Workers' Compensation Law

Title	Views
1	LexisNexis Top 25 Blogs for Workers' Compensation and Workplace Issues - 2009 Honorees	18783
2	Delaware Detour and Frolic	17314
3	Larson’s National Workers' Comp Advisory Board Members	14813

Title	Downl.
1	FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)	321
2	FREE DOWNLOAD: Cortez v. Fru-Con (Calif. WCAB panel) (Ogilvie analysis)	179
3	FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)	145

Louisiana Workers’ Compensation: 2011 Year in Review

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com Louisiana Workers’ Compensation , Second Edition (LexisNexis), 2011 updates have shipped to customers. While there were no major legislative...

Published Tue, Apr 24 2012 11:28 PM by Denis Paul Juge

Filed under: utilization review, Louisiana workers' compensation

Absence Makes the Heart Grow Fonder In This Delaware Utilization Review Appeal

So here is the sub-title: IAB Denies Employer's UR Appeal Despite Lack of Testimony from Claimant's Treating Doctor. Pretty catchy, huh? Props this week to claimant attorney Michael Galbraith who flagged for my interest the case du jour. Before...

Published Fri, Apr 20 2012 10:28 AM by Cassandra Roberts

Filed under: Delaware, utilization review, Cassandra Roberts, presumption, Delaware Workers’ Compensation, reasonable and necessary, Industrial Accident Board, Delaware Detour & Frolic, medical experts, testimony, Lionel Pizzaro v. Wal-Mart Associates

“Please Sir, I Want Some More”: Latest IAB Appeal Case in Delaware & the Inadequacy of UR Decisions

First, some good news. The Roberts family has expanded by one. I hope to have a picture of our newest addition in the coming days. Another rescue cat-this one a kitten named "Cruiser" after the police vehicle which took him in style to the shelter...

Published Mon, Apr 2 2012 3:25 PM by Cassandra Roberts

Filed under: AMA Guides, Delaware, utilization review, Cassandra Roberts, Delaware workers compensation, Delaware Detour & Frolic, medical experts, Monica Davis v. New Castle County Head Start, reasonable or necessary medical treatment, rescue cat, shoulder surgery

Work Loss Data Institute Warns of Fox Guarding the Hen House in State Treatment Guidelines

By John Stahl, Esq. Phil LeFevre, who is a Senior Account Executive, with the Work Loss Data Institute (WLDI) spent much of a recent webinar entitled “Emerging Trends in Workers’ Comp Treatment Guidelines by State: Has the Fox Been Left to...

Published Fri, Mar 23 2012 9:23 PM by John Stahl

Filed under: Return to Work, utilization review, medical treatment, reasonable and necessary, evidence-based medicine, Massachusetts, Official Disability Guidelines, ODG, WLDI, Colorado Guidelines, Work Loss Data Institute, Kansas

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update...

Published Tue, Mar 20 2012 8:15 AM by Cassandra Roberts

Filed under: Delaware, utilization review, Cassandra Roberts, Delaware workers compensation, pain management, Industrial Accident Board, Delaware Detour & Frolic, chronic back pain, Amanda Crumpler v. Ken-Crest Services, peripheral nerve stimulator

California: The Sticky Wicket That Is Home Health Care

Lexis.com subscribers can link to the cases and statutes cited below. An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature...

Published Wed, Mar 14 2012 7:13 PM by Calif. WCAB Noteworthy Panel Decisions Reporter

Filed under: California, utilization review, employee, permanent disability, LVN rates, Immigration Reform and Control Act, home health care, california workers compensation, medical services, Mota v. Allgreen Landscape, landscaper

Refried Beans – Delaware Supreme Court Agrees to Re-visit the Mexican Take-out Case on UR Appeal Deadline

In my post of 1/10/12 titled "A new Spin on Mexican take-out: Delaware Superior Court strikes 45 day UR appeal period as invalid", I alerted y'all to the ruling by Judge Streett on January 6, 2012, representing a consolidation of three cases...

Published Tue, Feb 21 2012 9:49 PM by Cassandra Roberts

Filed under: Delaware, statute of limitations, utilization review, Cassandra Roberts, Delaware workers compensation, statutory construction, Industrial Accident Board, Delaware Detour & Frolic, administrative regulations, appeal period, Christina Care Health Services v. Cecil Palomino

Illinois Workers’ Comp Reform: An Interview With Mark Walls, Assistant VP - Claims, Safety National

In this Emerging Issues Analysis article now available on the LexisNexis Bookstore for purchase, Karen C. Yotis, Esq. examines the 2011 legislative reforms to Illinois workers’ compensation from a claims-handling perspective, as explained to her...

Published Tue, Feb 14 2012 11:24 AM by Karen C. Yotis

Filed under: AMA Guides, utilization review, Mark Walls, Illinois workers' compensation, medical fee schedule, workers compensation reform, Karen Yotis, Safety National, surgical hardware reimbursement, carpal tunnel, Preferred Provider Program

A New Spin on Mexican Take-Out: Delaware Superior Court Strikes 45-Day Utilization Review Appeal Period as Invalid

A big shout-out to Nancy Chrissinger Cobb and Mike Galbraith who kept their promise to provide me with a "breaking news" update when the Superior Court ruled on the pending challenge to the 45-day UR appeal period. The decision of Judge Streett...

Published Tue, Jan 10 2012 3:20 PM by Cassandra Roberts

Filed under: Delaware, statute of limitations, utilization review, Cassandra Roberts, Delaware workers compensation, statutory construction, Industrial Accident Board, Delaware Detour & Frolic, Salvador Avila Hernandez v Timber Products, administrative regulations, appeal period

Oh, the Pain of Inadequacy: Chiropractor Trumps Doctor in this Delaware Utilization Review Appeal

Today's post comes to us from Walt Schmittinger, offering up the outcome of a UR appeals case tried to the Board in Milford two weeks ago. The appeal was from a UR non-cert of chiropractic care with Dr. Michael Gandolfo. Here is what Walt had to say...

Published Tue, Dec 13 2011 6:13 PM by Cassandra Roberts

Filed under: Delaware, utilization review, Cassandra Roberts, Chronic pain, Delaware workers compensation, pain management, Industrial Accident Board, Delaware Detour & Frolic, Carolyn Cohee v State of Delaware, chiropractors

Larson’s Spotlight on Recent Workers’ Comp Cases: Put a Lid on It! Court Clamps Down on Employer’s Ex Parte Communications With Treating Physician

Larson's Spotlight on Ex Parte Communication, Subsequent Injury, Utilization Review, and Attendant Care. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...

Published Fri, Dec 9 2011 4:49 PM by Larson's Spotlight

Filed under: Georgia, utilization review, permanent disability, ex parte communication, privacy, subsequent injury, attendant care, death claim, medical privilege, HIPPA, additional injury

California: Utilization Review, Interrupted

Does an Employee Have to Obtain a Comprehensive Medical-Legal Evaluation Prior to Disputing a Utilization Review Determination? In State Compensation Insurance Fund v. Workers’ Comp. Appeals Bd. (Sandhagen) (2008) 44 Cal.4th 230 [73 Cal.Comp.Cases...

Published Sat, Dec 3 2011 7:10 PM by Calif. WCAB Noteworthy Panel Decisions Reporter

Filed under: utilization review, QME, california workers compensation

Sterling Advanced Work Comp Seminar

Wednesday October 26th, 2011 is the annual Sterling Advanced Work Comp Seminar. Also known as the Don/Gary B/Cassandra Road Show. But it is so much more-- Find out what two of our Hearing Officers believe are the ethical pitfalls of our practice........

Published Tue, Sep 27 2011 4:08 PM by Cassandra Roberts

Filed under: Delaware, utilization review, Cassandra Roberts, Delaware workers compensation, Delaware Detour & Frolic, seminar, Industrial Accident Board, Coyote Ugly

California: Ogilvie Petition to Supreme Court Pending

The lengthy saga in the Ogilvie v W.C.A.B./City & County of San Francisco v W.C.A.B . will continue for at least a while longer as the Defendant in the case, C&CSF has file a Petition for Hearing in the Supreme Court seeking review of the 1st...

Published Tue, Sep 13 2011 9:53 AM by Richard M. Jacobsmeyer

Filed under: Apportionment, Temporary Disability, utilization review, fee schedule, permanent disability, compound drugs, diminished earning capacity, Ogilvie v. W.C.A.B., vocational expert

The War Eagle Has Landed.......and a Tutorial on Daubert In Delaware

Well, my moment of reckoning finally arrived. We moved Sweet Caroline into Auburn University last weekend. Suddenly it all came back to me how quickly the time has passed since her Thankgiving Day birth in 1992. There were tears (all mine) and hugs all...

Published Thu, Aug 11 2011 9:38 PM by Cassandra Roberts

Filed under: utilization review, Cassandra Roberts, causation, Delaware Detour & Frolic, UR, Auburn, War Eagle, Suraj Maiku v. Two Farms, Daubert