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Industry Insights

 
Claimant Need Not Prove Injury Caused Wage Loss to Earn Max IIBs 03/02/2010
By: Michael Rabinowitz
State: FL | Segment: | 0
By Michael RabinowitzHere is an interesting decision regarding the relatively overlooked payment of impairment income benefits (IIBs).  In Seminole County v. Baumgardner, Claimant missed work during the period he was entitled to IIBs.  He failed to earn under 100% of his pre-in...Read More
 
 
Claims-Acceptance Rules 01/04/2010
By: Eugene Keefe
State: IL | Segment: | 0
By Eugene KeefeWe are starting to see more and more assignments come in with a truly anomalous claims issue—claims that have been: “Held” by the adjuster for weeks, months and years prior to being sent to defense counsel; Sub...Read More
 
 
Calif. Comp is OK: Just Don't Get Sick 12/21/2009
By: Jon Gelman
State: CA | Segment: | 0
By Jon GelmanThe Rand Corp. published yet another report evaluating the troubled California workers' compensation system. The report, in its esoteric evaluation, reflects on the poor financial judgment of the industry to meet the needs of the injured workers.The study mis...Read More
 
 
Coming Out on the Winning End Without Going to Trial 12/16/2009
State: FL | Segment: | 0
By E. Louis Stern and Jacqueline L. BlantonFlorida’s workers’ compensation statute is intended to be self-executing, allowing for a quick and efficient delivery of benefits to an injured worker so as to facilitate his return to gainful employment at a reasonable cost to the e...Read More
 
 
Congress, Health and Unintended Consequences 12/01/2009
By: Jon Gelman
State: NA | Segment: | 0
By Jon GelmanThis past week some very dramatic things happened in the workers’ compensation world. The U.S. Senate moved forward on initiating a floor debate on health care. At the same time, a group of workers’ compensation scholars met in Washington D.C. to discuss the ...Read More
 
 
Can I Fire My Injured Employee? 11/18/2009
State: CA | Segment: | 0 | Popular with Insurance
By Howard StevensEleven years ago, when our newsletter made its debut, we published an article about Labor Code §132a and recommendations for ways to avoid trouble under this potentially very expensive liability.With continued downsizing of industry in California, we bel...Read More
 
 
Court Sets Geographical Limits on Compenable Consequence Claims 10/27/2009
State: CA | Segment: | 0
By Michael LeClercLast week, October 13, 2009, the 4th District Court of Appeal held that there are reasonable geographical limits to an employer's liability for compensable consequence claims.In Esquivel v. WCAB, the injured worker resided in San Diego. After suffe...Read More
 
 
Consider Your Auto-Termination Policy 10/12/2009
By: Eugene F. Keefe
State: IL | Segment: | 0
By Eugene F. Keefe Synopsis: Auto-termination policies may now be HR "poison" — we were stunned to see a record-high settlement between the EEOC and Sears involving an auto-termination policy based on extended absence.Editor's comment: If you have an a...Read More
 
 
Coventry Healthcare Has Solved the Problems of Yesterday 09/30/2009
By: Joe Paduda
State: NA | Segment: | 0
By Joe PadudaFrom comments made by management at Coventry's presentation at a recent Morgan Stanley investor day, the company's efforts to refocus on core businesses appears to be working.Of the two key takeaways, one was wildly obvious while the other much less so. T...Read More
 
 
Costs Must be Contained in Health Care Reform 08/31/2009
By: Eugene F. Keefe
State: IL | Segment: | 0
By Eugene F. Keefe Synopsis: Thoughts from the trenches of the Illinois workers' compensation system for our Commander-in-Chief on the tough health care decisions that face our country. Editor's comment: The American health care expectation is:...Read More
 
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