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Industry Insights

 

Holden: Collateral Estoppel Does Not Violate Right to Trial by Jury 12/23/2020
By: Joshua G. Holden
State: AL | Segment: Top | 235 | 0
On Dec. 11, the Alabama Supreme Court rendered a decision finding that collateral estoppel does not violate the constitutional right to a trial by jury. This finding was based on a review of a motion for summary judgment order granted in favor of the employer by the Circuit Court of Shelby C...Read More
 
 

Grinberg: Split WCAB Addresses Good-Faith Personnel Action Defense 12/22/2020
By: Gregory Grinberg
State: CA | Segment: Top | 309 | 0
Not unlike Soviet Santa, who brings freezing children lumps of coal to great Soviet cheers, I bring you a panel decision reversing a “take nothing” of a psyche claim.  ...Read More
 
 

Duff: COVID Vaccine Injuries May Be Covered by Federal Program 12/21/2020
By: Michael C. Duff
State: CA | Segment: Top | 449 | 0
I fear that very soon we may be facing vaccine injuries in connection with the dispensing of essentially experimental COVID vaccines. I certainly hope it does not happen, but experience is a cruel teacher. ...Read More
 
 

Young: A Hearing on the Proposed QME Fee Schedule 12/18/2020
By: Julius Young
State: CA | Segment: Top | 354 | 0
The California Division of Workers' Compensation held a hearing Monday to allow public comment on proposed revisions to the qualified medical evaluator fee schedule. ...Read More
 
 

Duff: Will COVID Federal Civil Immunity Pre-Empt Cal/OSHA Rules? 12/17/2020
By: Michael C. Duff
State: CA | Segment: Top | 390 | 0
UPDATE: Some folks are telling me that liability immunity is being pulled from the table. I hope that is true, but let's just say I'm not taking this post down and won't be holding my breath, either. ...Read More
 
 

Castillo: Fighting for Their Lives 12/16/2020
By: Michael Castillo
State: CA | Segment: Top | 304 | 0
As if the backbreaking work performed by farmworkers isn’t already detrimental to their health, a new study shows the devastating impact COVID-19 is having on their communities. ...Read More
 
 

Anders: Celebrex, Abilify Price Drops Trigger MSA Reductions 12/15/2020
By: Daniel Anders
State: NA | Segment: Top | 417 | 0
Recently, the lowest average wholesale price of 200 milligram Celebrex and the price of multiple strengths of Abilify dropped dramatically, resulting in major cost savings to Medicare set-aside allocations. ...Read More
 
 

Torrey: 2020's Top 8 Books for the Workers' Compensation Professional 12/14/2020
By: David B. Torrey
State: NA | Segment: Top | 323 | 0
Here are my humble recommendations with regard to the best books for the workers’ compensation professional for 2020. ...Read More
 
 

Geaney: Insurance Carrier Failed to Prove Proper Cancellation of Policy 12/11/2020
By: John H. Geaney
State: NJ | Segment: Top | 282 | 0
It remains very difficult for New Jersey insurers to cancel policies in workers’ compensation. Strict compliance with N.J.SA. 34:15-81 is required because the state’s policy favors continuation of insurance coverage. ...Read More
 
 

Duff: Coverage of Adverse Reactions From Employer-Required COVID-19 Vaccination 12/10/2020
By: Michael C. Duff
State: NA | Segment: Top | 1161 | 0
A member of the press asked me whether illness caused by an adverse reaction to an employer-required COVID-19 vaccine would be covered under workers’ compensation. ...Read More
 
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