Industry Insights
| Seasonal Employment TTD Rate Issue | 09/09/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The Court of Appeal in the 5th district issued a very narrowly drawn opinion on the issue of payment of temporary total disability for some seasonal workers holding that where an employee would not have worked at all during the off-season, there would be no entitleme...Read More | |||
| Subsequent Injury Fund? | 08/26/2006 | ||
| State: CA | Segment: | 0 | |||
| The following column was originally a post in the WorkCompCentral Professional Forums. It has been edited and adapted for republication here.By Jake Jacobsmeyer Use of Subsequent Injury Fund does not undermine 4663/4664 but the decisions in Dykes and Nabors do render moot many SIF...Read More | |||
| Serious Problems with Proposed Regs on Medicare Set-Asides | 07/15/2006 | ||
| State: CA | Segment: | 0 | |||
| By John J. Campbell, JD, CELA, MSCC INTRODUCTION On May 4, 2006, H.R. 5309 was introduced in the U.S. House of Representatives. This bill, entitled the "Medicare Secondary Payer and Workers' Compensation Settlement Agreements Act of 2006," proposes significant change...Read More | |||
| Sprains and Strains | 06/03/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jomar Almeda, MD (faculty, WorkCompSchool) Sprains and strains are terms we commonly hear or use and yet, poorly understood. Is a sprain a strain? Is a strain a sprain? In what way is one different from the other? Sprains and strai...Read More | |||
| SJDB vouchers - Even More FAQs | 06/03/2006 | ||
| State: CA | Segment: | 0 | |||
| By Allan Leno It seems (unfortunately) that there are far more questions than answers on the voucher and the related issue of the PD adjustment. Here are a few more. What constitutes an acceptable offer of modified/alternative work for a seasonal worker. What if the "se...Read More | |||
| SAWW for 2007 | 06/03/2006 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The information to calculate the impact of the increase in the State Average Weekly Wage (SAWW) on next years' benefit rates is now available. Under the provisions of AB 749/AB 486, the maximum rate for Temporary Total Disability (TTD) and Permanent Total Disability (...Read More | |||
| Somebody Stop Me Before I Commit Fraud Again | 06/02/2006 | ||
| State: CA | Segment: | 0 | |||
| Sometimes the claimants with bogus injuries are so incautious that one could suspect they desire enough restraint (provided by others) in order to straighten themselves out. Our claimant worked for a roofing company and went out on temporary disability alleging a back injury. Had he s...Read More | |||
| Subrogation Against Municipality - Notice Benefits | 05/20/2006 | ||
| By: Larry Rogak | |||
| State: CA | Segment: | 0 | |||
| By Larry Rogak Hartford Insurance Company v. City of New York, (Index No. 34056/02) (2d Dept 2006) An insurer that brings a subrogation action against a municipal corporation gets the benefit of the notice of claim filed by the subrogor, the Second Department has ruled....Read More | |||
| SJDB vouchers - More FAQs | 05/20/2006 | ||
| State: CA | Segment: | 0 | |||
| By Allan Leno The applicant has an accepted 2005 CT claim that overlaps two policy periods by different insurers. The treating physician has determined the applicant has permanent disability and work restrictions that preclude a return to his regular duty; the employer cannot provide ...Read More | |||
| Substantial Compliance is Good Enough (Sometimes) | 05/06/2006 | ||
| State: CA | Segment: | 0 | |||
| By Bill Minick, President, PartnerSource, Inc. In Lacy v. Fulbright & Jaworski, 405 F.3d 254 (5th Cir. 2005), a benefit plan's denial of coverage "substantially complied" with ERISA's claim regulations, so it was sufficient to trigger the time limits for the plan participant to file an ap...Read More | |||
