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Industry Insights

 
CWCI Explores True Costs of Increased Drug Testing 06/06/2012
State: CA | Segment: | 0 | Popular with Legal
In previous workers' compensation defense posts, we've discussed how state lawmakers, health officials and employer/employee advocacy groups are all growing increasingly concerned about the rate at which prescriptions for narcotic painkillers are being issued to injured workers here in Calif...Read More
 
 
Computation of Time 05/24/2012
By: Michael Rabinowitz
State: FL | Segment: | 0 | Popular with Legal
The Workers’ Compensation Act is littered with landmines of deadlines that if an employer/carrier (E/C) does not abide by can exponentially increase the value of their claims. Understanding those deadlines (the three-day rule, the five-day rule, the 10-day rule, etc...) is imperative....Read More
 
 
Conn. Opioid Protocols: Great Step, Now Let Us Talk to the Docs 05/23/2012
State: CT | Segment: | 0 | Popular with Legal
The state of Connecticut's Workers' Compensation Commission released revised protocols for opioid prescribing.  Like several other states, Connecticut goes out of its way to emphasize that "the protocols are not meant to be absolute; there must be room for medical judgment." Granted. ...Read More
 
 
Case Law Update 05/07/2012
State: CA | Segment: | 0 | Popular with Legal
The following is a summary of important updates to California workers' compensation law.JURISDICTION AND SUBROGATIONIn Cash v. Detroit Lions, Atlanta Falcons, 2011 Cal. Wrk. Comp. P.D. LEXIS 567, the Workers' Compensation Appeals Board held that it had jurisdiction ov...Read More
 
 
Claimant Must 'Willfuly' Ignore Order to Tax Costs 05/03/2012
By: Michael Rabinowitz
State: FL | Segment: | 0
First, my apologies for the lack of posts.  I’ve been in my ‘Comp Cage working feverishly on another appeal.Now back to business. Some time ago I proposed that the only way to enforce an order to tax costs against a claimant under Chapter 440 is to seek a dismissal of th...Read More
 
 
Cost Containment Piracy 04/27/2012
State: CA | Segment: | 0 | Popular with Wcc
When looking for cutting edge activities in workers comp abuse, it's a good idea to start in California, where key stakeholders occasionally function like pirates in the Gulf of Aden. We have frequently focused on the burgeoning costs of opioids in the workers comp system. As we learned at the W...Read More
 
 
Court Lets Ex-Wife to Take Part of MSA Account in Divorce Action 04/12/2012
By: Mark Popolizio
State: IL | Segment: | 0 | Popular with Insurance
In the case of In re Marriage of Washkowiak, 2012 Ill. App. Lexis 151 (Ill. App. 3 Dist., March 7, 2012) the Illinois Appellate Court ruled that a claimant’s former wife was entitled to receive 17.5% of the funds from his Medicare set-aside (MSA) account per the terms of the parties’ div...Read More
 
 
Court Rules LC 3208.3 Burden of Proof Falls on Applicant 04/02/2012
State: CA | Segment: | 0 | Popular with Legal
The California 2nd District Court of Appeals has reversed a Workers' Compensation Appeals Board award of psychiatric injury for an employee with less than six months employment and in doing so has provided valuable additional guidance on the criterion for meeting the statutory exception to the s...Read More
 
 
Coming to California for Workers' Comp 03/14/2012
State: CA | Segment: | 0 | Popular with Legal
California workers’ compensation does not often get attention from the world at large.  Most people work, some people get injured, and the lawyers usually fight it out – your typical newspaper or anchor will not discuss workers’ compensation because of its narrow application.&...Read More
 
 
Court Dismisses Lawsuit Seeking to Hold Carrier Liable under MSP 03/13/2012
By: Mark Popolizio
State: NA | Segment: | 0
In Caldera v. Insurance Co. of State of Pennsylvania, No. C-11-321, 2012 WL 360183 (S.D. Texas Feb. 2, 2012) a claimant filed a private cause of action claim against the workers’ compensation carrier seeking double damages under the Medicare Secondary Payer Statute (MSP) in relation to certain...Read More
 
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