LexisNexis® Legal Newsroom
BRB Decision in Wheeler v. Newport News Shipbuilding and Dry Dock Company

It would seem beyond peradventure that the term "compensation" in a statute such as the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C.S. § 901 et seq.) would have a well-established meaning. Indeed, the statute's definitional section includes the following: "'compensation'...

CWCI Study Documents Recent Surge in California Workers’ Comp Medical Payments

New CWCI research that measures changes in California workers’ compensation medical expense payments from 2002 through the first half of 2009 confirms that there was a brief downturn in medical expenditures immediately following the enactment of reforms in 2004, but within two years the average...

MIT Frat Settles Lawsuit Over Explosion

BOSTON - (UPI) A Massachusetts Institute of Technology fraternity has settled a lawsuit over a prank that caused an explosion in which two people were injured. As part of their annual prank, The Boston Globe reported, Tau Epsilon Phi members stole sodium metal, which explodes when it becomes wet. . ...

CA: Mileage Rate For Medical Travel Expenses Will Increase

Oakland, CA (CompNewsNetwork) - The mileage rate for medical and medical-legal travel expenses will be increased and effective on Jan. 1, 2011. This rate must be paid for travel on or after Jan. 1, 2011 regardless of the date of injury. Labor Code section 4600, in conjunction with Government Code...

CWCI Research Tracks the Continued Growth of California Workers’ Comp Medical Expenses

California workers’ compensation medical expenditures fell sharply immediately after the enactment of the 2002-2004 reforms, but that decline was short-lived, and after rising steadily since 2005, average payments for treatment, pharmaceuticals and durable medical equipment (DME), medical management...

New Progressive Medical White Paper Addresses Medical Foods in Workers’ Compensation

White paper offers insight on managing the rising expense of medical foods WESTERVILLE, Ohio--Progressive Medical, Inc. ( http://www.progressive-medical.com ) released a new white paper, “Managing the Medical Foods Dilemma.” The white paper addresses the increasing role medical foods...

Four Times More Likely to File for Bankruptcy after Cancer Diagnosis

Medical bills have long been considered a leading cause of bankrupt case filings. Elizabeth Warren and her co-authors found medical bills accounted for 65% of bankruptcies in 2007. Now, a new study shows how devastating medical bills involving cancer treatment can be. The Fred Hutchinson Cancer...

MO: Cloudy Mind Keeps Nurse From Working

A nurse can never work again according to the Commission, affirming an award of permanent and total disability and open medical for a 49 year old R.N. in Jordan v. St. John's Mercy Health Systems , DOLIR 8-11-11. The Commission modified her compensation rate. The claimant had a sporadic attendance...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

No-Fault Insurance – New Appleman on Insurance Law Library Edition, Chapter 66

By Eileen Swarbrick, Attorney Chapter 66 provides an in-depth discussion of no-fault insurance law. No-fault insurance refers to insurance for which an insured is compensated for economic losses no matter who is at fault in an accident. No-fault coverage is strictly governed by the no-fault statute...

A Momentary Lapse? Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills

A big shout-out to both Dr. Doug Briggs who brought this case to my attention, and to Donna Forrest at the DOL who brought the case to his attention. Today's case is a very narrow issue and it is just quirky enough to be worth knowing. The answers to questions like this is what separates the men...

A Momentary Lapse? Period Of Lapsed Provider Certification In Delaware Not Sufficient To Disqualify Medical Bills

A big shout-out to both Dr. Doug Briggs who brought this case to my attention, and to Donna Forrest at the DOL who brought the case to his attention. Today's case is a very narrow issue and it is just quirky enough to be worth knowing. The answers to questions like this is what separates the men...

Colorado Allows Doctor’s Billing Rather Than True Value of Services

By Barry Zalma, Attorney and Consultant The Supreme Court of Colorado was asked to review an unpublished decision of the Court of Appeal in in Sunahara v. State Farm Mutual Automobile Insurance Co. , No. 09CA0599, slip op. (Colo. App. May 6, 2010) (not selected for official publication), to determine...

Med Pay Is For Benefit Of Injured

By Barry Zalma, Attorney and Consultant Patricia Meleski appealed a trial court's non-final order dismissing on summary judgment her bad-faith claims against Partners Mutual Insurance Company. In Patricia Meleski v. Schbohm LLC and Partners Mutual Insurance Company , No. 2010AP2951 (Wis.App. 05...

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 award. Eason v Treasurer of Mo., 2012...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

CWCI Quantifies California Workers’ Comp Medical and Indemnity Payment Growth Rates

Average amounts paid for California workers’ compensation medical expenses and indemnity benefits have risen sharply since accident year (AY) 2005 – the first year after the 2004 reforms – but in a hopeful sign that medical inflation may be abating, initial data from AY 2011 and 2012...

Missouri: $20,000 in Medical Expenses Ordered Paid by Employer for Simple Muscle Strain Due to Lack of Interpreter

An employer must pay almost $20,000 in medical expenses that resulted when a worker—a U.S. citizen—but whose native language is Spanish and who could not read or write English, could not communicate effectively with medical staff who in turn misunderstood his complaints of chest pain as a...

Tackling the Elephant in the Room: Exclusive Remedy

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin of the “great social bargain” underlying...

Mississippi: In Bad Faith Case, Evidence of Insurer’s Actions Prior to Exhaustion of Administrative Remedies Was Admissible

A Mississippi appellate court held that the requirement that an employee exhaust his or her administrative remedies before filing a lawsuit for bad faith refusal to pay for disputed medical services and supplies merely ensured that the state’s Workers’ Compensation Commission had determined...