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Industry Insights

 

Kamin: Panel Decision Clarifies Burdens of Proof in MPN Disputes 06/26/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
An applicant failed to prove that a defendant neglected or refused to provide medical care and must continue treating within the defendant’s medical provider network, according to a new panel decision from the Workers’ Compensation Appeals Board. ...Read More
 
 

Lemos-Crawford: Recent Case Reaffirms WC Act as Sole Remedy 06/23/2023
By: Cortney M. Lemos-Crawford
State: CA | Segment: WEST | 0
Recently, the 5th District Court of Appeals upheld the dismissal of a lawsuit for negligence brought by a temp worker against his special employer for a work injury for which he had already been provided benefits through the general employer’s workers’ compensation insurance cove...Read More
 
 

Zachry: Napoleon's Corporal 06/22/2023
By: Bill Zachry
State: NA | Segment: Top | 0
Napoleon Bonaparte knew how important it was to have an enlisted soldier in the planning process. ...Read More
 
 

Snyder: Why Injury Settlements Are Getting More Expensive 06/21/2023
By: Teddy Snyder
State: CA | Segment: NATIONAL | 0
Prices keep going up for just about every component of expense, including housing, groceries and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement value calculations. ...Read More
 
 
Gelman: Defining Disability in the Era of COVID 06/14/2023
By: Jon L. Gelman
State: NA | Segment: Top | 0
The definition of “disability” can be complicated in various occupational statutes. In a Law Against Discrimination (LAD) (N.J.S.A. 10:5-1 to -50) claim alleging the “perception of COVID” as a disability, the New Jersey Appellate Court declined to accept the plaintiff'...Read More
 
 
Zachry: Steps Employers Can Take to Increase Their Workers' Compensation Costs 06/12/2023
By: Bill Zachry
State: NA | Segment: Top | 1
Some employers' actions directly increase their workers’ compensation claims costs. Some of their actions also increase the workload of the claims examiner, which results in an unappreciated direct impact on the claims results. Employer handling of safety, injury reporting and p...Read More
 
 

Kamin: Panel Decision Takes Aim at Inflated LC 5710 Fees 06/09/2023
By: John P. Kamin
State: CA | Segment: WEST | 0
A new panel decision from the Workers’ Compensation Appeals Board affirmed a decision to reduce the Labor Code Section 5710 fees for an applicant's attorney for work performed in response to a deposition of the applicant. ...Read More
 
 

Young: The WCAB and MSA Approval 06/08/2023
By: Julius Young
State: NA | Segment: WEST | 0
A recent California Workers' Compensation Appeals Board panel decision highlights some of the challenges in settling cases with a Medicare set-aside. ...Read More
 
 
Combining Succesive Industrial Injuries 07/06/2002
State: CA | Segment: | 0
Under the cases of Wilkinson v. WCAB, 42 CCC 406 and Bauer v. County of Los Angeles, 34 CCC 594, when two industrial injuries to the same part of body become permanent and stationary on the same date, no L.C. ...Read More
 
 

Paduda: Price and Spend in Work Comp Medical 06/07/2023
By: Joe Paduda
State: NA | Segment: NATIONAL | 0
These are the basics here, folks. Joe Paduda...Read More
 
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