Workers' Compensation

Recent Posts

New York: Out-of-State Medical Treatment Must Comply With State’s Medical Guidelines
Posted on 27 Nov 2018 by Thomas A. Robinson

Acknowledging that a New York claimant who moved from the Empire State to another—in this case, Nevada—was entitled to reasonable and adequate medical treatment in his or her new location, a New York appellate court held that such out-of-state... Read More

Wyoming: Cost of “Alternative” Spinal Surgery in Germany Need Not be Paid by Employer/Carrier
Posted on 24 Aug 2018 by Thomas A. Robinson

For workers’ compensation purposes, approval of a medical device or treatment by the U.S. Food and Drug Administration (FDA) is not required to establish that it was reasonable and necessary; but the Wyoming Workers’ Compensation Division... Read More

California: Whose Burden Is It, Anyway?
Posted on 30 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden... Read More

Five-day Timeframe for Issuing UR Decision Was Extended by UR Reviewer’s Timely Request for MRI Reports: Cal. Comp. Cases November Advanced Postings (11/10/2015)
Posted on 10 Nov 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the November 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

CAAA 2013 Winter Convention Begins With a Focus on Medical Treatment Control, Expedited Hearings, and MPNs
Posted on 28 Jan 2013 by David Bryan Leonard

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... Read More

Walks on Water? A Parable About Surgery From the Delaware IAB
Posted on 6 Sep 2012 by Cassandra Roberts

Okay, so the ridiculously cute kids pictured above are Daniel and Juliette Kimmel, Larry's kids. This case has nothing to do with Larry.....the kids are just THAT cute that they deserve to be enjoyed by everyone, and the beach pics are an apt salute... Read More

Vermont Workers’ Compensation Update: January to March 2015
Posted on 1 Apr 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist... Read More

Colorado: Hotel and Restaurant Expenses for Out-of-Town Medical Treatment Need Not Be Advanced
Posted on 23 Aug 2013 by Larson's Spotlight

Hotels and restaurants patronized by a workers’ compensation claimant during authorized travel out-of-town to obtain treatment by a specialist are not “medical providers” as that term is defined by § 8–42–101(4), C.R... Read More

Claim for Psychiatric Injury as Compensable Consequence of Chronic Hepatitis Not Precluded by Compromise and Release: Cal. Comp. Cases July Advanced Postings (6/22/2016)
Posted on 23 Jun 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More

Love without Borders: Delaware Law Eliminates Provider Certification Requirement for Out-of-state Treatment
Posted on 31 Jul 2015 by Cassandra Roberts

Special thanks to Tara Bustard, Andy Carmine and Walt Schmittinger for bringing to my attention that House Bill 166 was signed into law on Monday. This is the long-awaited legislative remedy to the issues acknowledged by Wyatt v. Rescare and Vanvliet... Read More

Alabama: Employer Need Not Provide Walk-In Bathtub
Posted on 29 Aug 2014 by Larson's Spotlight

An Alabama appellate court held that under the particular facts of the case, a walk-in bathtub was not “other apparatus” reasonably necessary for treating an employee’s injury (see Ala. Code § 25-5-77(a)) in spite of one physician’s... Read More

Utilization Review Untimely When Defendant Didn’t Subject Treating Physician’s Requests for Authorization to UR: Cal. Comp. Cases July Advanced Postings (6/26/2015)
Posted on 26 Jun 2015 by California Compensation Cases Staff

Here’s the first batch of advanced postings for July 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved... Read More

Grasshopper Cheesecake and an Extension of the Wyatt Doctrine in Delaware
Posted on 24 Mar 2014 by Cassandra Roberts

It’s been busy, busy, busy in my little kitchen that could. I won the Chili Cook-Off last weekend and was up to my elbows in crème de menthe and crème de cacao, as I made a Grasshopper Cheesecake for a St. Paddy’s Day Potluck... Read More

California: Direct Injuries vs. Compensable Consequences
Posted on 29 Mar 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Importance of Knowing the Difference Between Direct Injuries and Compensable Consequences For dates of injury prior to 1/1/2013, injured workers were entitled to full workers’ compensation benefits for injuries to all body parts, regardless... Read More

CWCI Study Monitors California Workers’ Comp Medical and Indemnity Trends
Posted on 21 Nov 2014 by California Workers' Compensation Institute

Payments for pharmaceuticals and durable medical equipment (DME) in California workers’ compensation continue to increase sharply, adding pressure against the recent reforms to the system according to a new CWCI study that examines medical and indemnity... Read More