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Workers' Compensation News

Drug and Alcohol Intoxication Not Always a Losing Case 05/02/2012
State: NV | Segment: | 445 | 0
A blog post  by Thomas A. Robinson for Lexis Nexis ...Read More
Denial of Workers' Comp Claim May Form the Basis of a RICO Claim 04/25/2012
By: Robert Meyers
State: MI | Segment: | 591 | 0
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
Determining Medicare Status 02/06/2012
By: Mark Popolizio
State: NA | Segment: | 1063 | 0
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
Dual Persona Doctrine not an Exemption to Exclusive Remedy 12/15/2011
By: Kevin J. Cooper
State: PA | Segment: | 936 | 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: | 1041 | 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: | 525 | 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: | 453 | 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
State: NA | Segment: | 738 | 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: | 824 | 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: | 1479 | 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
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