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September Case Law Update 09/12/2014
Source: Michael W. Sullivan
State: NA | Segment: Top | 640 | 0
BUSINESS OF INSURANCE In Green-Steininger v. Image Support Systems, 2014 Cal. Wrk. Comp. P.D. LEXIS 377, the WCAB affirmed a WCJ's decision that CIGA was not entitled to any further reimbursement from a special employer when it established by a preponderance of substantial eviden...Read More
 
 
Supreme Court Decides to Stay Out of Work-Product Issue 06/10/2014
By: Joshua G. Holden
State: AL | Segment: | 215 | 0
In Ex parte Schnitzer Steel Industries, Inc., released on September 27, 2013 (summarized on our blog September 28, 2013), the Alabama Supreme Court granted the employer’s pe...Read More
 
 
Stats, Lies and the Truth 05/19/2014
By: Michael T. Berns
State: NY | Segment: | 303 | 0
As I have written on more than one occasion, a hospital can brag about how the mortality rate in their hospital has dropped to almost zero: they have a special squad that takes patients who are about to die and moves them into the parking lot next door to die.The same holds true for the ...Read More
 
 
Should We Get the Workers' Comp Commission Ready for Rauner? 03/27/2014
By: Eugene Keefe
State: IL | Segment: | 494 | 0
As we predicted, upstart candidate Bruce Rauner basically came from nowhere to sweep to become the Republican candidate for Governor. The oddest aspect of the primary was the millions spent by government unions to support Rauner’s leading Republican opponent and the phone calls and pleas for D...Read More
 
 
Structure of MSA Negotiation Provides Insurer with Rare Windfall 01/08/2014
By: Jennifer Jordan
State: NA | Segment: | 713 | 0
The way Medicare set-asides are arranged these days, carriers generally have no benefit in unused funds upon a claimant’s premature death. Absent a custodial situation, carriers retain no rights in funds ultimately not needed for future medical expenses. MSA funds are actually completely unenc...Read More
 
 
Startling Numbers from Calif. Workers' Comp Reform 12/02/2013
By: James J. Moore
State: CA | Segment: | 291 | 0
Workers Compensation Action Network (WCAN) recently published a press release and email on the effects on Senate Bill 863. Even if you have no California workers' compensation interest...Read More
 
 
Should We Reconsider How Death Benefits Are Awarded? 11/14/2013
By: Eugene Keefe
State: IL | Segment: | 208 | 0
Not sure if you like or dislike gay marriage and divorce, but we are certain one’s personal feelings have nothing to do with it any more — it is soon to be the law in our state, our elected leaders have spoken and we are all going to have to adjust. On some levels, we are thrilled to see...Read More
 
 
September 2013 Case Law Update 09/11/2013
State: CA | Segment: | 849 | 0
JURISDICTION AND SUBROGATIONIn Cherry v. County of Los Angeles/DCFS AIMS Santa Clarita, 2013 Cal. Wrk. Comp. P.D. LEXIS 249, the WCAB held that an employer was not collaterally estopped from litigating an applicant's claim that he sustained an injury arising out of and in the course ...Read More
 
 
SB 863 and the DSM-5: One Door Closes and another Opens 08/27/2013
By: Dr. Bruce Leckart
State: CA | Segment: | 584 | 0
As you all know, SB 863 indicates that although an injured worker is entitled to treatment for sleep dysfunction and sexual dysfunction, they are not to be compensated for any permanent disability in these areas. In addition, injured workers will not be compensated for psychiatric injuries that are ...Read More
 
 
Sandbagged 07/22/2013
State: CA | Segment: | 323 | 0
An excellent July 12 piece on independent medical review by Greg Jones of WorkCompCentral notes a troubling trend.It seems that some IMR decisions are being rendered without the IMR physician reviewer having the medical records.As of July 1, IMR is now in effect for medical d...Read More
 
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