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Industry Insights

 
Not Just a Down Cycle; Why The Next Years Will Really Hurt 05/19/2007
State: CA | Segment: | 0
By David DePaolo If there is one thing that is consistent in workers' compensation, it is the cyclical nature of the industry, and occurs roughly every 10 years (Insurance Information Institute). Rates go up, rates goes down. Claims go up, claims go down. Employment goes up, employment go...Read More
 
 
N.J. Supreme Court Waters Down Intoxication Defense 04/21/2007
State: CA | Segment: | 0
Unlike civil actions for negligence, which are derived from the development of the common law for torts, the administration of workers' compensation benefits in New Jersey, like the vast majority of states, is established by statute (the Workers' Compensation Act). Under the Act, the emp...Read More
 
 
Nonsubscriber Legislative News in the Lonestar State 04/07/2007
State: CA | Segment: | 0
Over the past several years the Texas legislature has debated many issues impacting nonsubscribers. These have included measures mandating workers' compensation and bills to make nonsubscription, in some way, less attractive. Several bills have been introduced during the 2007 session that would dire...Read More
 
 
No-Fault Denial Does Not Have to Attach Copy of Fee Schedule 03/10/2007
By: Larry Rogak
State: CA | Segment: | 0
By Larry Rogak Stanley Liebowitz, M.D. P.C. a/a/o Marion Golden v. American Tr. Ins. Co., 2007 NYSlipOp 50372(U) (App. Term, 2d Dept) Defendant-insured appealed from an order of the Civil Court, Queens County (Gerald Dunbar, J.) which granted plaintiff's unopposed cross motion ...Read More
 
 
Non-subscription -- An Alternative that Works 12/30/2006
State: CA | Segment: | 0
Editor's note: Texas is now the only state allowing employers the option to opt out of the workers' compensation system. The 2006 non-subscription survey conducted by the Texas Department of Insurance Workers' Compensation Research and Analysis Group revealed that 37% of employers are now no...Read More
 
 
Neither Independent Contractor Nor Truck Owner Liable 12/16/2006
By: Larry Rogak
State: CA | Segment: | 0
By Larry Rogak Walker v. First Transit Inc. et al., 2006 NY Slip Op 09229 (2nd Dept 2006) The plaintiff was employed as a delivery driver by Airborne Express. As he was exiting a van through the rear door to make a delivery, a gust of wind caused one of the opened rear d...Read More
 
 
No Summary Judgment Under Scaffold Law 10/21/2006
State: CA | Segment: | 0
Edited by Lawrence N. Rogak Berenson v. Jericho Water Dist. et al. 2006 NY Slip Op 07133 Decided on Oct. 3, 2006, Appellate Division, Second Department, Index no. 2004-07037 While working at a construction site, the plaintiff fell from a scaffold and sustained injuries...Read More
 
 
Nabors/Dykes/Welcher; It's A Horserace 09/09/2006
State: CA | Segment: | 0 | Popular with Legal
By Jake Jacobsmeyer To quote the Morton Salt container; "When it rains, it pours." After receiving yet another decision supporting (in a sort of sideways fashion), the appellate decisions in Nabors v. WCAB and Dykes v. WCAB , the workers' compensation c...Read More
 
 
Nabors Reversed, Dykes Endorsed for All 4664 Cases 06/17/2006
State: CA | Segment: | 0
In a move which surprised very few, the First Appellate District Court of Appeals has reversed and remanded the WCAB en banc decision in Nabors v. WCAB holding that when calculating payment of permanent disability where there is apportionment allowed under to Labor Code Section 4664, the inju...Read More
 
 
Nunez and Simi Again 02/11/2006
State: CA | Segment: | 0
The Second District Court of Appeals has finally issued its decision in Nunez v WCAB, where the applicant attorney had challenged the WCAB's holding in Simi v Sav-Max Foods on the ability of a defendant to obtain a medical legal evaluation using the process in effect prior to SB 899. ...Read More
 
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