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Where an injured employee sustained a laceration over the eye -- a condition admitted by the employer -- and later sought reinstatement of his disability benefits, the burden was on the employee to establish his entitlement to benefits based on an actual...

Stressing that the Eighth Amendment’s prohibition against the imposition of “excessive fines” applies not only to fines that are levied against individuals, but also against corporations, the Supreme Court of Colorado, with one partially...

Bado v. U.S. - "The court, sitting en banc, is asked to decide whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation as a result of a criminal conviction for an offense that is punishable...

By Steven M. Siros On March 13, 2015, the Environmental Appeals Board ("EAB") struck down a landmark $2,751,800 penalty that had been imposed on Elementis Chromium for its alleged failure to comply with the Toxic Substances Control Act's...

Recently it was reported that a full one-third of Swiss banks (some 106) sought to join the Department of Justice (DOJ) program which offers a non-prosecution agreement to the banks that opt in, in exchange for information about the banks’ cross...

Twenty-three states enacted 51 bills last year dealing with sentencing and criminal penalties, according to the State Sentencing and Corrections Legislation database provided by the National Conference of State Legislatures and the Pew Charitable Trusts’...

A prior post noted the very substantial problems with AB 227. If it was meant to be a universal cure, it was woefully inadequate. However, it now appears that its scope has been limited substantially, which makes it somewhat more reasonable as a solution...

Missouri compensation allows a 15% enhancement of statutory comp benefits when the employer fails to comply with state law and the injury is caused by the failure. Although most cases invoke 287.120.4 (Lexis Advance), 287.120.4 (lexis.com) for failure...

Can an insurer submit medication prescription requests to utilization review (UR) even where those medications have been repeatedly authorized before? That question has been hotly debated in California workers’ comp circles after a recent WCAB...

Illinois’ Administrative Review Law has no bearing on the provisions of the state’s Worker’s Compensation Act, which sets forth a specific procedure for the review of an arbitrator's workers' compensation award at all levels...

Both utilization review physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814...

Richmond, Virginia, May 21, 2014: The 2014 General Assembly approved an increase in the civil penalty imposed when an employer required to insure under the Workers’ Compensation Act fails to insure. An employer is required by state law to insure...

In Gage v. County of Sacramento , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant’s delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered...

By Bruce P. White, Esq. A WCAB panel has recently issued an important decision that will give guidance to the workers’ compensation community on salary continuation plans. The decision in Fiorentino v. Allan Hancock College , ADJ7527243, is...