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Workers' Compensation News


 
Emotional Distress Claim Viable Despite Exclusive Remedy 10/29/2010
State: NA | Segment: | 132 | 0
By Tred EyerlyDamon Key Leong Kupchak Hastert  Today's post departs slightly from insurance coverage matters, but is related to a prior post discussing the pursuit of intentional torts against insurers administering claims under the Longshore Harbor and Workers' Compen...Read More
 
 
Employee Must Request Accommodation to Trigger Interactive Process 07/28/2010
State: CA | Segment: | 112 | 0
By Richard M. "Jake" JacobsmeyerShaw, Jacobsmeyer, Crain, Claffey & NixThe 4th District Court of Appeals has reversed a six-figure award for employment discrimination in a Fair Employment and Housing Act claim arising from a work-related injury to a water plant treatment worker...Read More
 
 
Exclusivity Doctrine Shields Employer in Mesothelioma Claim 04/14/2010
By: Jon Gelman
State: NA | Segment: | 125 | 0
By Jon GelmanA federal Judge, who is managing the multi-district asbestos litigation, has ruled that the exclusivity doctrine defeats the application of the dual capacity doctrine where the manufacturer's corporation was merged into the employer's corporation. The emp...Read More
 
 
E/C Cannot Tax Costs for Winning a Few Days of TTD 04/12/2010
By: Michael Rabinowitz
State: FL | Segment: | 141 | 0
By Michael RabinowitzBanker Lopez GasslerFile this one under obvious decisions: Claimant asserts temporary partial disability benefits for a four month period.  The employer/carrier asserts that claimant is not entitled to any temporary partial disability payments since he vol...Read More
 
 
Employer Still Has Right to Choose Doctor 12/17/2009
By: Michael Rabinowitz
State: FL | Segment: | 223 | 0
By Michael RabinowitzWith the release of the recent Parodi decision, I lamented the risk employer/carriers take when they deny claims, specifically medical claims.  With Parodi, a claimant can just obtain an treatments from an unauthorized physician, and if the treatment is proven t...Read More
 
 
Exclusive Remedy for Losing Your Face? 12/11/2009
State: NA | Segment: | 331 | 0
By Jon CoppelmanUsually employers try to prove that someone is not an employee, in order to avoid the workers comp liability. (Think "independent contractor.") Today we examine a truly horrific case where the employer is desperate to establish compensability under workers comp, so that a...Read More
 
 
Ebilling and State Reporting: Are you Prepared? 11/23/2009
State: NA | Segment: | 223 | 0
By Kevin TriboutNudging the workers’ compensation marketplace into the twenty-first century, state regulators have either moved forward with or are developing mandates for electronic reporting of medical claims data. Given activity in three key states, it appears that ebilling requ...Read More
 
 
E-billing and its Impact on State Funds 11/13/2009
State: NA | Segment: | 254 | 0
By Scott Brener and Greg KrohmWhen it comes to processing and paying medical bills, workers' compensation is distinctly different than general health insurance. Some of these differences are unavoidable, like the need for detailed office notes and prior medical history t...Read More
 
 
Earnings and TD: Old Conundrums, New Complications 10/26/2009
State: CA | Segment: | 275 | 0
Read this article for 2 hours CE credit - Click Here! By Howard StevensIn 2006 the Fifth District Court of Appeal expressed the opinion that the calculation of the ...Read More
 
 
Earnings and TD: Old Conundrums, New Complications 10/21/2009
State: CA | Segment: | 382 | 0
By Howard StevensThe Law Offices of McDermott & ClawsonIn 2006 the California 5th District Court of Appeal expressed the opinion that the calculation of the temporary disability benefit was "a fairly simple calculation." (Signature Fruit v. WCAB (2006) 71 CCC 1044.) We commente...Read More
 
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