An award of permanent total disability benefits to an injured worker was appropriate in spite of allegations by the former employer that the worker abandoned the labor market by moving to Winner, South Dakota, more than 60 miles from Sioux Falls—her... Read More
By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should... Read More
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
By Karen C. Yotis, Esq. When a workers’ compensation maven of Rebecca Shafer’s caliber shares her expertise about implementing cost containment best practices, industry professionals can’t afford to do anything but listen. Likewise... Read More
Claimant's capacity to return to work for 1 1/2 years after her back injury defeated her SIF claim that she was permanently and totally disabled. Her duties such as data entry, answering phones or monitoring suicidal patients were considered a ‘real... Read More
On this edition, Dr. Richard Victor, Executive Director of the Workers Compensation Research Institute, discusses the challenges of return to work opportunities for injured workers and the workers compensation questions presented by the unprecedented... Read More
By Stuart D. Colburn and Albert Betts, Jr. Cotton, cattle and oil were the primary economic engines when Texas first adopted workers’ compensation. In the 100+ years since, the economy and workers’ compensation laws have changed dramatically... Read More
By John Stahl, Esq. The article “Guidance for a Reasonably Designed, Employer-Sponsored Wellness Program Using Outcomes-Based Incentives” in the Journal of Occupational and Environmental Medicine demonstrates how employer-sponsored outcomes... Read More
By John Stahl, Esq. Phil LeFevre, who is a Senior Account Executive, with the Work Loss Data Institute (WLDI) spent much of a recent webinar entitled “Emerging Trends in Workers’ Comp Treatment Guidelines by State: Has the Fox Been Left... Read More
Here’s the third batch of advanced postings for February 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 rights... Read More
A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not... Read More
Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. The cost cutting game being played in the... Read More
An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave... Read More
First, a shout out to my dear husband Tom. Today is our eighth wedding anniversary. And yes, you could say it is indeed better "the second time around." To borrow from my wedding invitation: "Many waters cannot quench love; rivers cannot... Read More
In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing... Read More