Industry Insights
| Contradictory Special Mission Exception Decisions | 02/10/2007 | ||
| State: CA | Segment: | 0 | |||
| By Ian G. Zolty The Appellate Division in the matters of Delson v. Growing Years and Tighe, Jr. v. Jack Trebour Motorcycles, LLC, reviewed similar fact patterns but reached inapposite decisions of compensability in applying the special mission exception to the going and coming rule. Of no...Read More | |||
| Combined Values | 02/10/2007 | ||
| State: CA | Segment: | 0 | Popular with Legal | |||
| By Christopher Brigham This week's tip is on "Combined Values". Most values in the Guides are combined, not added. A few points: * The "Philosophy and Use of the Combined Values Chart" is presented in Section 1.4 on pages 9 and 10, and the Combined Values Chart appears on page...Read More | |||
| Comp in New York: Death Spiral Finally at an End? | 02/10/2007 | ||
| State: CA | Segment: | 0 | |||
| By Jon Coppelman Workers' comp seems to embody the worst of all possible worlds in New York state: the benefits are way too low; the premiums are way too high. The system is full of friction, with virtually every claim decision requiring the involvement of a judge. The system,...Read More | |||
| Can Workers' Compensation Carriers Subrogate Against Uninsured Motorists' Benefi | 01/29/2007 | ||
| By: Gary L. Wickert | |||
| State: CA | Segment: | 0 | |||
| By Gary L. Wickert Every state has a system of workers' compensation to provide benefits for workers injured on the job. These benefits are paid regardless of fault and usually according to a statutory scheme set forth in the state statute. Where the work-related injury is the result of n...Read More | |||
| Can an E/C Suspend Benefits for Suspected Fraud? | 01/27/2007 | ||
| State: CA | Segment: | 0 | |||
| Pavilion Apartments v. Wetherington, Case No.: 1D05-3824 (Fla. 1st DCA, 12/6/06) rehearing denied 12/14/06 In what MKRS believes to be an unusual statement, one which may or may not be controlling precedent, the District Court has observed (MKRS' characterization): "T...Read More | |||
| Construction Decking Equivalent of Ladder During Construction | 01/27/2007 | ||
| By: Larry Rogak | |||
| State: CA | Segment: | 0 | |||
| By Larry Rogak Beharry v. Public Storage Inc., 2007 NY Slip Op 00102 (2d Dept 2007) Deonarine Beharry, an iron worker, was injured at work when, as he was returning from a coffee break and ascending a flight of unfinished stairs from the second floor to the third floo...Read More | |||
| Call the Doctor -- I Think I am Gonna Crash | 01/16/2007 | ||
| State: CA | Segment: | 0 | |||
| By Robert Graves Gov. Rick Perry signed House Bill 7 (HB 7), the Workers' Compensation Reform Bill of 2005, into law on June 1, 2005. HB 7 made significant changes in the Texas workers' compensation system. Among its many changes, HB 7 broadened the responsibilities of the designated doct...Read More | |||
| Can an E/C Unalaterally Suspend Benefits Based on Suspicions? | 12/30/2006 | ||
| State: CA | Segment: | 0 | |||
| By George Kagan Whether, after Wetherington, an E/C may suspend benefits administratively where it believes a Claimant has committed acts prohibited under S440.105(4)/S440.09? Wetherington v. Pavilion Apartments; Case No.: 1D05-3824 (Fla. 1st DCA, 12/6/06) rehearing de...Read More | |||
| Court Holds $850 No Fault Attorney Fee Applies to Every NF-3 | 12/30/2006 | ||
| By: Larry Rogak | |||
| State: CA | Segment: | 0 | |||
| By Larry Rogak Alpha Chiropractic P.C. a/a/o Stephen Whyte, Victoria Orlando, Maria Reynoso, Leovanny Ramirez, Rafael Tavarez, Javier Tavarez, Mirta Rodriguez, Arthur Jenkins v. State Farm Mutual Auto Ins., 2006 NY Slip Op 26498 (Civil Court, Queens County) (Siegal, j) In this ...Read More | |||
| Court Creates Limited Circumstances of Sudden, Extraordinary Injuries | 12/02/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The 6th Appellate District had issued a significant decision interpreting Labor Code Section 3208.3(d) and the meaning of "sudden and extraordinary employment condition" as an exception to the six-month employment rule for psychiatric injuries. In its decision the c...Read More | |||
