Understanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace

By John Stahl, Esq. The legal implications of decriminalizing limited marijuana-related activity in some states extend beyond basic challenges such as amending zoning laws to accommodate medical marijuana dispensaries. The associated increasingly large populations of employees that are introducing...

California: WCAB Provides Further Guidance on Lien Activation Fees

By David Bryan Leonard, Esq. Three new panel decisions illustrate how the WCAB is interpreting the new lien activation fees. These decisions should be of great interest to the workers’ comp community and are summarized below. Note: The three panel decisions can be accessed for free for a...

Make Mine A Chimichanga: DE Supreme Court Issues Long-Awaited Ruling On UR Appeal Deadline

You have heard of Doctors without Borders? Church without Walls? MRI without gadolinium? Well now we have Utilization Review appeal without deadlines. We have all been anxiously waiting on the DE Supreme Court to rule on the issue of the 45 day UR appeal deadline and whether or not that 5 year...

Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)

Here’s the fourth batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Testequity, LLC, Hartford Insurance...

Vermont Workers' Compensation Update: January to March 2013

Note to Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. DEPARTMENT OF LABOR HEARING DECISIONS LeClaire v. Ford of Brattleboro Inc. , Opinion No. 1-13WC [ Opinion No. 1-13WC ] (Jan. 3, 2013). Defendant's attempt to terminate TTD benefits...

Suzanne Emmet Named President Of Kids’ Chance Of America – Eastern Insurance Holdings Senior Vice President to Serve Two-Year Term

Suzanne Emmet, CPCU, CCEP, ARe, Senior Vice President of Claims and Corporate Compliance at Eastern Insurance Holdings, Inc. (Eastern) in Lancaster, was recently named president of Kids' Chance of America (KCA) . The mission of KCA is to create, assist and support all Kids' Chance organizations...

Kids' Chance of California Fact Sheet

Kids' Chance of California is a non-profit charitable organization whose mission is to provide need-based educational scholarships to the children of California workers who have been fatally or seriously injured on the job. Why Kids' Chance? In 2010 there were over 464,000 workplace injuries...

Workers' Comp Fraud Blotter (4/18/2013) – Former New York Giants Linebacker Indicted By Federal Grand Jury For $1.5 Million Insurance Fraud Scheme

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. Workers' Comp Fraud...

A Proposed Draconian Tax on Workers’ Comp Benefits: Trying to Avert a Crisis in Massachusetts

It has long been the case that workers’ comp benefits are virtually universally exempt from state or federal taxation, the reason being that an injured worker does not stand to profit for losing some aspect of their health or being disabled; therefore, the injured worker should not be taxed for...

Larson’s Spotlight on Recent Cases: Idiopathic Fall From Standing Position to Brick Floor Not Compensable

Larson's Spotlight on Idiopathic Fall, Late Filing, Filing of Claim, and Job Search. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. LexisNexis...

Doctor In the House: DE Superior Court Calls For Use Of Video-Depositions In IAB Hearings

Today's post comes to me by way of claimant attorney Dave Boswell. Dave thought it was particularly blog-worthy and I wholeheartedly agree........ talk about the potential to create a whole new world in the arena of medical depositions and IAB expert testimony. The case is Ryan Tibbitts v....

Larson Spotlight on Recent Cases: Street-Risk Doctrine Applied to Verizon Worker Assaulted by Random Stranger

Larson's Spotlight on Street Risk Doctrine, Post-Traumatic Stress Disorder, Slip and Fall, and Amputation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Impairment Guides Resource Center (updated 9/9/2013)

Welcome! We've designed this resource center to help you locate Impairment Guides-related materials, here on the LexisNexis Workers' Compensation Law Community, the Internet, and lexis.com. Please be sure to check back often for new updates to the resource center. TABLE OF CONTENTS Free...

LexisNexis Top Blogs for Workers' Compensation and Workplace Issues - 2013 Honorees

Maneuvering the intersection between the workers’ comp world and the information highway can be daunting. In the course of any given day, the attorney, risk manager, academic, or comp world decision-maker can be so bombarded with email, phone calls, pleadings, medico-legal reports, court opinions...

Medicare Secondary Payer Law: 2013 in Review

I have come to realize that there are no easy solutions for the MSP problems we face in claims because the MSP is not the problem. Our MSP issues are collateral damage of more systemic societal problems we face as a nation. We clearly do not know how to treat chronic pain properly and instead have essentially...

Obamacare Architect Estimates Three-Year Delay in Accurately Understanding Affordable Care Act Impact on Workers’ Compensation

The statement of economist Jonathan Gruber, Ph.D. , of the Massachusetts Institute of Technology in Cambridge, Massachusetts that a three-year news blackout regarding the Affordable Care Act (ACA) would have had merit was arguably the most memorable moment during the 2014 Annual Issues and Research Conference...

Quality "Continuum of Care" for Worst Case Lumbar Patients

Study shows return to work, work retention rates dramatically improve Measured by such yardsticks as return-to-work, work retention and reoperation rates, the success of lumbar surgeries in the Workers’ Compensation (“WC”) system could be fairly characterized as mixed. This, combined...

Workers Memorial Day: Honoring the Dead as We Fight for the Living

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. 25 Years of Speeches and Bells The key talking points for journalists and speechwriters...

Federal: Sixth Circuit Reiterates that RICO is Not Available to Workers’ Comp Claimants

Referring to its en banc decision in Jackson v. Sedgwick Claims Management Servs ., 731 F.3d 556 (6th Cir. 2013), cert. denied , 2014 U.S. LEXIS 3239 (May 5, 2014), the 6 th Circuit Court of Appeals has held that a worker’s alleged injury consisting of receiving less workers’ compensation...

The Aging Workforce: How to Manage Workers’ Comp Costs for the Silver Bunch

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Here’s the story of an aging workforce that can’t afford to leave their jobs...

WCRI Identifies Trust in the Workplace as a Key "Predictor" of Outcomes Important to Injured Workers

Thomas A. Robinson, J.D., the Feature National Columnist of the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers' compensation State Workers’ Comp Acts: Are They Effective? How does a state legislature determine if its workers’...

Drug Formularies, Texas Style: Coming Soon to a State Near You?

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. As policymakers, risk managers, and insurers seek to contain medical expenditures in workers’...

Choosing an Effective Third Party Administrator - Do Your Homework!

A seasoned adjuster could be just as good as, or better, than “predictive analytics” In an effort to streamline costs and promote efficiencies, more and more companies are turning to Third Party Administrators (TPAs) to handle insurance matters or manage certain aspects of employee benefit...

National Workers’ Compensation and Disability Conference November 19-21, 2014

LexisNexis is once again partnering with the National Workers' Compensation and Disability Conference ® to provide top quality education and valuable insights on the industry’s hottest legal issues straight from your favorite LexisNexis contributors. Plus, you'll earn CLEs. And, all...

New Study Points to Significant Underreporting of Injuries to Bureau of Labor Statistics

90 percent of employers do not comply with OSHA recordkeeping regulations, resulting in underreporting by 38 percent of the surveyed employers Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on...