Workers' Compensation

Recent Posts

New Jersey: High Court Says Employer May Have to Reimburse Employee for Medical Marijuana
Posted on 25 Apr 2021 by Thomas A. Robinson

Agreeing that an injured employee had sufficiently shown that medical marijuana represented reasonable and necessary medical treatment under New Jersey’s Workers’ Compensation Act, the Supreme Court of New Jersey affirmed a decision by a lower... Read More

New Hampshire: Requiring Reimbursement for Medical Marijuana is Not Aiding and Abetting Federal Crime
Posted on 11 Apr 2021 by Thomas A. Robinson

The Supreme Court of New Hampshire reversed—for a second time—a decision of the state’s Compensation Appeals Board that had found workers’ compensation carriers for New Hampshire employers could not be required to reimburse an... 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

Louisiana: Court Reiterates That Employer, Not Employee, Chooses Medication Fulfillment
Posted on 21 Nov 2020 by Thomas A. Robinson

Citing Burgess v. Sewerage & Water Board of New Orleans , 16-2267 (La. 6/29/17), 225 So.3d 1020, a Louisiana appellate court held an third-party-administrator ("TPA") was not liable for $48,000 in unpaid pharmacy charges incurred for treatment... 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

Illinois: Medical Care Providers May Not Reach Workers’ Compensation Settlement Proceeds
Posted on 9 Feb 2020 by Thomas A. Robinson

Enactment by the Illinois Legislature of the 2005 amendments to the state’s Workers’ Compensation Act, specifically 820 ILCS 305/8, and the enactment of a new section 8.2 did not alter the important underlying policy in Illinois — that... Read More

Minnesota: No-Fault Auto Insurer Ordered to Pay Injured Worker’s “Excess” Chiropractic Charges
Posted on 4 Jul 2019 by Thomas A. Robinson

Minn. Stat. § 176.83, subd. 5(c), and accompanying rules, under which an employer or workers’ compensation carrier may not be forced to pay chiropractic benefits beyond a 12-week period, does not prevent the injured worker from seeking reimbursement... Read More

Florida: JCC May Not Order Employer to Pay Claimant’s Authorized Physician
Posted on 22 Mar 2019 by Thomas A. Robinson

A Florida appellate court held a judge of compensation claims had no authority to order an employer to pay the claimant's authorized physician, since reimbursement was handled under § 440.13(7), Fla. Stat., and all reimbursement disputes fell... Read More

New Hampshire: High Court Hints that Carriers Might Have to Pay for Medical Marijuana
Posted on 22 Mar 2019 by Thomas A. Robinson

In a decision that cast some light on the issue of medical marijuana use by workers’ compensation claimants in New Hampshire, but which did not answer all pertinent questions definitively, the state’s Supreme Court held that the Appeals Board... Read More

New York: Continued Short-Term Med Approved in Spite of Passage of 16 Years
Posted on 14 Dec 2018 by Thomas A. Robinson

A New York appellate court recently affirmed the Board's decision that claimant’s continued use of Amrix—a muscle relaxant—was medically necessary in spite of the employer/carrier’s argument that the Board's Non-Acute Pain... Read More

Texas: Performance Based Oversight (12/23/11 Update)
Posted on 24 Dec 2011 by Stuart D. Colburn

Beginning January 1, 2012, the Division of Workers’ Compensation (DWC) will begin its six month collection of data to assess insurance carriers for Performance Based Oversight (PBO). The PBO period will last until June 30, 2011. The PBO measures... Read More

Nebraska: Failure to Follow Doctor’s Orders Defeats Otherwise Compensable Claim
Posted on 7 Mar 2014 by Larson's Spotlight

A Nebraska appellate court has affirmed a decision by the state’s Workers’ Compensation Court that limited an injured employee’s medical benefits to the costs of his first medical appointment where it found that the employee thereafter... Read More

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment
Posted on 10 Apr 2015 by Larson's Spotlight

A Missouri appellate court held that the state’s Industrial Relations Commission’s power to order an employee (and his spouse) to repay some $41,000 in medical benefits following the successful settlement of a third-party civil action for... Read More

Virginia: Specialized “Running Blade” Prosthesis Found Not to be Medically Necessary
Posted on 1 Dec 2017 by Thomas A. Robinson

The Virginia Workers’ Compensation Commission did not commit error when it determined that the running blade prosthetic device requested by claimant was not medically necessary under Va. Code Ann. § 65.2-603. Claimant had suffered a work-related... Read More

Pennsylvania: Massage Therapy Expenses Covered by Comp Act
Posted on 12 Jan 2018 by Thomas A. Robinson

A Pennsylvania appellate court held it was error for the state’s Workers' Compensation Appeal Board to find that a claimant’s massage therapy expenses were not reimbursable where they were provided by a massage therapist under the supervision... Read More