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Industry Insights

 
Paying Fraudulent Claim 'Morally Wrong,' Bad Business 07/14/2007
State: CA | Segment: | 0
"Here's my strategy on the Cold War: We win, they lose." -- Ronald Reagan By Barry Zalma National Underwriter reported on June 27, 2007 that George Fay, executive vice president, worldwide property and casualty claim for Chicago-based CNA Financial, said: "It is abso...Read More
 
 
Proposed Legislation Would Cripple Municipal Budgets 04/21/2007
State: CA | Segment: | 0
By Dennison Allen House Bill 6956 would be the largest unfunded state mandate on the town of Sprague and could cost town and its taxpayers tens of millions of dollars for decades to come. If enacted, the bill would force municipalities to pay for benefits to firefighters who ...Read More
 
 
Proof of Wage Loss Required Where Employment Ends Unrelated to Disability 04/21/2007
State: CA | Segment: | 0
By Anne M. Hammill-Pasqua In the case of Cunnigham v. Atlantic States Cast Iron Pipe, 386 N.J. Super. 423 (App. Div. 2006), petitioner injured his knee in a work-related accident on Oct. 21, 2003. Following the accident, petitioner returned to work full duty and was su...Read More
 
 
Perils of Car Maintenance in Work Comp Fraud 03/10/2007
By: Jim Smith
State: CA | Segment: | 0
By Jim Smith Normally car maintenance is an activity that is good for morale and poses no threat to the individual providing care for his or her equipment. But a person claiming disability and attempting to collect Workers' Comp benefits ought to know better than to clean a car, increase ...Read More
 
 
Payroll Company Was Not Plaintiffs' Employer 01/27/2007
By: Larry Rogak
State: CA | Segment: | 0
By Larry Rogak Thompson v. Avery, 2006 NY Slip Op 52540(U) (Supreme Court, Kings County) (Schmidt, J.) Defendants Xavier Avery and Penny Transportation Inc. moved for summary judgment dismissing the complaint of plaintiffs Diana Thompson and Debbie Furr. On Nov. 13, ...Read More
 
 
Pa. Court Sets Employer Burden of Proof for Pension Offsets 12/16/2006
By: Daniel V. DiLoretto
State: CA | Segment: | 0
By Daniel V. DiLoretto When the General Assembly amended Section 204(a) of the Pennsylvania Workers' Compensation Act, the intent was to reduce the escalating costs of workers' compensation by allowing employers an offset against workers' compensation benefits for Social Security, severan...Read More
 
 
Prior Court Decision Holding Denial Invalid Gets Collateral Estoppel Effect 12/02/2006
By: Larry Rogak
State: CA | Segment: | 0
By Larry Rogak Tarek Abdelhaq v. Global Liberty Ins. Co. of NY, AAA assessment, No. 17 991 03023 06 (Thomas J. McCorry, Arbitrator) (Award dated 8/07/06). This arbitration had previously been stayed, pursuant to a petition by the insurer. The stay had been sought on the ...Read More
 
 
Permanent Disability Redefined 09/09/2006
State: CA | Segment: | 0
By Michael Sullivan Ed. Note: This is the sixth in a series of articles. The prior articles can be accessed by clicking on the titles in the side bar at right. A number of changes have been made to the concept of permanent disability. A. Continuity of Pay...Read More
 
 
Peer Review Data Calls To Be A Reality in Texas 09/09/2006
State: CA | Segment: | 0
On May 24, Workers' Compensation Commissioner Albert Betts announced that the Division of Workers' Compensation (DWC) intends to collect peer review information from insurers through the use of data calls. The announcement was made during the Texas Department of Insurance Working Group meeting held...Read More
 
 
Present Value and Apportionment 07/15/2006
State: CA | Segment: | 0
by David J. DePaoloIn our last article I opined that one of the most pressing issues in the current legal debate on apportionment was the definition of "disability". But the complexity of the "new apportionment" doesn't stop at definitions, because when the Legislature changed the apportionm...Read More
 
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