Workers' Compensation

Recent Posts

Minnesota: Substantial Deference Must Be Given to Compensation Judge’s Findings
Posted on 6 Jul 2017 by Thomas A. Robinson

In a deeply divided decision, the Supreme Court of Minnesota reversed a decision of the state’s Workers’ Compensation Court of Appeals (WCCA), finding that the WCCA had inappropriately substituted its judgment for that of the compensation... Read More

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court
Posted on 25 Jul 2012 by Cassandra Roberts

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v... Read More

California: Verification Required for IMR Appeal
Posted on 29 Aug 2014 by Richard M. Jacobsmeyer

The W.C.A.B. has issued another “Significant Panel Decision*” addressing another procedural issue under SB 863. In Torres v. Contra Costa Schools Insurance Group, SCIF , the W.C.A.B. has addressed the procedural status of an appeal of an IMR... Read More

California: The Important Distinctions Between Reconsideration and Removal
Posted on 8 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration... Read More

Missouri: Lack of 92 Cents in Postage Dooms Claimant’s Notice of Appeal
Posted on 11 Dec 2015 by Larson's Spotlight

Where delivery of an envelope containing claimant’s notice of appeal was refused by the U.S. Postal Service because of insufficient postage and the envelope was returned to claimant who then re-mailed the envelope and its contents to the Commission—this... Read More

California: How to File an Appeal of a Final Determination of an Independent Medical Review
Posted on 19 Mar 2014 by Robert G. Rassp, Esq.

A great deal of mystery surrounds who, what, where, when, and how the Applicant or Defendant can appeal an adverse Final Determination of an independent medical review. This article will discuss the process that leads from a utilization review denial... Read More

California: WCAB Panel Takes Strict, Literal Approach to IMR Appeals
Posted on 13 Aug 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

No material mistake of fact exists when IMR reviewer fails to list the actual reports and records reviewed by the IMR physician In Hacker v. County of San Bernardino-Public Health Department , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split... Read More

Defendant’s Strict Security Regulations Prevented Applicant From Disclosing Information on Work Exposure: Cal. Comp. Cases March Advanced Postings (3/17/2015)
Posted on 18 Mar 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for March 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

Cal. Comp. Cases September Advanced Postings (9/1/2011)
Posted on 1 Sep 2011 by California Compensation Cases Staff

Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries. Interwoven, Inc., American... Read More

Manifest Destiny: Maryland Court Expands Commission Jurisdiction Pending Appeal
Posted on 28 Apr 2011 by Lance G. Montour

By Lance G. Montour, Partner, Humphreys, McLaughlin & McAleer, LLC The above case, Sanchez v. Potomac Abatement, Inc., et al., ___ Md. ___, ___ A.3d ___ (April 27, 2011) , is a dangerous new case concerning retained jurisdiction by the Commission... Read More

Cal. Comp. Cases September Advanced Postings (9/1/2011)
Posted on 1 Sep 2011 by California Compensation Cases Staff

Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries. Interwoven, Inc., American... Read More

California: The Important Distinctions Between Reconsideration and Removal
Posted on 8 Mar 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration... Read More

Can’t Buy Me Love: Appellate Attorney’s Fee Claim Whittled Down by Delaware Court
Posted on 25 Jul 2012 by Cassandra Roberts

It's amazing what money can buy in the First State. It can purchase one heck of a lot of advocacy in an appeals brief, without a doubt. But that's not quite what today's case is about. The Superior Court decision du jour is Robert Bruce v... Read More

TX: DoI Proposes Amendments to IRO
Posted on 7 Jul 2010 by workerscompensation.com

Austin, TX (CompNewsNetwork) - The Texas Department of Insurance (Department) is accepting public comment on the proposed amendments to 28 Texas Administrative Code (TAC) §§12.1, 12.2, 12.4, 12.5, and 12.6; 12.101 - 12.106, 12.108, 12.110; 12... Read More