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Industry Insights

 

Wickert: Court Opens Door to Employee Intervention After Statute of Limitations Runs 12/20/2018
Source: Gary L. Wickert
State: IL | Segment: Top | 0
The Illinois Supreme Court has somewhat clarified an injured employee’s rights to pursue a third-party case by intervening into a third-party subrogation suit filed by the workers’ compensation carrier, even after the personal injury statute of limitations runs. ...Read More
 
 

Insisoulath: Litigating Modern Psyche Claims 12/21/2018
By: Julie Insisoulath
State: CA | Segment: Top | 0
While we all may have a general understanding of workers’ compensation claims alleging physical injury, some of us are not completely comfortable handling psyche claims. ...Read More
 
 
Morrisroe: Between a Rock and a Hard Place 12/19/2018
By: Sean Morrisroe
State: CA | Segment: Top | 0
It’s a bad place to be: between a rock and a hard place. Mick Jagger has sung about it. You’ve seen defense counsel stuck there at the board. At a hearing, an aggressive applicant's attorney demanding a penalty for delayed or refused payment of some benefit post-...Read More
 
 

Slyngstad: How to Reduce Litigation Costs in Your Claims Process 12/18/2018
By: Colleen F. Slyngstad
State: NA | Segment: Top | 0
Attorney involvement has been steadily driving up workers' compensation claims costs over the past decade, and research reveals the problem has never been worse. ...Read More
 
 

Snyder: Written Mediation Disclosure Agreements 12/17/2018
By: Teddy Snyder
State: CA | Segment: Top | 0
Effective Jan. 1, 2019, California attorneys must provide a written mediation disclosure statement to clients or face potential disciplinary consequences. ...Read More
 
 

Jacobsmeyer: Court Reverses WCAB on Apportionment Causation Standard 12/14/2018
By: Jake Jacobsmeyer
State: CA | Segment: Top | 0
The 1st Appellate District Court of Appeals has reversed yet another WCAB opinion in which the board has applied the post-SB 899 rules on apportionment too restrictively. ...Read More
 
 

Fein: Choosing the Right Drug-Testing Courses 12/13/2018
Source: Lewis Fein
State: NA | Segment: Top | 0
A drug-free workplace is a safer place to work, provided the drug testers themselves have passed the test; provided they have done the coursework; provided they have taken the right courses to do their jobs with accuracy and ease; provided the provider of the coursework is himself an expert &mdas...Read More
 
 

Young: Rand Posts Med-Legal Study Draft Report 12/12/2018
By: Julius Young
State: CA | Segment: Top | 0
Rand Corp. has posted its draft report on medical-legal reporting in California workers’ compensation. ...Read More
 
 

Langham: Time Is Critical 12/11/2018
Source: David Langham
State: FL | Segment: Top | 0
In October, the Mississippi Court of Appeals published Emmanuel Ridge Community Services Inc. v. Loggins. It is a case primarily about about time, and there are lessons to be learned from that aspect. It al...Read More
 
 

Duff: Supreme Court Affirms Full State Reimbursement for Air Ambulance Services 12/10/2018
Source: Michael C. Duff
State: WY | Segment: Top | 0
Imagine the following (a simplification of Air Methods/Rocky Mountain Holdings v. Workers’ Compensation Division): ...Read More
 
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