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Workers' Compensation News


 
Death Before Compromise and Release Approval 12/20/2013
State: CA | Segment: | 820 | 0
Your humble blogger was at a certain Bay Area board recently, zealously advocating for his client's interests, when he overheard a not unheard-of factual scenario:Applicant enters into a compromise and release agreement with defendant.  The compromise and release includes funds ...Read More
 
 
December 2013 Case Law Update 12/11/2013
State: CA | Segment: | 1663 | 0
JURISDICTION AND SUBROGATIONIn Connecticut Sun v. WCAB (Johnson) (2013) B249201, the 2nd District Court of Appeal held that California did not have sufficient interest to apply its workers' compensation law and to retain jurisdiction over a case involving a professional basketball pl...Read More
 
 
Defining Catastrophic Injuries 11/06/2013
State: CA | Segment: | 1671 | 0
One of the larger questions surrounding the 2012 Senate Bill 863 California workers' comp reforms is how "catastrophic" will be interpreted.Labor Code 4660.1(c) was added to prevent permanent disability ratings for psychiatric disability (and sleep and sexual dysfunction) for p...Read More
 
 
Dying to Me Don't Sound like all that much Fun 10/24/2013
State: NA | Segment: | 562 | 0
John Mellencamp had a hit years ago, called The Authority Song. I heard a DJ once say that this was from his "rebellious period," which I thought really did not narrow it down much with Mellencamp. One of his lyrics in this song struck me when I read a recent report on opioids: ...Read More
 
 
Did Rising Workers' Comp Costs Kill Dominick's Finer Foods? 10/21/2013
By: Eugene Keefe
State: IL | Segment: | 580 | 0
Our readers were saddened to hear Safeway, the parent corporation of Dominick’s grocery stores, pulled the plug on 72 grocery stores and approximately 8,000 workers who all had generally excellent union jobs in our state with pensions and other benefits. One concern voiced by a reader is wheth...Read More
 
 
DSM-5: Assessing Psych Disability in PI and WC Cases 10/17/2013
By: Dr. Bruce Leckart
State: CA | Segment: | 772 | 0
By now, virtually every interested professional has heard about the publication of the DSM-5 and probably almost as many have heard about its multiple flaws and lack of acceptance by mental health professionals all around the world. If you need some information about these issues, check out the news...Read More
 
 
DSM-5: Chicken Little was Right 07/15/2013
By: Dr. Bruce Leckart
State: NA | Segment: | 1021 | 0
I spent 30 years as a psychology professor teaching classes in research, statistics and clinical psychology. I also spent the past 28 years working as a forensic psychologist, most of which was in workers’ compensation. I’m not a particularly open person, but given my history and what is...Read More
 
 
DSM 5: Major Changes in Medical-Legal Cases 06/04/2013
By: Dr. Bruce Leckart
State: CA | Segment: | 1026 | 0 | Popular with Legal
Thirteen years after the DSM-IV-TR was published in May 2000, the DSM-5 was officially published on May 22, 2013. Essentially, the DSM-5 has the potential for far-reaching and major changes in medical-legal cases. Basically, if the DSM-5 is sanctioned for use in medical-legal cases, psychologists, p...Read More
 
 
Daubert v. Frye, a Fla. Debate no More 05/16/2013
State: FL | Segment: | 913 | 0
In 1923, the courts came up with a methodology for an adjudicator's evaluation of the admissibility of expert testimony in Frye v. United States, 58 293 F.2d 1013 (D.C. Cir 1923). This standard was widely accepted, and when the Federal Courts adopted The Federal Rules of Evidence, Frye was codif...Read More
 
 
Did the 1st DCA Decision Make all Reserves Inadequate? 04/01/2013
By: James J. Moore
State: FL | Segment: | 555 | 0
The Florida 1st District Court of Appeal's ruling that the state's 104-week cap on temporary disability benefits is unconstitutional shows how little the upper courts understand the intricacies...Read More
 
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