Workers' Compensation

Recent Posts

The Texas Supreme Court Grants Rehearing in Ruttiger
Posted on 23 Feb 2012 by LexisNexis Workers' Comp Law Newsroom Staff

By Nicholas Canaday, III, Shareholder, Downs Stanford, P.C. Re: Texas Mutual Insurance Co. v. Ruttiger , 265 S.W.3d 651 (Tex.App.-Houston [1 st Dist.] Jul 31, 2008) (NO. 01-06-00897-CV), review granted (Mar 12, 2010); Judgment Reversed, in part; Rehearing... Read More

California: Physical Injury That Is a Result of Work Related Stress
Posted on 29 Sep 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related... Read More

California: Top 25 Noteworthy Panel Decisions (July–December 2015)
Posted on 3 Jan 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and... Read More

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

California: WCAB Panel Finds Defense Counsel’s Failure to Provide RFA to Claims Administrator Was Unreasonable
Posted on 8 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

Sometimes common sense trumps strict application of UR rules In Czech v. Bank of America , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel affirmed the WCJ’s finding that the defendant failed to timely complete utilization review (UR) pursuant... Read More

New York: Court Affirms Board’s Finding that Claimant’s Stress Was Greater than That of Other Workers
Posted on 5 Feb 2016 by Larson's Spotlight

A New York court affirmed an award to a charity’s caseworker that contended she sustained a mental injury based upon stress on her job. The court acknowledged that N.Y. Work. Comp. Law § 2(7) precluded claims for mental injuries based upon... Read More

California: Zombie Liens and Statute of Limitations
Posted on 20 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing balance... Read More

Texas Appeals Panel Decision Nos. 100267 and 100296 - Old Rule SIBS
Posted on 22 Sep 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford Appeals Panel Decision No. 100267 - Old Rule SIBS For the qualifying period at issue, the treating doctor drafted a report indicating the Claimant “unequivocally” has no ability to... Read More

Keep 'em Comin'-- Fines in Delaware Now on a Roll........
Posted on 13 Jan 2011 by Cassandra Roberts

Today we welcome guest blogger Mike Galbraith who highlights a recent decision from the Board on the subject of...none other....UR and Fines. Mike is a claimant attorney with the law firm of Nitsche, Weik and Dougherty and something of an expert on the... Read More

The Texas Supreme Court Grants Rehearing in Ruttiger
Posted on 23 Feb 2012 by LexisNexis Workers' Comp Law Newsroom Staff

By Nicholas Canaday, III, Shareholder, Downs Stanford, P.C. Re: Texas Mutual Insurance Co. v. Ruttiger , 265 S.W.3d 651 (Tex.App.-Houston [1 st Dist.] Jul 31, 2008) (NO. 01-06-00897-CV), review granted (Mar 12, 2010); Judgment Reversed, in part;... Read More

California: The Reasonable Accommodation Process Done Right
Posted on 21 Jan 2011 by Goldman, Magdalin & Krikes, LLP

In the recent (unpublished) decision by the California Court of Appeal, Moore v. California Surety , 2011 Cal. App. Unpub. LEXIS 117 (Cal. App. 4th Dist. Jan. 7, 2011) , the Court held that the employer’s handling of the interactive process and... Read More

California: Zombie Liens and Statute of Limitations
Posted on 20 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing... Read More

I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware?
Posted on 9 Feb 2011 by Cassandra Roberts

As Sarah Palin might say, "You betcha!" Okay so I gave away that I am a Republican. But in reply to my last post of February 4, 2011 (fondly known as "the birthday post"), I have the privilege of being joined by a guest blogger today... Read More