collectively-bargained workers’ compensation alternative dispute resolution program 1 , was negotiated by four management associations 2 in the construction industry and three construct

LexisNexis Top 25 Blogs for Workers' Compensation - 2008 Honorees

Workers' Compensation Top 25 Blogs — Wed, 06 Aug 2008 16:36:23 GMT

The LexisNexis Workers' Compensation Law Center has selected its 2008 honorees for the Top 25 Blogs for Workers' Compensation . Congratulations to all the honorees! These blogsites contain some of the best writing out there on workers' compensation and workplace issues

Larson's Legislative Roundup 9/21/2008

LexisNexis Workers' Compensation Law Center Staff — Fri, 26 Sep 2008 12:40:34 GMT

California A.B. 419 – To Governor 9/17/2008. An act to amend Section 4850 of the Labor Code, relating to workers' compensation. This bill would, for purposes of these provisions, require that these employees be employed on a regular, or full-time basis, but would eliminate the requirement t

Larson's Legislative Roundup 9/15/2008

LexisNexis Workers' Compensation Law Center Staff — Fri, 26 Sep 2008 12:38:56 GMT

North Dakota Statutory Measure No. 4 – 9/8/2008; on 11/4/2008 ballot. This initiated measure would add two new sections to title 65 of the North Dakota Century Code providing for the appointment by the Governor of director for the Workforce Safety and Insurance agency, the placement of its

Larson's Blogworthy Cases of the Week 9/19/2008

Thomas A. Robinson — Sat, 20 Sep 2008 12:35:29 GMT

Other Available Work in Georgia Workers' Compensation: Change in Condition for the Better Without a Job Offer

James G. Jackson — Tue, 16 Sep 2008 13:47:20 GMT

In Georgia, once a claim for workers' compensation disability benefits has been accepted, or an all issues determination of compensability and disability has been made, much of the subsequent litigation may involve attempts by the employer/insurer to establish a change in condition for the better,

The Story of Web 2.0 and the LexisNexis Law Centers

Karen C Yotis — Thu, 18 Sep 2008 11:54:16 GMT

Karen C. Yotis, the Site Coordinator for the LexisNexis Insurance Law Center, recently gave the keynote speech at the White and Williams Coverage College. Over 400 “students” from 130 different insurance companies attended the event. The text of h

Texas eBill Initiative

Stuart D. Colburn — Mon, 15 Sep 2008 14:16:12 GMT

The Division is holding stakeholder groups and informational meetings regarding the eBill system that went into effect January 1, 2008. The Texas legislature requires medical providers to submit their bills electronically to carriers. Each carrier must have taken the appropriate steps t

Larson's Blogworthy Cases of the Week 9/12/2008

Thomas A. Robinson — Mon, 15 Sep 2008 02:07:53 GMT

Iowa Workers' Comp Law Now Treats Wrist Injury as Part of the Arm

H. Edwin Detlie — Sat, 06 Sep 2008 12:22:26 GMT

In a ruling that affirmed the Iowa Workers' Compensation Commissioner, the Iowa Supreme Court held that a wrist injury should be treated as an injury to the arm, rather than an injury to the hand. See Holstein Electric and Integrity Mutual v. Breyflogle . Under Iowa law, injuries to the

Showing Up for the Showdowns: Appearance Requirements Under EAMS

Robert K. Norton — Fri, 05 Sep 2008 16:46:43 GMT

The automation of California workers' compensation administrative law proceedings via the Electronic Adjudication Management System (EAMS) has already begun. These reforms include significant changes to the regulations with govern the routine handling of California workers' com

Workers Compensation Section Newsletter Volume 1 Issue 1 (February 2008)

State Bar of Texas Workers' Compensation Section — Tue, 16 Sep 2008 18:15:55 GMT

State Bar of Texas Workers Compensation Section Newsletter February 2008 - Volume 1, Issue 1 To read the newsletter, click here . Inside this issue: Letter from the Chair Officers and Council Members Directory Avoiding the Ninety-Day Rule: Filing Proper

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 9/5/2008)

Robin E. Kobayashi — Mon, 01 Sep 2008 14:54:34 GMT

The following are some recent noteworthy panel decisions issued by the California Workers' Compensation Appeals Board. If you would like a copy of any of these decisions, please logon and post a comment to this blog with your request. If you haven't registered at this site yet, you must do so befor

Larson's Blogworthy Cases of the Week 9/5/2008

Thomas A. Robinson — Sun, 07 Sep 2008 12:47:43 GMT

North Carolina's Last Clear Chance Doctrine

Vernon R Sumwalt — Wed, 03 Sep 2008 18:41:26 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 (2008), that a negligent employer still cannot recover its lien when a negligent third party had the last clear chance of avoiding an injury. An examination of the facts and t

Iowa Supreme Court Finds Petition Filed More Than Two Years After Injury Was Timely

H. Edwin Detlie — Sat, 06 Sep 2008 12:43:15 GMT

The Iowa Supreme Court recently held that a woman who filed a Petition for Arbitration with the Iowa Workers' Compensation Commissioner's Office more than two years after the injury, beyond the statute of limitations, had filed a timely Petition, since she did not learn that the injury was serious

Texas Workers' Compensation Bad Faith in 2008

Stuart D. Colburn — Sun, 31 Aug 2008 20:23:08 GMT

Plaintiff attorneys are seeking new avenues of income. Many attorneys representing injured workers either no longer accept workers' compensation clients or enhance their current practice with personal injury, social security, and lately bad faith claims. Why Claimant Attorneys Are Diversifying

Six Steps to Improve Workers' Compensation

Dr. John C. Goodman — Mon, 25 Aug 2008 16:54:04 GMT

Workers' compensation is often neglected in discussions of state health care reform. That is unfortunate, because employers who think they have achieved real savings after a significant change in their group health insurance plan often discover their lower health insurance costs are partially

Larson's Legislative Roundup 9/7/2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 07 Sep 2008 21:30:56 GMT

California S.B. 1717 - Enrolled 9/2/2008. An act to amend Section 4658 of the Labor Code, relating to workers' compensation. This bill would eliminate those provisions requiring an employer to pay an injured employee a decreased amount of permanent disability benefits if, within 60 days of a disa

Larson's Blogworthy Cases of the Week 8/29/2008

Thomas A. Robinson — Sun, 31 Aug 2008 20:01:13 GMT

Workers Compensation Section Newsletter Volume 1 Issue 2 (June 2008)

State Bar of Texas Workers' Compensation Section — Thu, 04 Sep 2008 15:42:57 GMT

State Bar of Texas Workers Compensation Section Newsletter June 2008 - Volume 1, Issue 2 To read the newsletter, click here . Inside this issue: Letter from the Chair Commissioner Resigns Bits and Pieces About DWC Feature Article: Recoupment: It

A Report From the 2008 Loyola University Annual Longshore Conference

BRBS Longshore Reporter Staff — Sat, 28 Jun 2008 12:26:05 GMT

For approximately 33 years, Loyola University, in conjunction with the United States Department of Labor, has been putting on its annual Longshore Conference in New Orleans. In spite of the recent catastrophe a few years ago, the Conference has continued to exist and grow, with its largest at

New Texas Division of Workers' Compensation Commissioner

Stuart D. Colburn — Mon, 25 Aug 2008 13:00:22 GMT

Media reports confirm rumors that Rod Bordelon will be appointed the new Texas Division of Workers' Compensation Commissioner. Mr. Bordelon currently serves as the Public Counsel at the Office of Public Insurance Counsel. He has experience running a state agency that advocates for consumers. Some be

Update From the Benefits Review Board

BRBS Longshore Reporter Staff — Wed, 27 Aug 2008 02:25:10 GMT

The Board ended its last fiscal year on September 30, 2007, with 152 appeals pending under the Longshore Act and its extensions (LHWCA, 33 U.S.C.S. § 901 et seq.). During the year, the Board received 241 appeals and issued 282 final dispositions. All decisions were issued within on

Larson's Blogworthy Cases of the Week 8/22/2008

Thomas A. Robinson — Sun, 24 Aug 2008 23:28:28 GMT

Entergy Analysis and Debate

Stuart D. Colburn — Fri, 22 Aug 2008 10:13:23 GMT

Another live blog from the State Bar of Texas Advanced Workers' Compensation Seminar: Tim Stanford and Kay Goggin went after each other's positions regarding the proper analysis and application of the Texas Supreme Court''s Entergy decision, which held that a premise owner can also ser

Larson's Legislative Roundup 8/25/2008

LexisNexis Workers' Compensation Law Center Staff — Mon, 25 Aug 2008 20:46:51 GMT

California A.B. 419 - Enrolled 8/18/2008. An act to amend Section 4850 of the Labor Code, relating to workers' compensation. Full version of bill available to lexis.com subscribers . California A.B. 507 - Enrolled 8/18/2008. An act to add Section 11752.75 to the Insurance Code, relating

Missing the Boat - OWCP's Privacy Policy

BRBS Longshore Reporter Staff — Wed, 20 Aug 2008 13:01:12 GMT

Since August 1, 2006, the Department of Labor has mandated that real names be excised from published decisions for fear of being subject to lawsuits for damaging an individual's right to privacy. Now employers and carriers are left with an alphabet soup of claimants' initials instead of real

Judicial Review

Stuart D. Colburn — Fri, 22 Aug 2008 12:19:37 GMT

Another live blog from the State Bar of Texas Advanced Workers' Compensation Seminar: Quentin Hagg and Charels Carr provided 10 points for every attorney seeking judical review of the DWC's final decision. (They have two pending trials against one another.) They demonstrated real world depositions

Judicial Review of Medical Necessity Disputes

Stuart D. Colburn — Sat, 14 Jun 2008 20:17:41 GMT

In 2003, the Texas legislature amended Texas Labor Code §413.031 allowing the Division to promulgate rules creating an alternative dispute resolution for medical disputes. As a result, TWCC (now known as Texas Department of Insurance, Department of Workers’ Compensation) adopted Ru

2008 State Bar of Texas Advanced Workers' Compensation Seminar

Stuart D. Colburn — Thu, 21 Aug 2008 16:54:41 GMT

I'm blogging from the Advanced Workers' Compensation seminar where the brightest and most experienced attorneys are giving advice and sharing best practices. Brad McClellan provided his yearly case law update and yours truly discussed hot topics. Panel discussions included effective tactics at BRCs

OAG's Brief Suggests Texas Medical Fee Guidelines Are Not a Cap on Medical Reimbursement

Stuart D. Colburn — Tue, 05 Aug 2008 23:35:25 GMT

Recently, the Office of Attorney General (OAG) filed a Brief on behalf of the Division of Workers' Compensation to the Third Court of Appeals in Austin, Texas, in a case styled Texas Mutual Ins. Co. v. Vista Community Med. Center , et al. On page thirteen, the br

Texas Supreme Court Reaffirms Workers' Compensation Subrogation

Stuart D. Colburn — Wed, 11 Jun 2008 13:24:34 GMT

A unanimous Texas Supreme Court issued a long-anticipated decision in Texas Mutual Ins. Co. v. Ledbetter. The Supreme Court upheld the rights of a workers’ compensation insurance carrier to first monies received in a third party settlement. Mr. Ledbetter was in the course and scope

Non-Subscription by Employers

Stuart D. Colburn — Fri, 22 Aug 2008 11:34:16 GMT

Another live blog from the State Bar of Texas Advanced Workers' Compensation Seminar: Mr. Parker once again presents avenues for an attorney suing an employer that chooses or otherwise does not have workers' compensation insurance. He pointed out that employers sometimes mislabel ERISA plans.

Waiver and the New Sanders Case

Stuart D. Colburn — Thu, 21 Aug 2008 17:38:19 GMT

This is another live blog from the 2008 State Bar of Texas Advanced Workers' Compensation Seminar: Mr. Tipton and Ms. Smith had a "civil" argument regarding waiver and the new Sanders case reported this month and some new AP cases. Sanders follows the Lawton holding that carriers w

Recent Changes to Medicare Set Asides

Stuart D. Colburn — Thu, 21 Aug 2008 18:00:19 GMT

Here's another live blog from the 2008 State Bar of Texas Advanced Workers' Compensation Seminar: Will Sharpiro faced the unenviable challenge of taking the last topic of the day. He does not believe recent CMS changes to MSAs will affect Texas Workers' Compensation cases. They wil

Death Cases

Stuart D. Colburn — Fri, 22 Aug 2008 10:55:07 GMT

Another live blog from the State Bar of Texas Advanced Workers' Compensation Seminar: Mike Sprain and Roy Leatherberry discussed case law and inconsistencies in death cases. Roy argues that most deaths are by definition an extent of injury. Mike pointed out beneficiaries of volunteer firefig

Special Limited Offer! Lexis.com Discount for Section Members Only

LexisNexis Workers' Compensation Law Center Staff — Fri, 22 Aug 2008 11:25:23 GMT

SPECIAL LIMITED OFFER! Lexis.com discount for State Bar of Texas Workers' Compensation Section members only. Offer applies to two specific Texas workers' compenation law bundles. Offer expires December 31, 2008. Discounts range from 25% to 30%. Discount depends on which T

Are Texas Claimants Entitled to More Benefits Than They Are Owed?

Stuart D. Colburn — Thu, 07 Aug 2008 10:51:16 GMT

Claimant attorneys are currently arguing (and prevailing) that the carrier cannot recoup overpaid temporary income benefits from impairment income benefits even if the overpayment is not due to carrier error. The ambiguity comes from a change in Rule 128.1(c) and subsequent Appeals Panel decisions.

The SWAG Factor in Workers’ Compensation Cases

James T. Stewart — Tue, 19 Aug 2008 00:58:29 GMT

The acronym "SWAG" for "Scientific Wild-Assed Guess" first appeared in the 2005 Edition of Workers' Compensation Laws of California (LexisNexis Matthew Bender) (a.k.a. "The Labor Code Book") in Table 18 "Glossary of Terms and Abbreviations Commonly Used in

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/14/2008)

Robin E. Kobayashi — Wed, 13 Aug 2008 01:00:25 GMT

Texas Performance Based Oversight for Healthcare Providers and Carriers

Stuart D. Colburn — Thu, 07 Aug 2008 10:45:46 GMT

The Division held its final PBO Working Group Meeting to discuss the DWC staff paper on the 2009 PBO assessment process. The Legislature required the Division to place selected insurance companies and health care providers in one of three tiers: high performer, average performer, and low performer.

Work Comp Index 7th Edition (2008) for California Workers' Compensation

James T. Stewart — Fri, 25 Jul 2008 00:03:25 GMT

The new 7th Edition (2008) of the Work Comp Index is an alphabetical-by-subject index to workers' compensation in California. It references not only case law, but also codes, rules/regulations and other books by experts on the subject. Have you ever tried to find a code section or case cite,

Another “Weird-Assed” Medical Condition in the AMA Guides and How to Rate It for Permanent Impairment

Robert G. Rassp, Esq. — Mon, 04 Aug 2008 23:43:58 GMT

Throughout the AMA Guides there are some medical conditions that are rarely, if ever, seen in industrial injuries or accidents. When those rarely seen medical conditions emerge within the context of an industrial injury, the question will always arise as to whether the treating or evaluatin

Larson's Legislative Roundup 8/17/2008

LexisNexis Workers' Compensation Law Center Staff — Mon, 18 Aug 2008 00:25:16 GMT

Nevada B.D.R. 221 - Filed August 11, 2008. Makes various changes related to workers' compensation.

Live DWC Training Session on Filing Documents in EAMS

Colleen Casey — Fri, 08 Aug 2008 14:35:20 GMT

The Division of Workers' Compensation (DWC) will conduct two free "train the trainer" sessions for external users on how to file forms and documents in the Electronic Adjudication Management System (EAMS). The first session will be held Aug. 14 in Los Angeles. T

Larson's Blogworthy Cases of the Week 8/8/2008

Thomas A. Robinson — Sun, 10 Aug 2008 19:35:33 GMT

The Education Crisis in America and Its Impact on the Future of Workers' Compensation

Christopher Mahon — Fri, 08 Aug 2008 10:35:51 GMT

For some time now, people have been talking about a crisis in American education. The crisis certainly does exist. Twenty years ago, the U.S. was ranked #1 in education. Now we're ranked #25 in the world. Veteran teachers – teachers who have been in the public school system for decades –

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 8/6/2008)

Robin E. Kobayashi — Wed, 06 Aug 2008 23:13:28 GMT

Larson's Legislative Roundup 8/10/08

LexisNexis Workers' Compensation Law Center Staff — Sun, 10 Aug 2008 20:28:24 GMT

Massachusetts S.B. 2785 - Signed by Governor 8/6/08, Chapter No. 258-2008. An Act providing for the public higher education capital improvement needs of the commonwealth. Section 13A provides: Notwithstanding any general or special law to the contrary, a private entity engaged in a construction,

Larson's Blogworthy Cases of the Week 8/1/2008

Thomas A. Robinson — Sat, 02 Aug 2008 22:17:29 GMT

Iowa Governor Creates Task Force on Employee Misclassification

H. Edwin Detlie — Tue, 29 Jul 2008 17:24:43 GMT

This topic sounds boring, but it is an attempt to address real mistreatment and neglect of employees by some unscrupulous Iowa employers that results in thousands of injured workers being stuck without health care or income when injured at work. On July 16, 2008, Governor Chet Culver signed Exe

Recent Noteworthy Panel Decisions Issued by California WCAB (Posted 7/28/2008)

Robin E. Kobayashi — Mon, 28 Jul 2008 23:45:04 GMT

Today's California Earthquake—Compensability of Injuries Sustained by Home-Based Employee

Thomas A. Robinson — Tue, 29 Jul 2008 17:56:57 GMT

When this afternoon's magnitude 5.8 earthquake hit California (news reports indicate the epicenter was some 29 miles southeast of downtown Los Angeles, near Chino Hills, in San Bernardino County) a few minutes ago (11:42 a.m. PDT), I was safely ensconced in my home office some 3,000 miles to the ea

State Law Negligence Claim Allowed Against Employer Despite Employee's Waiver Under ERISA Disability Plan

Stuart D. Colburn — Sat, 14 Jun 2008 20:03:50 GMT

On January 15, 2008, the Fifth Circuit in McAteer v. Silverleaf Resorts, Inc., 514 F.3d 411 (2008) reversed the District Court’s decision dismissing McAteer’s claims against Silverleaf Resorts based upon an ERISA plan. Silverleaf Resorts does not subscribe to the workers’

Larson's Blogworthy Cases of the Week 7/25/2008

Thomas A. Robinson — Sat, 26 Jul 2008 10:21:08 GMT

Coverage for Exemplary Damages Under Employer's Liability Policy for Employer's Gross Negligence

Stuart D. Colburn — Sat, 14 Jun 2008 19:51:05 GMT

The Supreme Court issued the decision in the Fairfield Insurance Company v. Stephens Martin Paving , 246 S.W.3d 653 (Tex. 2008) on February 15, 2008. The Court heard oral arguments on November 9, 2004. The Court held public policy does not prohibit coverage for exemplary damages under

Larson's Legislative Roundup 8/3/2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 03 Aug 2008 15:24:29 GMT

Massachusetts SB 2785 – Sent to Governor 7/31/2008. An act providing for the public higher education capital improvement needs of the Commonwealth. Notwithstanding any general or special law to the contrary, a private entity engaged in a construction, development, renovation, remodeling,

Silent PPO Claims Another State

Reid L. Steinfeld — Thu, 24 Jul 2008 21:29:27 GMT

It appears that the State of Oregon is dealing with the nationwide problem of the Silent PPO. The Oregonian recently reported that, under pressure from Liberty Northwest insurance company, the second largest insurer in the state of Oregon, John Shilts, the Administrator of the

When Do Issues Need to Be Raised to Avoid Waiver in California Workers' Comp Cases?

Jesse N. Rosen — Wed, 23 Jul 2008 00:21:16 GMT

In California, when are issues finalized for trial in a workers' compensation case? Does a party to a workers' compensation proceeding waive an issue if it isn't raised at the Mandatory Settlement Conference (MSC)? Or must an issue be raised by the start of trial to avoid wai

When Does 2 + 2 = 2? The New Math of SB 899 for Temporary Disability

Jesse N. Rosen — Fri, 13 Jun 2008 18:42:34 GMT

Liability for temporary disability (TD) was severely limited by SB 899. Prior to SB 899, TD was payable until an applicant was either declared permanent and stationary (P&S) or had returned to work if not P&S. It wasn't unusual for an applicant to be found temporarily disabled by a treating

Interpretations of Temporary Disability Limit Four Years After SB 899 in California

Jesse N. Rosen — Wed, 25 Jun 2008 21:46:01 GMT

The two-year temporary disability limit under Cal. Lab. Code § 4656(c)(1) is four years post adoption, and some of the major issues relating to it have been addressed in a few published opinions. 1. When does the 104 week TD limit start? It's the date on which temporary disability indem

Interpretations of Temporary Disability Limit Four Years After SB 899 in California

Jesse N. Rosen — Wed, 25 Jun 2008 19:02:11 GMT

When Does 2 + 2 = 2? The New Math of SB 899 for Temporary Disability

Jesse N. Rosen — Sat, 14 Jun 2008 19:26:16 GMT

EAMS Forms and Documents

Colleen Casey — Wed, 09 Jul 2008 17:05:07 GMT

After the EAMS regulations become final in October 2008, all parties must use the new EAMS forms for all aspects of their workers’ compensation practice, including DORs, applications, C&Rs, etc. DWC is encouraging all parties to begin using these new forms when EAMS goes live on 8.25

Larson's Legislative Roundup 7/27/2008

LexisNexis Workers' Compensation Law Center Staff — Sun, 27 Jul 2008 23:27:54 GMT

California A.B. 2091 – Signed by Governor 7/22/08, Chapter No. 193. An act to amend Section 5307.2 of the Labor Code, relating to workers' compensation. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compens

Mickey Mouse to the NRA: Go Ahead—Make My Day!

Thomas A. Robinson — Mon, 21 Jul 2008 19:31:25 GMT

Walt Disney World, the largest employer in central Florida, fired a proverbial broadside at the NRA (and the Florida legislature) when earlier this month it discharged Edwin Sotomayor, a 13-year veteran of Disney World's unarmed security force, for refusing to allow the search of his personal vehic

FEHA Sexual Harrassment/Assault/False Imprisonment Case: Baker v. Navfam, Inc. dba Grease Monkey

Goldman, Magdalin & Krikes, LLP — Wed, 16 Jul 2008 21:24:58 GMT

The law firm of Goldman, Magdalin & Krikes, LLP, recently secured a summary judgment in a FEHA Sexual Harassment/Assault/False Imprisonment case. A summary of the case is set forth below. © Copyrighted 2008 by Goldman, Magdalin & Krikes, LLP. All rights reserved. Mark Bak

Bad Faith Allegations: Texas Mutual Insurance Co. v. Ruttiger

Stuart D. Colburn — Sat, 14 Jun 2008 20:34:44 GMT

The Galveston Court of Appeals for the First District of Texas has published Texas Mutual Ins. Co. v. Ruttiger , 2008 Tex. App. LEXIS 440 (2008). The unanimous decision affirmed Mr. Ruttiger's bad faith allegations against Texas Mutual Insurance (“TMI”) (although it reversed find

Larson's Blogworthy Cases of the Week 7/18/08

Thomas A. Robinson — Sat, 19 Jul 2008 01:24:05 GMT

Discrimination Due to Apportionment to Age and Gender-Related Conditions

Melissa C. Brown — Thu, 17 Jul 2008 01:04:27 GMT

I've written an expert commentary article that 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

A Survey of Key Decisions in California Since September 2007

Goldman, Magdalin & Krikes, LLP — Wed, 16 Jul 2008 20:41:25 GMT

The law firm of Goldman, Magdalin & Krikes, LLP, makes regular news announcements to its clients and the workers' compensation community regarding significant events that are important and notable. Our news alerts appear on an irregular basis as important developments arise. The following

Pennsylvania Court Says Subrogation Waiver Must Be Explicit

Michael D. Sherman — Wed, 16 Jul 2008 16:26:20 GMT

A worker compensation insurer may pursue its statutory right to subrogation against any third party civil action recovery, following a compromise and release settlement. At the time of the C&R settlement hearing in January 2002, a civil action had not been filed. The LIBC 755 Stipulation fo

Larson's Legislative Roundup 7/20/2008

LexisNexis Workers' Compensation Law Center Staff — Sat, 19 Jul 2008 19:52:32 GMT

Iowa E.O. 10 – Introduced 7/16/2008. Executive order to create an independent contractor reform taskforce. Full text available to lexis.com subscribers . Michigan H.B. 5559 – Signed by Governor 7/17/2008, Public Ac No. 241. An Act to amend 1956 PA 218, including to provi

Quick Guide to the House Report on Underreporting of Workplace Injuries

Roger Rabb — Tue, 15 Jul 2008 20:41:50 GMT

A Survey of Recent Longshore Act Cases Issued by U.S. District Courts

Robin E. Kobayashi — Fri, 18 Jul 2008 03:56:18 GMT

The following list contains selected U.S. District Court cases from the last year that litigate issues raised by practice under the Longshore and Harbor Workers' Compensation Act (31 U.S.C.S. § 901 et seq.). Carillo v. Reliance Nat'l Indem. Co. , Civil Action No. 07-4060, 2007 Dist.

Misrepresentation in Contract of Employment: Did North Carolina Decision in Freeman v. Rothrock Go Too Far?

Vernon R Sumwalt — Mon, 14 Jul 2008 23:45:36 GMT

A majority of the North Carolina Court of Appeals has announced that an employee's misrepresentations in an application for employment rendered the subsequent employment contract—and also the employer-employee relationship—void ab initio , thus providing the employer with an affirmativ

Larson's Blogworthy Cases of the Week 7/11/2008

Thomas A. Robinson — Sun, 13 Jul 2008 03:29:33 GMT

An Overview of the XVIII World Congress on Safety and Health at Work

Robin E. Kobayashi — Fri, 11 Jul 2008 11:27:24 GMT

The XVIII World Congress on Safety and Health at Work recently convened in Seoul, Korea, on June 29-July 2, 2008. The World Congress, which meets every three years, attracts several thousand decision makers, safety and health professionals, employers, workers' representatives, and soci

California Supreme Court Issues Key Decision on Medical Treatment Dispute Resolution Process

David Bryan Leonard — Tue, 08 Jul 2008 00:06:56 GMT

Detailing the medical treatment dispute resolution process created by Labor Code Sections 4610 and 4062, the California Supreme Court has issued its decision in SCIF v. WCAB (Sandhagen). In Sandhagen , Applicant’s physician requested an MRI. Defendant denied authorization but failed to

A Report of the National Workers' Compensation Defense Network Seminar in Hartford, CT

Ronald E. Weiss — Mon, 07 Jul 2008 15:58:55 GMT

The National Workers’ Compensation Defense Network recently held a national seminar on June 25-26, 2008, in Hartford, CT. The NWCDN is a nationwide and Canadian network of independent law firms that was created to provide employers and insurers access to the highest quality rep