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Industry Insights

 
A Bankruptcy Court Flirts with Dangerous Precedent 02/28/2012
State: CA | Segment: | 0
A very interesting legal fight is going on in Maine involving the bankruptcy of a self-insured employer.The case is In re Irving Tanning Co. et al, No. 10-11757-LHK.At issue is an attack on bankruptcy subject, Prime Tanning-Hartland's, set aside reserves for future claims...Read More
 
 
A Window into Fraud 02/23/2012
State: CA | Segment: | 0
A couple of years ago we blogged the performance incentive program at Smurfit-Stone Container Corp. in California. The performance numbers were stellar, but not necessarily because the work was performed safely. Instead, the company conspired with local medical providers to secure limited treatment ...Read More
 
 
A Medical Questionnaire from Doctor is not Evidence 02/21/2012
By: Michael Rabinowitz
State: FL | Segment: | 0
Medical questionnaires are a wonderful tool to get a snapshot opinion from an authorized doctor. They are also cheaper than paying a doctor a witness and records fee (which can exceed $500). For less than $100 (typically), an employer/carrier (E/C) can find out maximum medical improvement, work stat...Read More
 
 
ACOEM Intellect. Property Rights no Different than Other Publishers 11/30/2011
State: NY | Segment: | 0
New York insurers are protesting a demand by the American College of Occupational and Environmental Medicine (ACOEM) that stakeholders in the workers' compensation system pay for commercial use of the state's year-old medical treatment guidelines.ACOEM and its commercial software...Read More
 
 
Appellate Court again Flips the IWCC on 'Manifest Weight' 11/16/2011
By: Joseph F. D'Amato
State: IL | Segment: | 0
In Shafer v. Illinois Workers’ Compensation Commission, 2011 IL App (4th) 100505WC (Oct. 28, 2011), the Appellate Court, Workers’ Compensation Division was confronted with a case where basically every factual ruling was challenged by the side of the claim that didn’t like it....Read More
 
 
At National: Changing the Mindset away from Disability 11/11/2011
State: NA | Segment: | 0
The National Workers' Compensation & Disability Conference & Expo kicked off Wednesday for two days on networking, exhibiting and education at the Las Vegas Convention Center.This is the 20th anniversary of the conference and I have gone to most of them particularly when it ...Read More
 
 
Are Comp Rates Finally Trending Upward? 10/26/2011
State: NA | Segment: | 0
For over a decade, workers' comp insurers have watched profit margins erode, as rates in many states continue their precipitous fall. The mismatch between premiums collected and losses paid out has reached alarming levels, with a projected combined ratio of 121.5% for the current year. Even in t...Read More
 
 
An IME Alone can Support a Finding of Fraud 10/24/2011
By: Michael Rabinowitz
State: FL | Segment: | 0
It was over 18 months ago when I wrote about the Diuejeste v. Dodd Plumbing decision.  My headline was “Belly aching does not equal fraud.” Well, according to a new Florida 1st District Court of Appeal case, belly aching is fraud if claimant does the belly aching to the ...Read More
 
 
A Bitter-Sweet Taste of Chemical Sensitivity 09/22/2011
State: KS | Segment: | 0
We know that there are individuals with extreme sensitivity to chemicals. What we don't know, in many cases, is whether exposure to chemicals in the workplace produces a compensable incident under workers comp. As with work-related illnesses (e.g., cancer possibly caused by workplace carcinogens...Read More
 
 
A Supreme View 09/08/2011
By: Mullen & Filippi
State: CA | Segment: | 0
On this final weekend of the summer, you might decide to take a drive or hike to the top of the nearest hill to enjoy the view. When it is clear enough, you can see everything in the surrounding area, and gain a whole new understanding of your surroundings. When questions arise about interpretation ...Read More
 
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