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Workers' Compensation News

August 2014 California Case Law Update 08/07/2014
By: Michael W. Sullivan
State: CA | Segment: Top | 1152 | 0
INJURY 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
A Better Approach to Chronic Pain Management 06/24/2014
By: Dr. Pamela Thomas
State: NA | Segment: | 593 | 0
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
Appellate Court Upholds Denial of Coal Miner's Claim 06/20/2014
By: James F. Egan
State: IL | Segment: | 768 | 0
In a positive decision which effects numerous employers in the state of Illinois, the Illinois Appellate Court, Workers’ Comp Division upheld the Workers' Compensation Commission's denial of benefits based upon the statute of limitations. In ...Read More
Appeals Court Splits Hairs to Bar Workers' Comp Subrogation 06/09/2014
By: Gary L. Wickert
State: OH | Segment: | 784 | 0
Trial lawyers have a stranglehold on Ohio subrogation. Workers’ compensation subrogation in Ohio has gone through major transformations since it was ruled unconstitutional in 2001. Although subrogation is currently a statutory right of carriers and self-insured employers, it has been a bumpy r...Read More
Another Day, another Battle in the War on Overprescribing Opiates 05/28/2014
State: NA | Segment: | 677 | 0
Fresh off Massachusetts Governor Deval Patrick's donnybrook with Zogenix, maker of Zohydro ER, district attorneys from Orange and Santa Clara Counties in California have filed a consumer protection lawsuit against five opioid manufacturers, charging they conducted a more than decade-long massive...Read More
Arbitrator Sends Strong Message on Questionable Voc-Rehab Concept 05/08/2014
By: John P. Campbell
State: IL | Segment: | 895 | 0
In a ruling we consider important for our readers to be aware of, if you are going to offer an injured worker alternative vocational-rehabilitation services, such services better be conducted by a certified vocational counselor and provide legitimate outside placement. If not, a seven-figure permane...Read More
April Case Law Update 04/15/2014
State: CA | Segment: | 1261 | 0
JURISDICTION AND SUBROGATIONIn Gonzalez v. Seal Methods, Inc. (2013) 79 CCC 134, the 2nd District Court of Appeal affirmed summary judgment in favor of a defendant that an employee's injury while using a power press did not fall under the exception defined in LC 4558.In A...Read More
Are we Approaching Fraud and Abuse the Right Way? 02/10/2014
By: Peter Rousmaniere (Featured Columnist)
State: NA | Segment: | 1505 | 0
The National Insurance Crime Bureau reported in late 2013 that questionable workers compensation claims reported to it rose by 28% over the prior 12 month period, suggesting a surge in bad behavior.  The increase was equivalent to one thirtieth of one percent of annual claims filed.  ...Read More
Appellate Court Now Handling WC Issues, Sort Of 10/01/2013
By: Shawn R. Biery
State: IL | Segment: | 783 | 0
In this ruling, the Illinois Appellate Court weighed in on workers' compensation fee schedule payments in a ruling that should discourage balance billing and may encourage more detail in settlement documents. Attorneys on the other side of the bar should know and understand this important ruling...Read More
August 2013 Case Law Update 08/13/2013
State: CA | Segment: | 1146 | 0
The following is a summary of important updates to California workers' compensation law.JURISDICTION AND SUBROGATIONIn Williams v. New York Knickerbockers, 2013 Cal. Wrk. Comp. P.D. LEXIS 234, the WCAB held that it had jurisdiction over an applicant's cumulative traum...Read More
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