By Christopher Mahon, LexisNexis Insights Contributing Author In 1965, less than 0.5% of American workers worked from home. Due to technological innovation in the late twentieth century, that 0.5% rose...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Even carefully crafted stipulations that purport to limit an employer’s...
By Hon. Susan V. Hamilton, Former Assistant Secretary and Deputy Commissioner, California Workers’ Compensation Appeals Board Claims of work-related psychiatric injuries have a fraught history...
Oakland - A new California Workers’ Compensation Institute (CWCI) study shows that almost half of all litigated claims in the LA Basin are cumulative trauma (CT) claims that involve physical or mental...
LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
The Supreme Court of South Carolina recently held in relevant part that with regard to the handling of claims related to insolvent workers’ compensation carriers, the "covered claim" limitation applies only in the context of claims deriving from insolvent carrier's policies; when a claim is brought directly against the guaranty association for actions taken by it in the handling of a case, there is no such "covered claims" limitation. Accordingly, the high court held that both interest and penalties could be assessed against the guaranty association where, after a first round of appeals was abandoned, liability for a lump-sum award was conclusively established and the guaranty association's subsequent failure to timely pay the lump-sum award could only be attributed to its own conduct. While interest and penalties could not be assessed for derivative liability, under S.C. Code Ann. § 38-31-60(j), the association could be directly liable for its own actions.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Hudson v. Lancaster Convalescent Ctr., 2014 S.C. LEXIS 4 (Jan. 8, 2014) [2014 S.C. LEXIS 4 (Jan. 8, 2014)]
See generally Larson’s Workers’ Compensation Law, § 102.04 [102.04]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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