Workers' Compensation

Recent Posts

California: Independent Medical Review – Which One Applies To What?
Posted on 26 Jul 2013 by Robert G. Rassp, Esq.

There is much confusion over the two Independent Medical Reviews in the California workers’ compensation system: MPN-IMR and UR-IMR. Attorneys should beware of mixing apples and oranges when it comes to these two separate and distinct processes... Read More

New Mexico: Six-Year Delay by Uninsured Fund to Reinstate Reimbursement Petition Was Untimely
Posted on 24 Feb 2017 by Thomas A. Robinson

A New Mexico trial court did not abuse its discretion in refusing to reinstate a 2006 Petition filed by the Uninsured Employers’ Fund (“UEF”) against an employer where the UEF’s Petition was initially dismissed, without prejudice... Read More

Nebraska: No “Waiting-Time Penalties and Fees” Where Employer Mailed Settlement Check to Wrong Address
Posted on 30 Mar 2018 by Thomas A. Robinson

The Compensation Court correctly denied an injured worker’s request for waiting-time penalties and attorney fees where the employer mailed the second of two installments to the wrong address, but where the first check—also mailed to the incorrect... Read More

Action Delayed Is a Continuance Denied In Delaware
Posted on 16 Mar 2015 by Cassandra Roberts

Today’s cautionary tale comes from my partner Natalie Wolf who sent me a copy of Andres Urdaneta v. Trader Joes , IAB# 1419092 (3/10/15)(ORDER) . The matter came to the Board on an opposed request for a continuance being advanced by the employer... Read More

Oklahoma: “Crafty Gamesmanship” Earns Insurer a Date in Court for Bad-Faith Failure to Pay
Posted on 2 Mar 2017 by Thomas A. Robinson

The Supreme Court of Oklahoma, in a divided decision, held that an employee could maintain a bad-faith action against a workers’ compensation insurer alleging that following an award of compensation benefits by the state’s Workers’ Compensation... Read More

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount
Posted on 23 Jun 2011 by Mark Popolizio, Esquire

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the... Read More

Cal. Comp. Cases September Advanced Postings (9/9/2010)
Posted on 10 Sep 2010 by California Compensation Cases Staff

Here's the second batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. subscribers can link to the cases below to read the complete headnotes. Kent Anderson v. W.C.A.B., Smart & Final, PSI, Sedgwick CMS... Read More