Workers' Compensation

Recent Posts

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

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

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

West Virginia: High Court Says Claimant’s Continued OxyContin Prescriptions Not Compensable
Posted on 23 Mar 2018 by Thomas A. Robinson

In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of continued use of OxyContin to an injured worker who sustained a back injury in August 1992, yet who complained of continuing back pain 23 years later, at the... Read More

Florida: Carrier’s Failure to Respond Does Not Mean Claimant Can Switch Medical Specialties
Posted on 27 Jan 2017 by Thomas A. Robinson

Resolving a split among the state’s judges of compensation claims, a Florida appellate court held that an employer/carrier’s failure to respond timely to a request for a one-time change of physician does not entitle the employee to a physician... Read More

Larson’s Spotlight on Recent Cases: Partially Disabled Claimant With Combined Injuries Should Not Receive More Payments Than a Quadriplegic Claimant
Posted on 11 May 2012 by Larson's Spotlight

Larson's Spotlight on Scheduled Award, Average Weekly Wage, Medical Benefits (Pool Therapy), and Nose Disfigurement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More

United States: Wyoming’s Pay Schedule for Air-Ambulance Services Transporting Injured Workers is Preempted by Airline Deregulation Act
Posted on 25 Aug 2017 by Thomas A. Robinson

To the extent that Wyo. Stat. Ann. § 27-14-401(e) and its associated rate schedule set forth a mandatory maximum reimbursement rate for air-ambulance claims under the state’s Workers’ Compensation Act, the statute and schedule were preempted... Read More

New Hampshire: Appeals Board Must Consider Future Medical Benefits in Conjunction With Employee’s Attorney Fee Request
Posted on 8 Jul 2016 by Larson's Spotlight

Acknowledging that contingent fee arrangements in workers’ compensation cases were not per se unreasonable, the Supreme Court of New Hampshire held it was error for the state’s Compensation Appeals Board (CAB) to follow what amounted to a... Read More