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Everyone in the workers’ compensation community has heard of the paradigm changing package of laws brought about by SB899 in 2004 and SB863 in 2013, but sometimes a new law slips under the radar radically tweaking a particular aspect of the rules...

An interesting argument has been raised: Should an applicant be allowed to rebut the MTUS guidelines before the WCAB? In McFarland v. The Permanente Medical Group, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split WCAB panel, affirming the WCJ, held...

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses...

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State,...

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has...

BY: J.P. MCGUIRE BOYD, JR. Fifteen months after the Federal Reserve Board proposed its initial ability-to-repay rule as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, no final rule has been adopted due in large part...

Larson's Spotlight on Post-Termination Claim, Labor Market, Marijuana, Credibility, Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson...

In a normal conveyance between private parties in Pennsylvania, the so-called “Dunham Rule ” governs whether use of the term "minerals" includes or excludes oil and natural gas. Dunham & Shortt v. Kirkpatrick , 101 Pa. 36 (1882...