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Workers' Compensation News


Weinmann: SB 863 Benefits Employers, Harms Injured Workers 07/26/2016
State: NA | Segment: Top | 595 | 0
News Release 2016-73, Department of Industrial Relations (DIR), July 15, 2016, boasts that workers comp reforms have shown "benefits for injured workers, employers." This writer agrees that the work comp reforms mandated by Senate Bill 863 have brought about substantial benefits fo...Read More

Wickert: Understanding the Exclusive Remedy Rule 07/19/2016
State: NA | Segment: Top | 1764 | 0 | Popular with Insurance
The exclusive remedy rule is neither exclusive nor a remedy. What began as a cornerstone of the social insurance experiment known as workers’ compensation has become so riddled with leaks that employers and their insurers often give up on subrogation in order to protect themselves from liab...Read More

Wickert: The Best and Worst States for Subrogating Workers' Compensation Claims 05/16/2016
State: NA | Segment: Top | 737 | 0
It makes very little legal sense and, for all intents and purposes, is fundamentally antithetical to a free market, capitalist society. Its underpinnings can be traced to Germany’s Second Reich and its first chancellor, Otto Von Bismarck. It has ties to Marxism and socialism, and its evolut...Read More

Weinmann: A New Hope for TBI Care 05/05/2016
State: NA | Segment: Top | 525 | 0
In a fit of anti-legislative pique last year, Gov. Brown vetoed legislation that had handily sailed though both houses of the Legislature. The intent of that legislation was to preserve neuropsych QMEs. One of the arguments in favor of so doing was that this group of experts was especia...Read More

Weinmann: Maintenance of Certification Sneaks in Little by Little 04/29/2016
State: NA | Segment: Top | 609 | 0
We've just seen how maintenance of certification stealth worked in Kentucky, where an attempt to require MOC for licensure may have been nipped in the bud.  ...Read More

Walls: How Should Workers' Compensation Evolve? 04/22/2016
State: NA | Segment: Other | 1583 | 0
Workers’ compensation has been around for more than 100 years. It was developed as a grand bargain between labor and employers to ensure that injured workers received appropriate medical care and wage-loss benefits while employers received protections against tort lawsuits arising from work...Read More

Wickert: Court Of Appeals Neuters Workers' Comp Subrogation Statute 04/15/2016
State: NA | Segment: Top | 884 | 0
Ignorance of the law is no excuse — unless you’re the Nebraska Court of Appeals. ...Read More
Work Comp Coverage in One State May Now Mean Automatic Coverage in Other States 04/05/2016
By: Eugene Keefe
State: NA | Segment: Top | 678 | 0
The Illinois Appellate Court ruled an insurance carrier for an Indiana-based ambulance company was insured for a worker's claim arising from a motor vehicle accident in Illinois. ...Read More
Wilcox: Triangle Factory Fire a Reminder of Need for a Just Work Comp System 03/25/2016
By: Art Wilcox
State: NA | Segment: Top | 507 | 0
It is extremely ironic that the negotiation of the New York State budget is taking place in late March and that weaved into the process is an attempt to further complicate the New York state workers' compensation cystem for injured workers. The reason for the irony is that March 25 marks the ...Read More
Wickert: Mass. Supreme Court Ignores Wording of Work Comp Subrogation Statute, Intent of Legislature 03/10/2016
By: Gary Wickert
State: NA | Segment: Top | 573 | 0
Since 1939, § 15 has provided that a workers’ compensation carrier receives first priority recovery from a third-party settlement or judgment. In particular, it provides that “the sum recovered” in the third-party action (also defined as the “gross sum received in pay...Read More
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