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1	FREE DOWNLOAD: Employer's Improper Communication With Physician (Calif. WCAB panel)	321
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Missouri: Knee Injury Produces Dire “Natural” Consequences

After claimant returned to work to unrestricted duty following a knee surgery he reported multiple additional accidents from falling and each new claim added different body parts. The employer argued the second injury fund was liable for a PTD claim due

Published Thu, May 24 2012 3:12 PM by Martin Klug

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only after an

Published Thu, May 24 2012 3:08 PM by Martin Klug

CWCI Estimates California Workers’ Comp Drug Testing Costs Hit $98 Million in 2011

A new California Workers’ Compensation Institute (CWCI) study finds that widespread use of narcotic painkillers to treat work-related injuries – including relatively minor injuries where their use is not supported by medical evidence -- has fueled exponential

Published Tue, May 22 2012 8:17 PM by California Workers' Compensation Institute

I’ll Take Mine With Icing: A New Spin on Daubert in Delaware

My Daddy, who I lost the week before I started law school, always used to say "Jack of all trades, master of none." Maybe that's why my practice has been limited to work comp and that alone these last 30 plus years. Today's post is interesting in that

Published Tue, May 22 2012 8:42 AM by Cassandra Roberts

The OSHA Regulatory Burden: New Study Debunks Job Killer, Anti-Competitive Theories

It is a truth universally acknowledged that OSHA workplace regulations are unduly burdensome, negatively impacting an employer’s competitiveness and destroying jobs for workers . The U.S. Occupational Safety and Health Administration is one of the most

Published Sun, May 20 2012 10:13 AM by Robin E. Kobayashi

The Company Outing: Course of Employment Issues

Summer is right around the corner, and with it comes annual company picnics, baseball games, parties and the like. These types of events raise a host of workers’ comp issues for employers. For example, last week my manager took our entire team out to

Published Fri, May 18 2012 3:52 PM by Robin E. Kobayashi

Larson’s Spotlight on Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation

Published Fri, May 18 2012 2:18 PM by Larson's Spotlight

Workers' Comp Fraud Blotter (5/17/2012) – Laundry Owners Unable To Hide Dirty Dealings With Employees Behind Soap Suds

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations

Published Fri, May 18 2012 8:08 AM by LexisNexis Workers' Comp Fraud Team

California Panel QME Process: Is It Time to Admit We Are Dealing With a Monster?

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served to increase litigation

Published Thu, May 17 2012 7:26 PM by Calif. WCAB Noteworthy Panel Decisions Reporter

Barely Employable? A Tepid FCE Carries the Day in Delaware Termination Case

This week I heard from Ray Radulski, counsel for Liberty Mutual. He was proud of himself, and rightfully so. I give you Dean Baslenkoff-Elder v. EZ Loan, Inc. , IAB# 1375757 (5/9/12). Here is what Ray had to say: "I know that this decision is not the

Published Thu, May 17 2012 11:05 AM by Cassandra Roberts

Attorney’s Fee Against $1.1M Lien Recovery Not Allowed: Cal. Comp. Cases May Advanced Postings (5/16/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Rafael Tapia,Jr., Petitioner

Published Wed, May 16 2012 10:15 AM by California Compensation Cases Staff

Texas Court Ties Injured Worker’s Drug Overdose to Side Effects of Prescription Pain Medication

It is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury [see Larson’s Workers

Published Sat, May 12 2012 10:58 AM by Thomas A. Robinson

Insurer Entitled to Credit for Third Party Recovery in Porta-Potty Injury Case: Cal. Comp. Cases May Advanced Postings (5/12/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Pedro Gonzalez, Petitioner

Published Sat, May 12 2012 10:37 AM by California Compensation Cases Staff

Larson’s Spotlight on Recent Cases: Partially Disabled Claimant With Combined Injuries Should Not Receive More Payments Than a Quadriplegic Claimant

Larson's Spotlight on Scheduled Award, Average Weekly Wage, Medical Benefits (Pool Therapy), and Nose Disfigurement. 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, May 11 2012 3:17 PM by Larson's Spotlight

Unnecessary Litigation in Workers’ Comp Claims Process: Training and Communication Are Key

By John Stahl, Esq. Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled “Avoiding Litigation: What Can Employers, Payers and States Do” that the goals of the workers’ compensation

Published Fri, May 11 2012 11:10 AM by John Stahl