Workers' Compensation News
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Denial of Workers' Comp Claim May Form the Basis of a RICO Claim
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04/25/2012
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By: Robert Meyers
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State: MI | Segment: | 591 | 0
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Executive Summary: The U.S. 6th Circuit Court of Appeals has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may form the basis for RICO clai...Read More
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Determining Medicare Status
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02/06/2012
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By: Mark Popolizio
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State: NA | Segment: | 1063 | 0
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Determining a claimant’s Medicare status is an integral part in evaluating one’s compliance obligations under the Medicare Secondary Payer Statute (MSP). When a claimant is identified as a Medicare beneficiary, several MSP compliance considerations come into play: Medicare, Medicaid, and...Read More
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Dual Persona Doctrine not an Exemption to Exclusive Remedy
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12/15/2011
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By: Kevin J. Cooper
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State: PA | Segment: | 936 | 0
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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
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December Case Law Update
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12/13/2011
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State: CA | Segment: | 1041 | 0 | Popular with Insurance
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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
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Debate on Access to Care Lacks Validation
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06/29/2011
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State: NA | Segment: | 525 | 0
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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
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Duncan is 'Nonsensical'
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03/29/2011
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State: CA | Segment: | 824 | 0 | Popular with Legal
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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
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Discovery Issues in Workers' Compensation Cases
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03/21/2011
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State: CA | Segment: | 1479 | 0 | Popular with Insurance
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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
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