LexisNexis® Legal Newsroom
New! Illinois Workers’ Compensation Guidebook, 2009 Edition

By Kim Presbrey NEW! All-In-One, Easy to Use Resource This guidebook contains both analysis of the law and a reprint of all statutes and rules Quick Reference Guide for All Workers’ Compensation Professionals This guidebook is written in plain English and is designed for all workers’...

Score One for Our Team: DSBA 2011 Annual Work Comp Seminar Is a Winner

Props to (my hero) Gary Baker, Jessica Welch and Nancy Cobb who (with some modest assistance from yours truly) put together a heck of a seminar. I thought it would be appropriate to offer some brief snippets of wisdom from the event for those of you who could not attend. In addition, I am taking it upon...

Delay in Calculating a Structured MSA Can Cost You, It’s Free, So Why Wait?

By Teddy Snyder, Esq. I got the call again. I’m in California, but this case closure scenario can happen anywhere. “I have a signed C&R for $46,000 with CMS approval. Can you save me some money?” The answer is “Probably, but it will be more complicated, because you waited...

A Different Kind of Miracle on 34th Street -- and the DE IAB Makes Postage Law in a Coverage Case

"Miracles are a retelling in small letters the very same story which is written across the world in letters too large for some of us to see." C.S. Lewis Okay, so the title of this post has a lot to do with the U.S. Post Office....which played a really big role in the movie. Not so much...

A Different Kind of Miracle on 34th Street -- and the DE IAB Makes Postage Law in a Coverage Case

"Miracles are a retelling in small letters the very same story which is written across the world in letters too large for some of us to see." C.S. Lewis Okay, so the title of this post has a lot to do with the U.S. Post Office....which played a really big role in the movie. Not so much...

California: No Blanket Rule Precludes Award of Attorney's Fees Based on a Medicare Set-Aside

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Attorney’s Fees; Calculation; C&R Agreements. WCAB, rescinding WCJ’s award of $66,860.30 fee to applicant’s attorney, held that attorney was entitled to full $90,000...

2012 Annual Longshore Conference

By Ralph R. Lorberbaum, Zipperer, Lorberbaum & Beauvais, Savannah, Georgia A record crowd of 342 were in attendance at the 34th Annual Loyola Longshore Conference held in New Orleans on March 15 and 16, 2012. Excellent speakers presented well-prepared papers and oral presentations on a number of...

AMA Guides Fifth Edition Figure 15-19: Strict or Alternative WPI Rating?

By Robert G. Rassp, Esq. Figure 15-19 on page 427 of the AMA Guides Fifth Edition has been frequently used by physicians to describe lumbar or cervical spine impairments based on the partial loss of function of a sub-region of the spine. This is due to the footnote under the drawing that states: “The...

AMA Guides Fifth Edition Figure 15-19: Strict or Alternative WPI Rating?

By Robert G. Rassp, Esq. Figure 15-19 on page 427 of the AMA Guides Fifth Edition has been frequently used by physicians to describe lumbar or cervical spine impairments based on the partial loss of function of a sub-region of the spine. This is due to the footnote under the drawing that states: “The...

Brad E. Bleakney Selected for Inclusion in Best Lawyers in America 2013

Brad E. Bleakney, Esq. of Bleakney & Troiani , Chicago, Illinois, was selected for inclusion in Best Lawyers in America for Workers’ Compensation in Illinois for 2013. Mr. Bleakney practices in the area of work related injury claims, Illinois Workers’ Compensation and related third party...

Longshore Act: Deciphering Section 28(b) After Andrepont

By Paul B. Howell, Esq., Franke & Salloum, PLLC, Gulfport, Mississippi In 1822, a sweaty scientist in a dimly-lit room looked at a rock from Egypt and discovered the key to decoding Egyptian hieroglyphics. 175 years later, a Fifth Circuit Court of Appeals judge with a cup of coffee in his hand...

Getting a Grip on the AMA Guides

Lexis.com subscribers can link to the cases cited below. Subsequent to the passage of SB 899 in California, permanent disability is determined by using the American Medical Association’s Guides to the Evaluation of Permanent Impairment , Fifth Edition (AMA Guides). The AMA Guides are very specific...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

Liberal Republicans, Consensus Politics, and a Fluke: The WILG Looks Back on 40 Years of Worker Advocacy

By Karen C. Yotis, Esq. © Copyright 2012 LexisNexis. All rights reserved. When the Workers’ Injury Law & Advocacy Group (WILG) met in Chicago during 2012 to mark the 40th anniversary of the National Commission on State Workmen’s Compensation Laws, it commemorated a fluke. The...

New 2012 Trends for Missouri Worker's Comp

The Missouri worker’s compensation system faced many challenges in 2012 operating with a glut of litigated second injury fund cases, a legislature not inclined to provide a “fix”, and a short-staffed commission which has had an absent chair for nearly 6 months. Reported cases represent...

Supreme Court Rejects "Anything That Floats" Test to Determine Vessel Status

By John E. Kawczynski Field Womack & Kawczynski, LLC . South Amboy, New Jersey In Lozman v. City of Riviera Beach, Florida, 2013 U.S. LEXIS 907 , 568 U.S. ____, 184 L. Ed. 2d 604 (Jan 15, 2013), the U.S. Supreme Court was asked to determine whether the City of Riviera Beach, Florida, properly claimed...

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U.S.C.S. § 901 et seq.). Where the compensation...

Strong Association Exists Between AMA Guides Impairment Ratings and Earnings Losses, But Losses Vary Significantly Across Body Regions

By Robert G. Rassp, Esq. and Robin E. Kobayashi, J.D. A new major study funded by the California Commission on Health and Safety and Workers’ Compensation (CHSWC) focuses on the AMA Guides Fifth Edition in California but has implications for the AMA Guides Fourth and Sixth Editions used in other...

California: SB 863 and Benson

By Robert G. Rassp, Esq. Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. Call me weird, obsessed, bored, or deeply disturbed but recently while I was on my almost daily four-mile hike in the hills of Porter Ranch, I was thinking about...