OH: BWC Board of Directors Sets Public Employer Ratemaking Guidelines

Board also strengthens privacy policies; delivers Administrator’s performance review COLUMBUS, OH – The Ohio Bureau of Workers’ Compensation (BWC) Board of Directors voted Friday to modify two tables that impact experience-based rate adjustments for Public Employer Taxing Districts...

U.S. Supreme Court Says Employer Can Search Employee's Text Messages

WASHINGTON, D.C. - The United States Supreme Court in City of Ontario, Calif. v. Quon has upheld an employer’s ability to search text messages on a city-owned pager issued to a police officer. Source: Cal Chamber

Surveillance Video of Injured Worker During Prayer Service Did Not Violate Worker's Privacy

A Pennsylvania worker fell at work and fractured his right hand. He sought workers' compensation benefits, but the employer contested the claim. The employer's workers' compensation carrier hired the defendant investigation firm to perform surveillance on the worker. An investigator observed...

California: Employer Representative at Applicant's Deposition

The WCAB issued an opinion, Padilla v. LAMTA , (6/28/10, ADJ6981165) which dealt with the issue of having an employer representative at the deposition (especially during the portions in which prior medical history was being discussed). If you would like a copy of the opinion, please let me know. ...

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' Compensation Law , has compiled the list below...

Aggressive Surveillance of Injured Worker’s Family: Federal Court Says Spouse’s Tort Action Not Barred by Exclusive Remedy Rule

In a diversity action filed by the spouse of an injured worker against the third-party firm administering her husband's workers' compensation claim, a federal district court recently refused to grant the defendant's summary judgment motion, finding the tort action was not barred by the exclusive...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California Workers' Comp Cases Roundup (4/11/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 3 March 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights reserved...

California Enacts Law Limiting Employers' Access to Employees' Social Media

California Enacts Law Limiting Employers' Access to Employees' Social Media: What Employers Need to Know to Avoid the Minefields, 2012 Emerging Issues 6788 . Whether you "like" it or not, social media is changing the legal landscape of employee privacy rights at a rapid pace. On September...

CAAA 2013 Winter Convention Begins With a Focus on Medical Treatment Control, Expedited Hearings, and MPNs

By David Bryan Leonard, Esq. The 2013 California Applicant’s Attorney’s Association (CAAA) winter convention commenced January 24, 2013, in San Diego, California. This has been the first large CAAA convention since the implementation of Senate Bill 863 (SB 863). In an ongoing tradition...

CAAA 2013 Winter Convention Begins With a Focus on Medical Treatment Control, Expedited Hearings, and MPNs

By David Bryan Leonard, Esq. The 2013 California Applicant’s Attorney’s Association (CAAA) winter convention commenced January 24, 2013, in San Diego, California. This has been the first large CAAA convention since the implementation of Senate Bill 863 (SB 863). In an ongoing tradition...

California: Anti-Paparazzi Law Inapplicable in a Workers' Compensation Proceeding

In Duong v. Automobile Club of Southern California , 2014 Cal. Wrk. Comp. P.D. LEXIS –, a WCAB panel held that a sub rosa video recorded by the defendant in the parking lot of a mobile home park (where the applicant did not live) and inside an Albertson’s grocery store was admissible and...

Predictive Analytics and Big Data in the Workplace and Beyond: The Science Behind the Crystal Ball

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. An awful lot of ink has been devoted lately to Predictive Analytics and Big Data—two...