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Workers' Compensation News


Duff: Empty Pre-Emption of Workers' Compensation 01/17/2019
Source: Michael C. Duff
State: NA | Segment: Top | 88 | 0
I am interested in conflicts between federal and state law in the context of workers’ compensation. And I am especially interested in a phenomenon I have called empty pre-emption: when federal law with little or no substance displaces state law possessing substance. ...Read More

Anders: New Year Brings New Enhancements to MSPRP 01/16/2019
By: Daniel Anders
State: NA | Segment: Top | 163 | 0
Over the past year, the Centers for Medicare and Medicaid Services has been enhancing its web-based Medicare Secondary Recovery Portal, which has improved its usefulness in identifying and resolving Medicare conditional payments. ...Read More

Snyder: The Ingredients of Effective Mediation 01/15/2019
By: Teddy Snyder
State: NA | Segment: Top | 277 | 0
What are the attributes of effective mediation? These four principles are integral: ...Read More

Fish: Reform Proposal's Chances Look Slim 01/14/2019
By: Mike Fish
State: AL | Segment: Top | 229 | 0
In November of 2017, the Alabama State Bar appointed a task force to review the Alabama Workers’ Compensation Act and make recommendations for improvement.  ...Read More

Moore: Workers' Comp Judicial Hellholes Report, 2018 Version 01/11/2019
Source: James Moore
State: NA | Segment: Top | 235 | 0
The workers' comp judicial hellholes was taken from the American Tort Reform Foundation’s Judicial Hellholes for 2018-2019. The Judicial Hellholes ...Read More

Grinberg: WCAB Rejects 'Every Specific Injury Is a Violent Act' Theory 01/10/2019
Source: Gregory Grinberg
State: CA | Segment: Top | 281 | 0
I have repeatedly expressed my frustration with the interpretation of Labor Code Section 4660.1(c)(1) and the “violent act” definition. ...Read More

Paduda: Predictions for Workers' Comp in 2019, Part 2 01/09/2019
Source: Joe Paduda
State: NA | Segment: Top | 227 | 0
I'm continuing my predictions for workers’ comp in 2019. The first five were Tuesday. ...Read More

Paduda: Predictions for Workers' Comp in 2019, Part 1 01/08/2019
Source: Joe Paduda
State: NA | Segment: Top | 244 | 0
If there were ever an impossible-to-predict year, 2019 is it. ...Read More

Wickert: State Adopts 'Frye Standard' for Experts 01/07/2019
Source: Gary L. Wickert
State: FL | Segment: Top | 125 | 0
Florida’s tug-of-war between its courts and its Legislature regarding the appropriate standard for a judge to use to assess the admissibility of an expert’s opinion testimony has finally been settled. ...Read More

Fitzpatrick: Petition for Credit: the Easy Part and the Hard Part 01/04/2019
Source: Peter V. Fitzpatrick
State: CA | Segment: Top | 257 | 0
After settlement or judgment of a third-party civil case, the employer is entitled to a credit based on the employee’s net recovery in the civil action. ...Read More
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