Workers' Compensation

Recent Posts

Pennsylvania: 18 Months of Home Remedies Do Not Constitute Medical Treatment
Posted on 28 Jul 2021 by Thomas A. Robinson

Where an employer’s examining physician opined that the workers’ compensation claimant had fully recovered from her injuries—the physician based his opinion, in large part, on the fact that claimant had not sought medical treatment from... Read More

New York: Decision Must be Limited to Issue Actually Before WCLJ
Posted on 22 May 2021 by Thomas A. Robinson

A finding by New York’s Workers’ Compensation Board that surgery related to an injured employee’s back condition should not be approved was error, held a state appellate court, where the Board’s decision (affirming that of a WCLJ... Read More

Mississippi: Commission's Sanctions Order Against Employer for Appealing ALJ's Decision Was Inappropriate
Posted on 26 Dec 2020 by Thomas A. Robinson

The Mississippi Workers' Compensation Commission should not have entered an order that required an employer/carrier to pay $4,000 in attorney's fees as a section for appealing an ALJ's order requiring the employer to pay for the replacement... Read More

District of Columbia: Hearings Department Has Jurisdiction to Decide Which of Two Contractors Should Modify Residence of Quadriplegic
Posted on 9 Dec 2020 by Thomas A. Robinson

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... Read More

Georgia: Res Judicata No Bar to Re-Thinking Medical Treatment
Posted on 21 Nov 2020 by Thomas A. Robinson

A Georgia appellate court held the doctrine of res judicata could not be utilized by the employer to block consideration of whether an injured employee should be potentially treated with a spinal cord stimulator in spite of an earlier ruling by an ALJ... Read More

Michigan: Massage Therapy Services Found Not Compensable
Posted on 18 Oct 2020 by Thomas A. Robinson

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... Read More

Minnesota: Chiropractor's Delay in Intervening Results in No Payment for Medical Services Rendered
Posted on 27 Aug 2020 by Thomas A. Robinson

Where a Minnesota chiropractor received a notice indicating that he had the right to file an intervention request in a workers' compensation claim -- the chiropractor had provided some $9,000 in medical service to the claimant -- but who took no action... Read More

Tennessee: Employer’s Failure to Use On-Site Defibrillator Does Not Mean Injury Claim is Compensable
Posted on 8 Feb 2019 by Thomas A. Robinson

A worker’s injury, in the form of brain damage due to oxygen deprivation following a non-work-related medical emergency, did not arise out of the employment in spite of the employer’s failure to utilize an automated external defibrillator... Read More

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