Workers' Compensation

Recent Posts

A Little “Unhandsome Dealing” in Delaware: Superior Court Reverses IAB Award Based on Discovery Issue
Posted on 6 Mar 2012 by Cassandra Roberts

First of all, here is a picture of my cat trying to drink out of a "to-go" cup. While this has nothing to do with anything relating to today's post, I am proud of Nutella Grace and rightfully so. She is one clever kitty .............. ... Read More

California: Vocational Rehabilitation Experts
Posted on 17 Apr 2012 by Colleen Casey

By Colleen S. Casey Copyright © 2012. All rights reserved. Reprinted with permission. The decision in Ogilvie v. WCAB (Ogilvie III) (2011) 76 CCC 624 created an increasing demand for the expertise of vocational rehabilitation (VR) experts. Parties... Read More

Purchase of Accounts Receivable Not a Trade Secret: Cal. Comp. Cases December Advanced Postings (11/25/2014)
Posted on 25 Nov 2014 by California Compensation Cases Staff

Here’s the second batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California: The Use of a Special Master in Complex Discovery Disputes
Posted on 4 Oct 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s... Read More

Mississippi: Commission Was Wrong to Sanction Claimant's Attorney for Subpoena Issued to Employer's Medical Expert
Posted on 26 Jan 2018 by Thomas A. Robinson

A Mississippi appellate court reversed a decision of the state’s Workers' Compensation Commission that had sanctioned a claimant’s attorney for issuing a subpoena duces tecum to the employer’s medical expert in which the attorney... Read More

Physician Self-Referral Statute Doesn’t Apply to Inpatient Surgical Procedures (12/12/2014)
Posted on 12 Dec 2014 by California Compensation Cases Staff

Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California: A “New” Discovery Tool Available to the Defense Bar?
Posted on 13 Oct 2017 by LexisNexis Workers' Comp Law Newsroom Staff

The California Constitution mandates that the workers’ compensation process, including those provisions applicable to discovery, shall be established so as to accomplish substantial justice in all cases expeditiously, inexpensively, and without... Read More

California: Discovery of Witness Statements
Posted on 28 Jan 2013 by Mark Kahn

By Mark L. Kahn (Associate Chief Judge, Retired) Arbitrator/Mediator/Attorney - Altman, Lunche & Blitstein A review of the most recent cases on the subject of discovery of witness statements leads to the conclusion that witness statements taken... Read More

Virginia: Dismissal of Employee’s Claim Without Prejudice Was Within Commission’s Discretion
Posted on 30 Oct 2015 by Larson's Spotlight

The dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’... Read More

CAAA 2013 Winter Convention Begins With a Focus on Medical Treatment Control, Expedited Hearings, and MPNs
Posted on 28 Jan 2013 by David Bryan Leonard

By David Bryan Leonard, Esq. The 2013 California Applicant’s Attorney’s Association (CAAA) winter convention commenced January 24, 2013, in San Diego, California. This has been the first large CAAA convention since the implementation of... Read More

Michigan: The 94% Solution
Posted on 17 Jul 2015 by LexisNexis Workers' Comp Law Newsroom Staff

By Joel Alpert and Richard Warsh [fn1] Michigan’s Workers’ Disability Compensation system was created to speed compensation to injured workers. The process and procedures in workers’ compensation proceedings are supposed to be as... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/11/2011) – New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks
Posted on 11 Nov 2011 by Larson's Spotlight

Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)
Posted on 29 Aug 2014 by California Compensation Cases Staff

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights... Read More

California: Discovery of Tax Records in Independent Contractor Versus Employee Cases
Posted on 14 Feb 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Salama v. Uber Technologies , 2015 Cal. Wrk. Comp. P.D. LEXIS 729 (lexis.com), 2015 Cal. Wrk. Comp. P.D.LEXIS 729 (Lexis Advance), the WCAB, denying removal, held that the applicant driver who suffered industrial injury to his head, jaw, arms, and... Read More

Settlement Not Binding When CMS Never Approved Medicare Set-Aside: Cal. Comp. Cases October Advanced Postings (9/24/2015)
Posted on 24 Sep 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the October 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