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Industry Insights

 

Burk: A Guide to Interrogatories and Their Importance in the Workers' Compensation Practice 08/31/2022
By: Maura Burk
State: NJ | Segment: Top | 0
Under NJAC 12:235-3.8, interrogatories are allowed in the following types of cases without motion (meaning, neither party is required to file a motion for leave to serve interrogatories with the court): dependency cases (see NJAC 12:235-3.8(a)), re-opener cases (see ...Read More
 
 

Grinberg: WCAB Allows Applicant to Self-Administer Over Defense Objections 08/30/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
Imagine you’re in a particular situation: Applicant wants to compromise and release a claim, and neither you nor the applicant can know with certainty what the cost of lifetime medical care will be. Pretty common, right? ...Read More
 
 

Moore: Why I Skip the Subject of Comp Fraud 08/29/2022
By: James Moore
State: NA | Segment: Top | 0
I am sometimes asked during presentations, at conferences or just in general conversations why I rarely cover workers' comp fraud in the 2,000 articles on this website, but I have covered fraud in a few instances over the last 15 years. ...Read More
 
 

Kwong and Mendoza: Steps to Prevent and Combat Poorly Written Med-Legal Reports 08/26/2022
By: Joanna Kwong and Jesse Mendoza
State: CA | Segment: Top | 1
The Workers' Compensation Appeals Board must ground its decisions in substantial evidence. We practitioners must review medical-legal reports and any doctor’s depositions to ensure the medical record, when read as a whole, constitutes substantial evidence. ...Read More
 
 

Geaney: What Costs, Legal Fees Are Deducted From Lien of Employer or Carrier? 08/25/2022
By: John H. Geaney
State: NJ | Segment: Top | 0
One recurring question that adjusters and practitioners are often asked is this: In computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third-party action? Further, does...Read More
 
 

Carroll: The Biggest Issue Facing Workers' Comp 08/24/2022
By: Paul Carroll
State: NA | Segment: Top | 0
As tough as staffing is throughout the insurance industry, the world of workers' comp has things doubly bad: It has to deal not only with its own staffing issues, but those of its clients.  ...Read More
 
 

Grinberg: In-Person Walk-Throughs Are Back 08/23/2022
By: Gregory Grinberg
State: CA | Segment: Top | 0
The news I bring today isn’t happy news at all, at least as far as I am concerned. The Department of Industrial Relations has announced the return of in-person walk-throughs, effective Sept. 6 (except in Eureka), and the end of the Lifesize virtual walk-through. ...Read More
 
 

Moore: Where Is Workers' Comp Pandemic Data? 08/22/2022
By: James Moore
State: NA | Segment: Top | 0
Every few months, I try to stop and compile similarities in questions that we receive — (often now in person) for articles and to hone our workers' comp advice. ...Read More
 
 

Kamin: Yes, Employer Reps Are Always Allowed at Depositions 08/19/2022
By: John P. Kamin
State: CA | Segment: Top | 0
Despite what you may have heard, it’s been well-established for years that an employer representative can sit in on the deposition of an applicant, thanks to a well-known panel decision on the topic. ...Read More
 
 

Caton: When Your Eyes Observe Smoky Skies 08/18/2022
By: Trina Caton
State: CA | Segment: Top | 0
Major wildfires have again erupted in several parts of California. In addition to the destruction to communities directly threatened, these large wildland fires are generating widespread smoke that's expected to affect air quality in many areas of the state. ...Read More
 
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