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Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New Jersey: High Court Says Employer May Have to Reimburse Employee for Medical Marijuana
Agreeing that an injured employee had sufficiently shown that medical marijuana represented reasonable and necessary medical treatment under New Jersey’s Workers’ Compensation Act, the Supreme Court of New Jersey affirmed a decision by a lower...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New Hampshire: Requiring Reimbursement for Medical Marijuana is Not Aiding and Abetting Federal Crime
The Supreme Court of New Hampshire reversed—for a second time—a decision of the state’s Compensation Appeals Board that had found workers’ compensation carriers for New Hampshire employers could not be required to reimburse an...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
District of Columbia: Hearings Department Has Jurisdiction to Decide Which of Two Contractors Should Modify Residence of Quadriplegic
The District of Columbia's Compensation Review Board ("CRB") committed error when it agreed with the District's Adjudication and Hearings Department ("AHD") that the latter did not have sufficient jurisdiction to determine...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Louisiana: Court Reiterates That Employer, Not Employee, Chooses Medication Fulfillment
Citing Burgess v. Sewerage & Water Board of New Orleans , 16-2267 (La. 6/29/17), 225 So.3d 1020, a Louisiana appellate court held an third-party-administrator ("TPA") was not liable for $48,000 in unpaid pharmacy charges incurred for treatment...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Michigan: Massage Therapy Services Found Not Compensable
Massage therapy services are not the sort of services for which an employer must pay to an injured employee unless the services are (a) prescribed by health care professionals specified in Michigan's Workers' Compensation Act and (b) performed...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Illinois: Medical Care Providers May Not Reach Workers’ Compensation Settlement Proceeds
Enactment by the Illinois Legislature of the 2005 amendments to the state’s Workers’ Compensation Act, specifically 820 ILCS 305/8, and the enactment of a new section 8.2 did not alter the important underlying policy in Illinois — that...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Minnesota: No-Fault Auto Insurer Ordered to Pay Injured Worker’s “Excess” Chiropractic Charges
Minn. Stat. § 176.83, subd. 5(c), and accompanying rules, under which an employer or workers’ compensation carrier may not be forced to pay chiropractic benefits beyond a 12-week period, does not prevent the injured worker from seeking reimbursement...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: JCC May Not Order Employer to Pay Claimant’s Authorized Physician
A Florida appellate court held a judge of compensation claims had no authority to order an employer to pay the claimant's authorized physician, since reimbursement was handled under § 440.13(7), Fla. Stat., and all reimbursement disputes fell...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New Hampshire: High Court Hints that Carriers Might Have to Pay for Medical Marijuana
In a decision that cast some light on the issue of medical marijuana use by workers’ compensation claimants in New Hampshire, but which did not answer all pertinent questions definitively, the state’s Supreme Court held that the Appeals Board...
Thomas A. Robinson
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Continued Short-Term Med Approved in Spite of Passage of 16 Years
A New York appellate court recently affirmed the Board's decision that claimant’s continued use of Amrix—a muscle relaxant—was medically necessary in spite of the employer/carrier’s argument that the Board's Non-Acute Pain...
Williams Mullen
over 9 years ago
Litigation
Litigation Blog
Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability
By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available...
Stuart D. Colburn
over 11 years ago
Workers' Compensation
Insurance Premiums & Rates
Texas: Performance Based Oversight (12/23/11 Update)
Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Nebraska: Failure to Follow Doctor’s Orders Defeats Otherwise Compensable Claim
A Nebraska appellate court has affirmed a decision by the state’s Workers’ Compensation Court that limited an injured employee’s medical benefits to the costs of his first medical appointment where it found that the employee thereafter...
Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Virginia: Specialized “Running Blade” Prosthesis Found Not to be Medically Necessary
The Virginia Workers’ Compensation Commission did not commit error when it determined that the running blade prosthetic device requested by claimant was not medically necessary under Va. Code Ann. § 65.2-603. Claimant had suffered a work-related...
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