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Workers' Compensation News


 

Wickert: Court Grants Carrier Right to File Third-Party Action 10/03/2016
State: CT | Segment: Top | 389 | 0
Until recently, Connecticut’s Workers’ Compensation Subrogation Statute § 31-293 labored under the judicial interpretation by which an employer was allowed to file a third-party action, but its workers’ compensation carrier was not. Subrogated carriers had to hope...Read More
 
 
Wolfe: Timeliness of Independent Medical Review 09/12/2016
State: CA | Segment: Top | 461 | 0 | Popular with Legal
One of the hallmark provisions of the most recent statutory amendments to the Labor Code, independent medical review (IMR) has generated much litigation and even more speculation as to its ramifications and ultimate constitutionality. Notwithstanding these factors, IMR has been ...Read More
 
 

Wickert: State Supreme Court Weighs In on Horizontal Immunity 08/29/2016
By: Gary Wickert
State: OH | Segment: Top | 445 | 0
Exclusive remedy protection is being handed out to non-employers like candy on Halloween by courts and legislatures across the nation, and Ohio is the latest state to join the giveaway. ...Read More
 
 

Weinmann: Now Comes SB 1160: Unreasonable Denials 08/23/2016
State: NA | Segment: Top | 977 | 0
SB 1160 (Sen. Tony Mendoza, D-Artesia) would require that lien claimants in workers' comp file declarations with all liens as of Jan. 1, 2017. Failure to follow through on this step would enable the Workers' Compensation Appeals Board to dismiss the lien. As part of the sig...Read More
 
 

Weinmann: SB 863 Benefits Employers, Harms Injured Workers 07/26/2016
State: NA | Segment: Top | 470 | 0
News Release 2016-73, Department of Industrial Relations (DIR), July 15, 2016, boasts that workers comp reforms have shown "benefits for injured workers, employers." This writer agrees that the work comp reforms mandated by Senate Bill 863 have brought about substantial benefits fo...Read More
 
 

Wickert: Understanding the Exclusive Remedy Rule 07/19/2016
State: NA | Segment: Top | 900 | 0 | Popular with Insurance
The exclusive remedy rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation in order to protect themselves from liab...Read More
 
 

Wickert: The Best and Worst States for Subrogating Workers' Compensation Claims 05/16/2016
State: NA | Segment: Top | 530 | 0
It makes very little legal sense and, for all intents and purposes, is fundamentally antithetical to a free market, capitalist society. Its underpinnings can be traced to Germany’s Second Reich and its first chancellor, Otto Von Bismarck. It has ties to Marxism and socialism, and its evolut...Read More
 
 

Weinmann: A New Hope for TBI Care 05/05/2016
State: NA | Segment: Top | 369 | 0
In a fit of anti-legislative pique last year, Gov. Brown vetoed legislation that had handily sailed though both houses of the Legislature. The intent of that legislation was to preserve neuropsych QMEs. One of the arguments in favor of so doing was that this group of experts was especia...Read More
 
 

Weinmann: Maintenance of Certification Sneaks in Little by Little 04/29/2016
State: NA | Segment: Top | 362 | 0
We've just seen how maintenance of certification stealth worked in Kentucky, where an attempt to require MOC for licensure may have been nipped in the bud.  ...Read More
 
 

Walls: How Should Workers' Compensation Evolve? 04/22/2016
State: NA | Segment: Other | 694 | 0
Workers’ compensation has been around for more than 100 years. It was developed as a grand bargain between labor and employers to ensure that injured workers received appropriate medical care and wage-loss benefits while employers received protections against tort lawsuits arising from work...Read More
 
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