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Workers' Compensation News


Judge Can't Use 120-Day Rule to Authorize Surgery if Worker Didn't Raise It in Pleadings 05/21/2018
Source: WorkCompCentral
State: FL | Segment: SOUTH | 193 | 0 | Popular with Legal | 20 min read
A Florida appellate court overturned a judge’s finding that a worker was entitled to a back surgery based on her employer’s violation of the statutory “120-day rule,” since the she had not raised the rule as a basis for obtaining authorization for the procedure. ...Read More

Judge Approves Reorganization Plan for Troubled Patriot National 05/10/2018
By: William Rabb (Reporter)
State: FL | Segment: Top | 900 | 0 | Popular with Legal | 29 min read
The story of troubled insurance and claims-management company Patriot National Inc., and its high-flying CEO, took another twist this week when a bankruptcy judge approved a Chapter 11 reorganization plan. ...Read More

Judge Dismisses Unfair Competition Suit Against Attorneys Facing Capping Charges 05/09/2018
State: CA | Segment: WEST | 2331 | 2 | Popular with Legal | 16 min read
A federal judge dismissed a complaint filed by a Southern California lawyer against 10 of his fellow claimants' attorneys who are accused of paying fees for client referrals as part of an alleged capping scheme in Orange County. ...Read More

Judge Dismisses Most Claims in Lien Stay Challenge, Won't Hold DIR in Contempt 05/02/2018
By: Greg Jones (Deputy Editor)
State: CA | Segment: Top | 1740 | 0 | Popular with Legal | 89 min read
A federal judge dismissed most of the claims in a lawsuit challenging the constitutionality of a California law requiring the Department of Industrial Relations to stay liens filed by, or on behalf of, criminally charged providers, but allowed plaintiffs the opportunity to file an amended complai...Read More

Judge Must Decide Arbitrability of Disputes Under EquityComp Agreement 04/10/2018
Source: WorkCompCentral
State: NE | Segment: NORTH | 248 | 0 | Popular with Insurance | 8 min read
The Nebraska Supreme Court ruled that a trial judge should have decided whether the terms of an arbitration agreement between Applied Underwriters and a disgruntled EquityComp customer required that a dispute over allegedly unpaid costs be decided by an arbitrator. ...Read More

Jury Rejects Library Assistant's Retaliation Claim 04/03/2018
State: MA | Segment: NORTH | 421 | 0 | Popular with Legal | 7 min read
A federal jury found no merit in claims made by a former library assistant that the city of Lowell retaliated against her for filing a workers’ compensation claim, according to ...Read More

Judge Used Wrong Standard of Review to Overturn Denial of Worker's Request for Fees 03/20/2018
Source: WorkCompCentral
State: GA | Segment: SOUTH | 262 | 0 | Popular with Legal | 185 min read
The Georgia Court of Appeals vacated a trial judge’s ruling overturning a decision that denied an injured worker’s request for an additional attorney fee, saying the trial judge had applied the incorrect standard of review. ...Read More

JCC Erred in Rejecting Opinion of EMA on Firefighter's Impairment After Cardiac Ablation 03/19/2018
Source: WorkCompCentral
State: FL | Segment: SOUTH | 273 | 0 | Popular with Legal | 121 min read
The 1st District Court of Appeal ruled that a judge of compensation claims wrongly dismissed the opinion of an expert medical adviser as to the extent of a firefighter’s impairment. ...Read More

Judge Hands Younger Drobot 41-Month Sentence 03/09/2018
By: Greg Jones (Deputy Editor)
State: CA | Segment: Top | 2804 | 0 | Popular with Legal | 45 min read
Michael R. Drobot, the son of the former owner of Pacific Hospital of Long Beach, was sentenced to 41 months in federal prison for operating a drug dispensing program used to pay kickbacks to providers who referred patients to his father's hospital. ...Read More

Judge, Board Didn't Understand Causes of PTSD, Appellate Court Says 03/01/2018
By: Emily Brill (Reporter)
State: OR | Segment: Top | 463 | 0 | Popular with Insurance | 27 min read
The Oregon Court of Appeals on Wednesday reversed the Workers' Compensation Board's denial of a 911 dispatcher's post-traumatic stress disorder claim, finding that the board had not reasonably interpreted the interplay between her psychiatrists' reports and the official ...Read More
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