The California 2nd District Court of Appeal has reversed a Workers' Compensation Appeals Board decision, which had in turn reversed a workers' compensation judge's decision in a going and coming rule case.
In Shultz v WCAB (Joint Test Tactics And Training (JT3)) the Cour...Read More
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A basic article of belief in the field of workers’ compensation claims is that a small number of claims are particularly difficult to manage and account for a large share of claims costs.
An applied Pareto Principle, expressed in a “20-80” rule, would say that 20% ...Read More
So, there you are – triumphantly stroking the recent independent medical review decision which upheld the utilization-review determination that the injured worker is not entitled to fresh shipments of caviar to help with his industrial paper cut. What a wonderful feeling – justice is ...Read More
Judgments in two recent court cases held that long-tail asbestos claims are not subject to the comp bar.
A very good friend who spends most of his time dealing with asbestos claims for a very large carrier shared this with me in a recent email. Here’s how he put it:
If t...Read More
When measured in lives lost during concentrated periods of time, these accidents are the worst ones in America. (The occupational victims of asbestos are not included; they deserve their own epitaph in a future column.)
April 16, 1947: Texas City, Texas, dockside explosion takes cl...Read More
The latest intel from several folks in the know is consistent: APAX will not be buying Aetna’s Coventry workers’ comp business.
While it's possible Aetna will look for another buyer, that is doubtful; the issues that reportedly led to the collapse of t...Read More
It not only appears that the Workers' Comp Board’s move from Menands to Schenectady was legal, but WCL §146 Office of the Board was changed last year as part of the annual budget bill.
The old law read:
§ 146 Offices of the board. The principal office of th...Read More
I was privileged to sit through a discussion of workers' compensation issues and challenges this month. I learned a new term, the "ghost policy." When you sit around with workers' compensation experts, you can learn a great deal by listening carefully. I have had the benefit of ...Read More
In Gonzales v. Dirk Limas Corp., 2014 Cal. Wrk. Comp. P.D. LEXIS 264, the WCAB held that a carpenter's psychiatric injury was not barred by LC 3208.3(d), even though he had worked only three months at the time of the injury.
STATUTES OF LIMITATIONS
In Delta Dent...Read More
Maybe the discussion for specialists treating chronic pain should shift away from what law governs their treatment plans and toward what they should really be treating in chronic pain patients. The traditional biomedical model of chronic pain assumes chronic pain occurs because of deviat...Read More