Workers' Compensation

Recent Posts

South Dakota: Claimant Did Not Abandon Labor Market By Relocating to Daughter’s Home in Small Town
Posted on 13 Jul 2018 by Thomas A. Robinson

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

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System
Posted on 27 Sep 2012 by John Stahl

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

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

Cost Containment From Soup to Nuts: Rebecca Shafer’s Workers Compensation Management Program: Reduce Costs 20% to 50%, 2012 Edition
Posted on 4 Jan 2012 by Karen C. Yotis

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

Missouri: A "Working" Claimant is Not a Total (sometimes)
Posted on 8 Dec 2011 by Martin Klug

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

LexisNexis® Workers Compensation Law Community Podcast: Dr. Richard Victor on the Workers' Compensation System's Elephant in the Room
Posted on 14 Dec 2011 by LexisNexis Legal Business Community Staff

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

Workers’ Comp, Texas Style: A Highly Regulated System in a Pro-Business State
Posted on 26 Jul 2012 by Stuart D. Colburn

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

Blueprint for HIPAA and ADA Compliant Wellness Programs: Encouraging Good Health Reduces Workers’ Compensation Expenses
Posted on 26 Jul 2012 by John Stahl

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

Work Loss Data Institute Warns of Fox Guarding the Hen House in State Treatment Guidelines
Posted on 24 Mar 2012 by John Stahl

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

Injuries From Trench Collapse Caused by Employer's Serious and Willful Misconduct: Cal. Comp. Cases February Advanced Postings (2/12/2015)
Posted on 12 Feb 2015 by California Compensation Cases Staff

Here’s the third batch of advanced postings for February 2015 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Connecticut: Employer Need Not Pay for Palliative Medical Care
Posted on 13 Mar 2015 by Larson's Spotlight

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

FECA Reform: Fresh Approaches, Aging Workers and Trying to Do More With Less
Posted on 13 Jul 2015 by Karen C. Yotis

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

Texas: Court OKs Termination of Injured Employee at End of FMLA Leave
Posted on 11 Dec 2015 by Larson's Spotlight

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

The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered!
Posted on 13 Sep 2011 by Cassandra Roberts

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

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse
Posted on 20 Mar 2015 by Larson's Spotlight

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