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Workers' Compensation News

Essentials of a High Quality Psychological or Psychiatric Report 01/16/2013
By: Dr. Bruce Leckart
State: CA | Segment: | 615 | 0 | Popular with Legal
For some time now I have been writing newsletters about flaws that can be found in psychological and psychiatric reports that have been written in the context of workers’ compensation and personal injury litigations. Now I think it’s about time to write something about what should be in ...Read More
Employers in Illinois Have a Lot to be Thankful for 11/30/2012
State: IL | Segment: | 473 | 0
As of Nov. 20, Illinois employers won’t have to pay outrageously inflated prices for drugs dispensed to their injured employers. Until the Legislature approved regulations capping drug prices for repackaged drugs, employers’ workers' comp drug costs had been increasing at an astoundi...Read More
E\Cs Must Prove a Pre-existing Condition to Assert Idopathic Defense 08/14/2012
By: Michael Rabinowitz
State: FL | Segment: | 591 | 0
Nothing is as frustrating to an employer/carrier as when an employee suffers an accident and cannot explain how the accident took place. This occurs often in slip and falls where the employee readily admits she does not know (or sometimes remember) how she fell. She was walking down and a hallway at...Read More
Employment General Releases are Interconnected to WC Claims 06/01/2012
By: Michael Rabinowitz
State: FL | Segment: | 931 | 0 | Popular with Legal
Over the last three to five years there has been a movement by carriers to disassociate themselves from preparing employer general releases when completing a settlement with a claimant. This is motivated by fear as there was significant litigation by sue-happy claimant’s alleging collusion bet...Read More
ERISA Option Movement Underlies Broader Discontent 04/05/2012
State: OK | Segment: | 547 | 0
Oklahomas experiment with an ERISA option to workers compensation moves forward remarkably fast, with a hearing on Tuesday before the state House Judiciary Committee.Two bills, House Bill 2155 and Senate Bill 1378, began as identical measures but the Senate bill was amended...Read More
Eye Opening 04/03/2012
State: CA | Segment: | 445 | 0 | Popular with Legal
Eye opening and transformative.Thats how Angie Wei of the California Labor Federation described her visit to some hearings at the San Francisco and Oakland Workers Compensation Appeals Board.Wei was among the speakers at a legislative hearing this week on the fu...Read More
Ex-spouse, Medicare Rules and CMS Sting Illinois Man Twice 03/15/2012
By: Shawn R. Biery
State: IL | Segment: | 431 | 0
For all of the consternation with regard to protecting future medical interests when dealing with a potential for Medicare payments in the future, one Illinois court decided a Medicare set-aside trust is a marital asset and subject to division in the divorce proceeding. One concern is what might hap...Read More
Employer May Suspend Benefits for Failure to Complete DWC-19 12/29/2011
By: Michael Rabinowitz
State: FL | Segment: | 728 | 0
Previously, I wrote about how an employer/carrier must present evidence that a claimant failed to complete an earnings report (DWC-19 form) in order to suspend temporary partial benefits. In the Rucker v. Just Brakes case, the E/C failed to assert this as an affirmative defense and therefore the jud...Read More
Employer as Nanny 12/07/2011
State: CA | Segment: | 614 | 0
I hope my dear readers had a wonderful Thanksgiving.  I wish I had a great decision to show you on this welcome-back-to-work morning.  But, sadly, all I have for you is more pocket-picking of a California employer.The Court of Appeals recently declined to review the decimation ...Read More
E/C Must Authorize Treatment for Non-compensable Condition 11/04/2011
By: Michael Rabinowitz
State: FL | Segment: | 789 | 0
(Consider this post as my scary Halloween article for E/C’s.)This issue is hotly debated now among carriers. What do you do when an authorized doctor requires claimant’s non-compensable condition be treated before the doctor will treat the compensable injury?  For exampl...Read More
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