LexisNexis® Legal Newsroom
Medicare Set-Asides and Special Needs Trusts

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC Now that those involved in personal injury settlements, whether workers’ compensation or liability insurance based, have finally come to understand the Medicare Secondary Payer Act (“MSP”) to some extent, it appears that...

Inspector General of US Postal Service Calls on Congress to Reform Federal Disability Benefits System

The Postal Service’s Inspector General, David Williams, will tell Congress today that the federal workers’ compensation system has a high risk of fraud and should be reformed. Williams will point out that some employees of the Postal Service can receive more in disability benefits than they...

The Masked Wrestler’s Lament

(Lyrics and Performance by Lex Larson) This moving ballad is inspired by an actual case: Gyarmati v. George E. Fern Co., 2002 Ohio 4323 (Ct. App. 2002) .* Set to one of the many versions of the traditional song “Red Rocking Chair,” the song documents the woes of a gentleman who is out...

FECA Reform Proposals

A Second Congressional Hearing Provides More Details on a Framework for Legislation The Subcommittee on Workforce Protections, Committee on Education and the Workforce, U.S. House of Representatives, held a hearing on May 12, 2011, about updating and reforming the Federal Employees' Compensation...

MO: Does a Claimant Who Refuses To Attend Appointments, As a Matter Of Law, Reach Maximum Medical Improvement To Allow an Award of Permanent Partial Disability?

The recent Missouri Commission case of Baxter v General Motors Corp. , DOLIR 6-24-11, affirmed an award of benefits for disability when both experts concluded claimant did not reach maximum medical improvement. The claimant's surgeon examined claimant after carpal tunnel releases and concluded...

Workers' Comp Fraud Blotter (7/21/2011) – Lake Erie Jolly Roger Restaurant Company Owner Lets Workers’ Compensation Coverage Lapse

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

California Applicants' Attorneys Association Announces 2011-12 leadership team, Priorities for coming year

SACRAMENTO, CA - The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today announced that it has installed a new president and team of officers for the coming year. S. Bradley Chalk , founder and principal of the Chalk Law Office in...

Five Recent Workers’ Comp Cases You Should Know About (9/23/2011) – Robberies Were Normal Condition of Work, So Mental Injury Claim Not Allowed

Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Five Recent Workers’ Comp Cases You Should Know About (9/23/2011) – Robberies Were Normal Condition of Work, So Mental Injury Claim Not Allowed

Larson's Spotlight on Mental Injury, Jurisdiction, Disqualification for Benefits, Evidence of Disability, and Pain Impairment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

Diligent Search for Work or Just Diddling Around

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability is defined at 33 U.S.C.S. § 902 (10) as...

Diligent Search for Work or Just Diddling Around

By Paul B. Howell, Franke & Salloum, PLLC, Gulfport, Mississippi Most cases under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 , et seq. , involve the issue of a claimant's entitlement to disability. Disability is defined at 33 U.S.C.S. § 902 (10) as "incapacity...

LexisNexis 2011 Special Achievement Award for Workers’ Compensation

The LexisNexis Workers' Compensation Law Community is pleased to announce the recipient of its first Special Achievement Award. This year we would like to honor a social media phenomenon on LinkedIn - the Work Comp Analysis Group . In the fall of 2008, Mark Walls, an Assistant Vice President...

U.S. Supreme Court to Review Longshore Average Weekly Wage Issue

By John E. Kawczynski Field Womack & Kawczynski, LLC, South Amboy, New Jersey The Supreme Court has granted certiorari in the case of Dana Roberts v. Director, OWCP (Sea-Land Services, Inc.), 625 F.3d 1204 , 44 BRBS 73(CRT) (9th Cir. 2010). This case will resolve a split in the circuits regarding...

Workers' Comp Fraud Blotter (12/15/2011) – Roller Coaster Mom Goes From Disneyland To Fraud Conviction

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Texas: Performance Based Oversight (12/23/11 Update)

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 are as follows: Timely Initial Payment of Benefits...

U.S. Dept. of Labor Posts SAWW Information for 2013 COLA Calculations

[ Editor's Note: This blog post has been corrected .] Unfortunately when I initially looked at the Dept of Labor site for this information, the link for last year’s information took me to the 4th quarter, not the first quarter. This resulted in a rather significant understatement of the...

Increase in California Average Weekly Wage to Boost 2013 Workers’ Compensation Benefits

California’s State Average Weekly Wage (SAWW) rose more than 5.5% from $1003.55 to $1,059.38 in the 12 months ending March 31, 2012, which according to the California Workers’ Compensation Institute (CWCI), will boost minimum and maximum temporary total disability (TTD) rates for 2013 work...

FEHA Licene Plate California

National Workers’ Compensation and Disability Conference November 19-21, 2014

LexisNexis is once again partnering with the National Workers' Compensation and Disability Conference ® to provide top quality education and valuable insights on the industry’s hottest legal issues straight from your favorite LexisNexis contributors. Plus, you'll earn CLEs. And, all...

NWCD Conf logo with dates for LN Vegas 200

2014 National Workers’ Compensation and Disability Conference

LexisNexis is once again partnering with the National Workers' Compensation and Disability Conference ® to provide top quality education and valuable insights on the industry’s hottest legal issues straight from your favorite LexisNexis contributors. Plus, you'll earn CLEs. And, all...

Delaware Supreme Court Rules That Illegals May Collect Partial Disability

Yesterday the Delaware Supreme Court ruled that illegal aliens may collect benefits under 19 Del. Code Section 2325, known as “partial disability” or “diminished earning capacity.” The case in question belongs to my partner, Tim Lengkeek, on behalf of the injured worker, and is...

No Post-Retirement Period of Disability Found: Cal. Comp. Cases March Advanced Postings (3/3/2015)

Here’s the second batch of advanced postings for March 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Jessie Moore , Petitioner v. Workers'...

Defendant Penalized for Prematurely Taking Credit Against Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/11/2015)

Here’s the third 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 reserved. Warner Bros. Studios, Inc., PSI, Petitioner...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...