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Industry Insights

 

Grinberg: WCAB Allows Applicant to Self-Administer Over Defense Objections 08/30/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
Imagine you’re in a particular situation: Applicant wants to compromise and release a claim, and neither you nor the applicant can know with certainty what the cost of lifetime medical care will be. Pretty common, right? ...Read More
 
 

Geaney: What Costs, Legal Fees Are Deducted From Lien of Employer or Carrier? 08/25/2022
By: John H. Geaney
State: NJ | Segment: Top | 0
One recurring question that adjusters and practitioners are often asked is this: In computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third-party action? Further, does...Read More
 
 

Grinberg: In-Person Walk-Throughs Are Back 08/23/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
The news I bring today isn’t happy news at all, at least as far as I am concerned. The Department of Industrial Relations has announced the return of in-person walk-throughs, effective Sept. 6 (except in Eureka), and the end of the Lifesize virtual walk-through. ...Read More
 
 

Grinberg: Applicant Fails to Carry Burden on New-and-Further Petition 07/26/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
I don’t mind sharing with you that not much warms the cold, dark heart of a workers’ compensation defense attorney like the proper application of the statute of limitations.  Isn’t it enough to bring a tear to one’s eye? This is particularly the case when a petit...Read More
 
 

Grinberg: Are We Loving the Med-Legal Fee Schedule Yet? 07/21/2022
By: Gregory Grinberg
State: CA | Segment: Top | 1
Let’s take a look at the current med-legal fee schedule. In a supreme bit of irony, the fee schedule went into effect on April Fools’ Day in 2021. Now that we’ve had it for over a year, what results can we see from this new system? ...Read More
 
 

Geaney: ESA Not a Payment for Disputed Claim 07/18/2022
By: John H. Geaney
State: NJ | Segment: Top | 0
The case of Donald Servais v. Ocean Wholesale Nursery LLC. presents an unusual legal issue in workers’ compensation.  ...Read More
 
 

Grinberg: About That Other SCOTUS Decision ... 07/11/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
Naturally, since June 24, when the United States Supreme Court issued its ruling overturning Roe v. Wade, almost all attention has been focused on that decision, and understandably so. Few issues in American political discourse trigger such strong emotions and such polarizing ...Read More
 
 

Grinberg: Take-Home COVID in Play Again Before Supreme Court 07/07/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
I hope you aren’t tired of hearing more about COVID-19, because there has been a new development in the Kuciemba case. ...Read More
 
 

Grinberg: Reminder About Defense Burden on Apportionment 07/05/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
Let’s take a moment to look at a panel decision on apportionment.  ...Read More
 
 

Grinberg: New Copy Service Regs Are Out 06/28/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
Thank you so much for all the kind applicant attorneys who said “hello” during the California Applicants' Attorneys Association conference in Carlsbad over the weekend. And for those of you kind enough to share your rotten tomatoes and spoiled onions while I was on ...Read More
 
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