NEW! United Scaffolding v. Levine, 13-14-00377-CV, (09/01/2015): A Texas appellate court ruled that civil liability for a worker's injury in falling through a loose board in a scaffold had to come in the form of a negligence claim against the owner of the scaffold, not in a premises liability...Read More
NEW! Gutierrez v. The Port Royal Club, 1D15-0002, (09/09/2015): Florida's 1st District Court of Appeal overturned a judge's order compelling an injured worker to attend a psychological evaluation since the parties had not asked the judge for such a ruling.
NEW! Moradiellos v. Comm...Read More
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Two RICO suits involving workers’ compensation have been settled before trial. One in 2012 in Colorado involved Walmart and Concentra. The other now being settled involves York’s claims services for the City of Phoenix.
RICO litigation may be the greatest threat today to...Read More
Rate reduction news published by a state rating bureau or the National Council on Compensation Insurance is always a very positive statement in an industry led by negativity.
The rate reduction news is then republished over and over again by various workers' comp outlets. There is sti...Read More
Normally, workers' comp doesn't get much national media attention.
To begin with, it is somewhat arcane. And with systems varying from state to state, it is not an easy subject to cover. Generally, there is not much headline appeal in the topic.
Economic justice is becomin...Read More
In the mid-1980s, workers' compensation underwent a management revolution. Until then, employers bought insurance policies, and when injuries occurred, they passed the baton to their carriers. Then they went back to making widgets, trusting that the carriers would take care of everything....Read More
The California Division of Workers' Compensation has posted on its website the Rand Corp.'s study on home health care in workers' compensation.
The study, titled “Home Health Care for California’s Injured Workers: Options for Implementing a Fee Schedule” can ...Read More
Last week, in Matuszczak v. Illinois Workers' Compensation Commission, our Workers' Compensation Appellate Court refused to rehear the matter, which basically makes their ruling final. The matter involved a Wal-Mart worker who suffered an accepted injury but a dispute arose over the need ...Read More
The American employer’s performance in returning injured employees to work after an injury has been improving. This reflects greater awareness of the value of promoting return to work and, it appears, better problem-solving skills of those involved. I have cobbled together this report card....Read More