In Noe v. Superior Court of Los Angeles County (2015) 80 CCC 534, the 2nd District Court of Appeal held that LC 226.8, which prohibits the willful misclassification of individuals as independent contractors, is not limited to employers who make the misclassification decision, b...Read More
Injured workers are sometimes transported by air ambulance helicopter due to their injuries. The transport may either be from the scene of an injury to a hospital or from one hospital to another for a higher level of care. Recently, the number of fee disputes over the amount of reimbursement owed...Read More
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The profitability of workers' compensation has attracted a lot of attention of late.
In part, that’s because the insurers have been celebrating. The NCCI’s state of the line report in 2014 said that the insurance market was “in balance” after a streak of ...Read More
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The workforce has indeed been aging. In contrast to younger age groups, the workforce participation rate of those over 55 is increasing. In 2000, the 10% of lost-time injuries were sustained by workers 55 years old or older. Today, it’s 20%, and the share will continue to grow.
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A young, immigrant and undocumented worker in an above-average injury job is not a situation anyone would prefer to be in.
A recent report zeros in on some of these workers. This month, the National Institute for Occupational Safety and Health and the American Society for Safety Eng...Read More
BUSINESS OF INSURANCE
In Chavarria v. Vasquez, dba JRV Construction, 2015 Cal. Wrk. Comp. P.D. LEXIS 35, the WCAB held that an insurer remained liable for workers' compensation benefits to an injured worker even though it had a pending civil action for rescission of a worker's com...Read More
The Illinois 5th District Appellate Court ruled the Illinois Workers' Compensation Commission, not the Circuit Court, has exclusive jurisdiction to decide whether a claimant who settled a third-party lawsuit resulting from a work-related accident may also pursue workers' compensation bene...Read More
A very cold Vermont winter suddenly broke in early March. Maple syrup lines are flowing.
In another kind of spring awakening, a surge of seemingly unrelated challenges question if workers’ compensation’s "Grand Bargain" should be saved or abandoned. There&rsquo...Read More
When California Labor Codes 4663 and 4664 were changed pursuant to Senate Bill 899 it was understood by the legal and medical stakeholders that major changes in applicable case law were in the making and that the issue of apportionment was about to become even more difficult than it already was. ...Read More