Workers' Compensation

    • 5 Feb 2013

    CWCI Finds Use of Compounded Drugs in California Workers’ Comp Are Down, But Payments Are Up

    New CWCI research shows that compounded drugs accounted for a declining share of California workers’ compensation prescriptions last year following reforms intended to contain the use and associated costs of these drugs and changes in how they are billed, but despite this decline, compound drug reimbursements continued to account for a growing proportion of the workers’ compensation prescription dollar as...
    • 3 Feb 2013

    Workplace Wellness Programs Return on Investment and Implementation Tips

    By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community Of the many workers’ compensation cost reduction initiatives available to employers today, wellness programs are by far the one of greatest interest. Employers...
    • 1 Feb 2013

    Larson’s Spotlight on Recent Cases: Illegal Immigration Status Doesn’t Bar Benefits

    Larson's Spotlight on Illegal Aliens, Rehabilitation Services, Lump Sum, and Heart Attack. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. KS: Inability to Accept Re-employment Because of Illegal Immigration Status Is No Bar to Work Disability Benefits ...
    • 31 Jan 2013

    Better Late Than Never? Not in this DE Superior Court Appeal Upholding the Statute of Limitations

    All hail John Morgan and Anthony Delcollo of Heckler & Frabizzio. They won at the Board and they won on appeal. Murphy v. Allen Family Foods , 12A-02-007, (Del. Super.) J. Brady, 1/23/2013 . The issue is, where a claimant files a DCD Petition, withdraws it without prejudice, and then re-files it after the running of the 2 year statute of limitations of 19 Del. Code Section 2361, can the "saving statute"...
    • 31 Jan 2013

    CAAA 2013 Winter Convention--Day Two Starts With Academy Award Nomination Level Ethics Panel and More

    Academy Award Nomination Level Ethics Panel, Report From the WCAB Commissioners and a Legal Rock Star Hall of Fame Presentation of Top 10 Cases Impacting California Applicants By David Bryan Leonard, Esq. Day two of the CAAA winter convention started with what I consider to be an academy-award-nomination-level ethics presentation panel. Starring the Honorable Jerold Cohn, who presided both as a panel mediator and...
    • 31 Jan 2013

    California: Labor Code Section 4656(c)(2) Includes Labor Code Section 4850 Time

    In another situation where many of us thought we already knew the answer, an appellate Court has provided a confounding, but welcome and well-reasoned opinion that contradicts the common wisdom on what was considered an already decided issue. Much like the multiple writ denied cases holding the Wilkinson case to still be good law until the appellate decision in Benson v W.C.A.B ., the issue in this case is one with multiple...
    • 31 Jan 2013

    Applicant Dropped Off On Skid Row Justified Penalties: Cal. Comp. Cases February Advanced Postings (1/30/2013)

    Here’s the first batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. TIG Insurance Company (administered by Risk Enterprise Management, Inc.), insurer for Taco Bell Corporation, Petitioner v. Workers' Compensation Appeals Board, Jean...
    • 30 Jan 2013

    In Search of a Dirt Devil: Delaware IAB Rejects Course & Scope Defenses

    Today's post is a salute to my lack of ego. Yep, I am going to break my own rule and post about one of my cases....and take it a step further and tell y'all about a case I recently lost to Matt Bartkowski of Kimmel, Carter, Roman & Peltz. I so wanted to just file this one away in my drawer, but that small still voice kept screaming "this one has something to offer"....... So I give you Alfonso...
    • 28 Jan 2013

    California: Discovery of Witness Statements

    By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken by the attorney, at the attorney’s direction, or written by a witness and given to the attorney, are discoverable in workers’ compensation proceedings. However...
    • 28 Jan 2013

    Depression: The Hidden Cost of Compensable Work Injuries

    Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers’ compensation benefits, and anxiety regarding an ability to return to work can be severe. Both the injured worker and employer bear the costs. According to the medicolegal treatise Occupational Injuries and Illnesses...
    • 28 Jan 2013

    CAAA 2013 Winter Convention Begins With a Focus on Medical Treatment Control, Expedited Hearings, and MPNs

    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 Senate Bill 863 (SB 863). In an ongoing tradition to both educate and recognize past achievement, Marc Marcus, Esq. will be honored with the Eugene Marias award. This...
    • 25 Jan 2013

    Missouri Second Injury Fund: Is It Time to Re-Define Disability?

    No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded benefits. One issue underlying the Fund’s fiscal crisis is how disability is defined. The class of workers eligible for Fund benefits has expanded...
    • 24 Jan 2013

    Larson’s Spotlight on Recent Cases: Attorney Fees and the Common Fund Doctrine

    Larson's Spotlight on Attorney Fees, Venue, Intentional Tort, and Refusal of Light Duty. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NE: Worker's Lawyer May Not Recover Attorney Fees From Medical Provider Under Common Fund Doctrine The so-called...
    • 23 Jan 2013

    Missouri: Court Declines to Compel Payment of Fund Award

    An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus against the State Treasurer ordering payment of an award of permanent and total disability with accrued benefits of ...
    • 22 Jan 2013

    California: It’s Here--Independent Bill Review (Part 2)

    By David Bryan Leonard, Esq. © Copyright 2013 LexisNexis. All rights reserved. This is Part 2 of a two-part article. Read Part 1 here . Processing of IBR Request by the Administrative Director After the secondary review, and after the provider submits the proper request and fees for IBR, § 9792.5.9 details how the IBR request must be processed. Once the IBR is received, the Administrative Director...
    • 22 Jan 2013

    Prior Relationship Common Factor in Workplace Homicides: Study Offers Guidance

    By John Stahl, Esq. The December 2012 incident at the Sandy Hook Elementary School is a recent example of a mass shooting affecting a person in a workplace (e.g., school principal) with whom the shooter has a prior relationship. A concurrent article in the Journal of Occupational and Environmental Medicine addresses the related phenomenon of workplace homicides in which the assailant has a relationship with either...
    • 17 Jan 2013

    Larson’s Spotlight on Recent Cases: Mental Injury Claim for Witnessing Suicide

    Larson's Spotlight on Mental Injury, Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. WI: Deputy Sheriff's Mental Injury Claim Sustained Where Deputy's Actions Led to Suicide...
    • 17 Jan 2013

    Missouri: Polio Renders Worker Totally Disabled

    Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against the second injury fund and found the 60-year old worker unemployable. Redfern v Autozone , 2013 Mo WCLR Lexis 6 (Jan...
    • 16 Jan 2013

    California: W.C.A.B. Declines to Accept Jurisdiction over Out of State NFL Player

    The Workers' Compensation Appeals Board has issued a decision in what can best be called a niche case involving professional sports specifically professional football. In McKinley v. Arizona Cardinals , the W.C.A.B. has issued an en banc decision specifically declining to exercise jurisdiction over the applicant's workers' compensation claim for injuries alleged to have been sustained during his career as...
    • 16 Jan 2013

    The Unreliable Vocational Expert: Cal. Comp. Cases January Advanced Postings (1/16/2013)

    Here’s the third batch of advanced postings for the January 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Guillermo Hernandez, Petitioner v. Workers' Compensation Appeals Board, Spiess Construction, State Compensation Insurance Fund, Respondents , 2012 Cal. Wrk. Comp. LEXIS...
    • 14 Jan 2013

    Opting Out is the New “In” Thing: Study Discusses Alternatives to Workers’ Compensation

    By John Stahl, Esq. The astronomical benefits-related costs, protracted dispute resolution process, and numerous other ills associated with workers’ compensation that have prompted reforms have also increased support for the “opt-out” movement. Opting out initially requires that a state enact a law that allows employers that would otherwise have to provide workers’ compensation coverage to offer...
    • 12 Jan 2013

    California: 25 Noteworthy Panel Decisions You Should Know About (July-December 2012)

    Here are the publisher's picks for the top noteworthy * panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers can link to the noteworthy panel decisions cited below. Reminder: Be sure to check the status of a case before citing...
    • 12 Jan 2013

    CWCI Analysis Estimates CURES Program Could Save $57 Million in Workers’ Comp Costs

    As debate swirls about future funding for California’s $3.7 million a year Controlled Substance Utilization Review and Evaluation System (CURES), a new California Workers’ Compensation Institute study asserts that allowing 3rd party payer access to CURES would improve quality of care and strengthen utilization and cost control over opioid prescriptions dispensed to injured workers, which for accident year...
    • 11 Jan 2013

    David & Goliath: Army of Doctors Cannot Save Delaware Termination Petition in TBI Case

    You have to hand it to my partner Tim Lengkeek. He gets sexy cases from a litigation standpoint-many of his clients have serious if not catastrophic injury (and some of them are even dead). And today's case involves a traumatic brain injury as the result of a work-related motor vehicle accident (and if memory serves correct, Tim won at a prior Hearing in this matter given that the carrier initially challenged course...
    • 10 Jan 2013

    CWCI Scorecard Looks at Carpal Tunnel Claims in California Workers’ Comp

    The California Workers’ Compensation Institute has released the sixth edition of its “Injury Scorecard” research series, providing detailed data on accident year (AY) 2001 to 2011 workers’ compensation claims experience for cases in which the primary diagnosis was carpal tunnel syndrome. The new Scorecard is based on data from 19,899 California open and closed job injury claims for carpal tunnel...