Industry Insights
| WCAB Affirms Prior En Banc Decision re: ADR 35.5(e) as Invalid | 04/09/2014 | ||
| State: CA | Segment: | 0 | |||
| The California Workers' Compensation Appeals Board has issued its follow-up decision in the previously issued en banc decision in Navarro v. City of Montebello. In its original decision, the WC...Read More | |||
| Will ICD-10 Be a Workers' Compensation Adjuster's Friend or Foe? | 04/02/2014 | ||
| By: Dave Battinieri | |||
| State: DE | Segment: | 0 | |||
| Editor's note: The U.S. Senate on Tuesday passed a bill that will delay implementation of ICD-10 until Oct. 1, 2015.We are all anticipating the upcoming release of ICD-10 this fall. ICD-10 is not simply an upgrade of the current ICD-9 code, it is a total rewrite, intended ...Read More | |||
| What Shall We Do with the Pro Se Claimant? | 03/04/2014 | ||
| State: NY | Segment: | 0 | |||
| One recent Appellate division case in New York highlights the interesting implications of some claimants' decisions not to be represented by legal counsel.The facts documented by New York's second highest court are fairly simple. The claimant had a workers' compensation claim...Read More | |||
| When Judges Get in the Way | 02/25/2014 | ||
| State: NA | Segment: | 0 | |||
| Louisiana is a troubled state.With five Circuit Courts of Appeal, a state law may be interpreted in five different ways. A new law may be found unconstitutional in one circuit, constitutional in another, and it may be that no constitutional question in raised in the others. As a result, ...Read More | |||
| Women's Work Injuries Demand Attention | 02/18/2014 | ||
| By: Christel Schoenfelder | |||
| State: CA | Segment: | 0 | |||
| The percentage of women in the workforce has steadily increased and is now equal to that of men. From the 1960s to the 1990s, the percentage of women performing higher-risk jobs, such as construction and manufacturing, also grew, according to the California Commission on Health and Safety and ...Read More | |||
| WCAB: Exp. Hearing Available to Enforce MPN during 90-Day Delay | 02/14/2014 | ||
| State: CA | Segment: | 0 | |||
| The Workers’ Compensation Appeals Board has issued its first published decision of 2014 with a significant panel decision in the case of Eun Jae Kim v. B.C.D. Tofu House; Cypress Insurance Co. ...Read More | |||
| Why Judge Wu was Wrong on the Property-Rights Issue in Angelotti | 11/12/2013 | ||
| By: Jon C. Brissman | |||
| State: CA | Segment: | 0 | |||
| The tentative ruling issued on Nov. 4 by federal District Court Judge George Wu in Angelotti Chiropractic et al. v. Baker et al. revealed that the court was not convinced liens were property interests so as to implicate the Takings Clause. Defendant argued that liens are not protected property inter...Read More | |||
| Westphal Reversal is a Theoretical Victory for Employers and Insurers | 10/09/2013 | ||
| By: William H. Rogner | |||
| State: FL | Segment: | 0 | |||
| Employers and insurance carriers across Florida won some peace of mind on Sept. 23 as the state’s 1st District Court of Appeal reversed a ruling that declared a 104-week cap on temporary total benefits unconstitutional and extended coverage for injured workers to 260 weeks. Th...Read More | |||
| Workers' Comp Claims Explosion if Economy Recovers Quickly | 10/04/2013 | ||
| By: James J. Moore | |||
| State: NA | Segment: | 0 | |||
| The economy is going to eventually recover from its recent lows. If there is a very quick rebound, insurance carriers, third-party administrators, employers and any type of insurance personnel must be prepared for an explosive increase in the number of claims.I often do phone consulting ...Read More | |||
| Westphal is Decided | 10/03/2013 | ||
| State: FL | Segment: | 0 | |||
| The Florida 1st District Court of Appeal on Sept. 23 handed down its en banc decision in Westphal v. St. Petersburg. This opinion has been much anticipated, after the court decided in February 2013 tha...Read More | |||
