Workers' Compensation News
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Employer's Heavy Door Caused Shoulder Injury, Court Rules
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12/17/2012
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State: NY | Segment: EAST | 0 | Popular with Legal
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Evidence that an employee had to open her employer's heavy glass and steel door several times a day was sufficient to establish causation for a shoulder injury, a New York appellate court ruled. Case: In the Matter of Claim of Laib v. SIF, No. 513738, 12/13/...Read More
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Employer Must Reimburse Physician for EMG, Court Rules
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12/17/2012
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State: NY | Segment: EAST | 0 | Popular with Legal
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A self-insured employer must reimburse an employee's treating physician for an electromyography test, even though the employee should have obtained the test via one of the employer's providers, a New York appellate court ruled. Case: Rivera v. North Cent...Read More
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Executive Chef's Resignation Barred SEBs, 3rd Circuit Rules
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12/17/2012
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State: LA | Segment: CENTRAL | 0 | Popular with Legal
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An executive chef was not entitled to supplemental earnings benefits because he had voluntarily resigned before his disability status changed, a Louisiana appeals court concluded. Case: Gleason v. Lafayette General Medical Center, No. 12-652, 12/12/12, published...Read More
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Exclusivity Barred Quadriplegic Oil Worker's Tort Suit
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12/11/2012
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By: Sherri Okamoto (Legal Reporter)
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State: OK | Segment: Top | 0 | Popular with Legal
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An Oklahoma oil rig worker who was paralyzed after being crushed by a falling piece of machinery could not sue his employer in tort, the U.S. 10th Circuit Court of Appeals ruled on Friday.The court said Joel Monge's employer could not have been "substantially cer...Read More
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Employers Want More Information on Assessments
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12/07/2012
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By: Greg Jones (Senior Editor)
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State: CA | Segment: Top | 0 | Popular with Legal
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By Greg Jones, Western Bureau ChiefAdvocates for California employers say a 44% increase in premium assessments is not “optimal,” but more information is needed before they can comment on the appropriateness o...Read More
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Employer, Claimant Disagree about Burden to Prove Citizenship
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12/05/2012
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State: PA | Segment: Top | 0 | Popular with Legal
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By John P. Kamin, WorkCompCentral ReporterPennsylvania Supreme Court justices asked numerous questions during oral arguments about whether an Ecuadorian claimant’s refusal to answer questions about his immigration s...Read More
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Experts Disagree on Utility of Pure Premium Rate
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12/04/2012
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By: Greg Jones (Senior Editor)
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State: CA | Segment: Top | 0 | Popular with Legal
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By Greg Jones, Western Bureau ChiefThe process of identifying trends in California’s workers’ compensation industry helps both employers and carriers, but experts on Monday disagreed about the usefulness of se...Read More
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Employers Have Final Say over Marijuana Use
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12/03/2012
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By: Greg Jones (Senior Editor)
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State: NA | Segment: Top | 0 | Popular with Legal
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By Greg Jones, Western Bureau ChiefThe advice that Colorado Gov. John Hickenlooper gave after voters approved a ballot initiative legalizing marijuana under state law applies to Washington state as well, according to empl...Read More
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En Banc WCAB Rebukes Provider for 'Frivolous' Lien Claim
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11/16/2012
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By: Sherri Okamoto (Legal Reporter)
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State: CA | Segment: Top | 0 | Popular with Legal
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The California Workers' Compensation Appeals Board on Thursday issued an en banc decision rebuking a lien claimant for wasting the agency's time and resources with its frivolous pursuit of payment to which it was "utterly incapable" of proving its entitlement.The WCAB upheld...Read More
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