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Workers' Compensation News
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AB 1542 Drama in the Capitol
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09/03/2015
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By: Dr. Robert Weinmann
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State: NA | Segment: Top | 343 | 0
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Now that Assembly Bill 1542 (Mathis and Cooley) has passed the California state Senate, 39-0, having already passed the Assembly, 79-0, we have a unique situation wherein the governor is being pressured by the Department of Industrial Relations to veto a bill that has unanimous bipartisan su...Read More
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A Lesson in Chronic Pain Management from Nietzsche
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08/12/2015
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By: Michael Gavin
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State: NA | Segment: Top | 293 | 0
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"He who has a why to live for can bear with almost any how."
I bet you've never seen a Friedrich Nietzsche quote in a work comp blog post before. I came across this in a book recently, but I've also seen it plastered on social media and an occas...Read More
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August 2015 Case Law Update
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08/06/2015
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State: CA | Segment: Top | 891 | 0
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EMPLOYMENT
In Noe v. Superior Court of Los Angeles County (2015) 80 CCC 534, the 2nd District Court of Appeal held that LC 226.8, which prohibits the willful misclassification of individuals as independent contractors, is not limited to employers who make the misclassification decision, b...Read More
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A Flight of Fancy: Air Ambulance Fee Disputes in Workers' Comp
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07/24/2015
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By: James M. Loughlin
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State: NA | Segment: Top | 3601 | 0
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Injured workers are sometimes transported by air ambulance helicopter due to their injuries. The transport may either be from the scene of an injury to a hospital or from one hospital to another for a higher level of care. Recently, the number of fee disputes over the amount of reimbursement owed...Read More
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A Primer on Insurer Profits
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07/20/2015
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Source: Peter Rousmaniere (Featured Columnist)
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State: NA | Segment: Top | 698 | 0 | Popular with Legal
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The profitability of workers' compensation has attracted a lot of attention of late.
In part, that’s because the insurers have been celebrating. The NCCI’s state of the line report in 2014 said that the insurance market was “in balance” after a streak of ...Read More
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Aging and Injury: The latest Evidence
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07/06/2015
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By: Peter Rousmaniere (Featured Columnist)
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State: NA | Segment: Top | 735 | 0 | Popular with Vendor
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The workforce has indeed been aging. In contrast to younger age groups, the workforce participation rate of those over 55 is increasing. In 2000, the 10% of lost-time injuries were sustained by workers 55 years old or older. Today, it’s 20%, and the share will continue to grow.
Ther...Read More
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Are immigrant Workers Safe?
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05/26/2015
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By: Peter Rousmaniere (Featured Columnist)
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State: NA | Segment: Top | 683 | 0 | Popular with Legal
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A young, immigrant and undocumented worker in an above-average injury job is not a situation anyone would prefer to be in.
A recent report zeros in on some of these workers. This month, the National Institute for Occupational Safety and Health and the American Society for Safety Eng...Read More
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April 2015 Case Law Update
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04/02/2015
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State: NA | Segment: Top | 1015 | 0
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BUSINESS OF INSURANCE
In Chavarria v. Vasquez, dba JRV Construction, 2015 Cal. Wrk. Comp. P.D. LEXIS 35, the WCAB held that an insurer remained liable for workers' compensation benefits to an injured worker even though it had a pending civil action for rescission of a worker's com...Read More
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Appellate Court Nails another One
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03/25/2015
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By: Shawn R. Biery
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State: NA | Segment: Top | 649 | 0
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The Illinois 5th District Appellate Court ruled the Illinois Workers' Compensation Commission, not the Circuit Court, has exclusive jurisdiction to decide whether a claimant who settled a third-party lawsuit resulting from a work-related accident may also pursue workers' compensation bene...Read More
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Anticipating the Future
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03/16/2015
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Source: Peter Rousmaniere (Featured Columnist)
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State: NA | Segment: Top | 1614 | 0
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A very cold Vermont winter suddenly broke in early March. Maple syrup lines are flowing.
In another kind of spring awakening, a surge of seemingly unrelated challenges question if workers’ compensation’s "Grand Bargain" should be saved or abandoned. There&rsquo...Read More
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