Industry Insights
| Dual Persona Doctrine not an Exemption to Exclusive Remedy | 12/15/2011 | ||
| By: Kevin J. Cooper | |||
| State: PA | Segment: | 0 | |||
| In Soto v Nabisco, Inc., et al., 2011 WL 5831369 (Pa.Super.), 2011 PA Super 249, released on Nov. 21, 2011, the Superior Court of Pennsylvania upheld the decision of the Court of Common Pleas, Philadelphia County which dismissed Roque Soto’s third-party liability claim based upon the employer ...Read More | |||
| December Case Law Update | 12/13/2011 | ||
| State: CA | Segment: | 0 | Popular with Insurance | |||
| The following is a summary of important updates to California workers' compensation law.EMPLOYMENTIn County of Kern v. WCAB (Petersen) (2011) 76 CCC 1037, the Court of Appeal held that a volunteer firefighter with a local nonprofit fighting organization was a county emplo...Read More | |||
| Debate on Access to Care Lacks Validation | 06/29/2011 | ||
| State: NA | Segment: | 0 | |||
| By David J. DePaoloWorkCompCentralAccess to medical care (or impairment thereof) is often cited when a state imposes either regulations (California change to RBRVS) or statutes (Illinois' most recent "reform") that either restrict or cut medical fees.But does this r...Read More | |||
| Despite Toscano, Claimant Must Show Causal Connection for TPD | 06/15/2011 | ||
| By: Michael Rabinowitz | |||
| State: FL | Segment: | 0 | |||
| By Michael RabinowitzBanker Lopez GasslerAfter the release of the Toscano decision (see my analysis here), there has been a mad rush to judgment among the claim...Read More | |||
| Drug Testing in Workers' Comp: We Need More, not Less | 06/02/2011 | ||
| By: Joe Paduda | |||
| State: NA | Segment: | 0 | |||
| By Joe PadudaCompPharma and Health Strategy AssociatesIn the online edition of Risk and Insurance, fellow work comp consultant Maddy Bowling authored a piece focused on a rapidly growing segme...Read More | |||
| Duncan is 'Nonsensical' | 03/29/2011 | ||
| State: CA | Segment: | 0 | Popular with Legal | |||
| By David GrantBradford & BarthelOn Dec. 10, 2010, the California 3rd District Court of Appeal for the Third District reversed the WCAB holding that a cost of living adjustment (COLA) applies commencing January 1 of the year after the injury. See Allied Waste Industries, Inc. v....Read More | |||
| Discovery Issues in Workers' Compensation Cases | 03/21/2011 | ||
| State: CA | Segment: | 0 | Popular with Insurance | |||
| By Howard StevensMcDermott & Clawson Your ProtectionsGenerally speaking there is very little that is not discoverable by a party to a litigated California Workers’ Compensation case. The theory is that open discovery with “all car...Read More | |||
| Do we Need a Ouija Board to Figure out the Future of 'Arising out of?' | 03/14/2011 | ||
| State: IL | Segment: | 0 | |||
| By Gene KeefeKeefe Campbell & AssociatesIncompatible, irreconcilable, unlike, differing, opposite, contrary, reverse Ooops, did Illinois just judicially drop the “arising out of” requirement for workers’ comp claims and reach a completely opposite conclusion?...Read More | |||
| Disability's Digital Divide | 12/20/2010 | ||
| State: NA | Segment: | 0 | |||
| By Jon CoppelmanLynch Ryan & AssociatesUp until recently, Peter Orszag was the director of the White House Office of Management and Budget. As he leaves this job for a presumably more lucrative position with Citibank (no comment), he offers ...Read More | |||
| Dividing the Pie | 12/16/2010 | ||
| By: Mullen & Filippi | |||
| State: CA | Segment: | 0 | Popular with Legal | |||
| By Mullen & FilippiIn this holiday season, pie is a traditional dessert. Dividing the pie equitably is sometimes a challenge, and can be a point of contention among those sharing it. Dividing the pie in workers’ compensation claims can also be challenging, as demonstrated by th...Read More | |||
