Workers' Compensation

Recent Posts

Tennessee: Court Stresses Clear and Convincing Evidence Required to Rebut MIR Physician’s Impairment Rating
Posted on 27 Apr 2017 by Thomas A. Robinson

Under Tennessee’s medical impairment registry (“MIR”) program, where there is a disagreement among examining physicians as to the worker’s level of impairment, either party may seek an additional evaluation by an independent medical... Read More

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness
Posted on 24 Apr 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently... Read More

Vermont Workers’ Compensation Update: January to March 2015
Posted on 1 Apr 2015 by Keith J. Kasper

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist... Read More

Colorado: "Disability" Need Not Always Involve Medical Incapacity
Posted on 16 Feb 2018 by Thomas A. Robinson

While the concept of “disability” within the worker’s compensation setting ordinarily requires a demonstration of both medical incapacity and loss of wage earnings, a claimant is not always required to prove both components to establish... Read More

Pennsylvania: IRE Physicians Not Limited to Impairment Issues Identified in NCP
Posted on 27 Jan 2017 by Thomas A. Robinson

In a 5–2 decision, the Supreme Court of Pennsylvania, reversing an earlier decision by the Commonwealth Court, held that a physician performing an Impairment Rating Evaluation (IRE) under § 306(a.2)(1) of the state’s Workers’ Compensation... Read More

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR... Read More

The Drug Law Evolution and The Workplace
Posted on 14 Aug 2014 by Roger Rabb

The proverbial sky could fall soon for drug testing and drug policies Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal... Read More

Workers’ Compensation in a Medically Overtreated Society
Posted on 12 Nov 2011 by Robin E. Kobayashi

Workers’ compensation is no stranger to controversy. In 2009 the well-respected physician Nortin M. Hadler, MD, attacked workers’ compensation as an “evil, wrong-minded, illness-inducing maze that masquerades as social insurance”... Read More

Less is More—A Study in Comparative Permanency Ratings in Delaware
Posted on 8 Jun 2012 by Cassandra Roberts

First and foremost, please enjoy (above) the view of our new offices. A whole lotta white marble going on, and it's a look I can get used to. In fact, I am kind of coveting the white marble conference room tables as something that would really have... Read More

Guzman III: "Sifting The Wheat From The Chaff"
Posted on 2 Sep 2010 by Raymond F. Correio

By Raymond F. Correio, Senior Associate, Pearlman, Borska & Wax In the wake of the 6th District Court of Appeals Decision in Guzman III issued on August 19, 2010, there has been a veritable "tsunami" of articles and commentary analyzing... Read More

A Lesson in Pugilism: The Battle of the AMA Guides in DE
Posted on 24 Aug 2011 by Cassandra Roberts

This week's post is courtesy of Kris Starr who emailed me to say: "Rodgers v. G. Dean MacEwen. I sort of won...." And for those of you who think that any sparring which occurs at the IAB over the AMA Guide 5th versus 6th is just going to... Read More

Less is More—A Study in Comparative Permanency Ratings in Delaware
Posted on 8 Jun 2012 by Cassandra Roberts

First and foremost, please enjoy (above) the view of our new offices. A whole lotta white marble going on, and it's a look I can get used to. In fact, I am kind of coveting the white marble conference room tables as something that would really have... Read More

Nevada: Terrible New Decision for Injured Workers on PPD Ratings
Posted on 4 Dec 2011 by Virginia Hunt

Just before Thanksgiving, the Nevada Supreme Court published a turkey of a decision that robs injured workers of disability award money. In Public Agency Compensation Trust v. Blake, 127 Nev. Adv. Op. 77 (2011), the court invalidated a long-standing DIR... Read More

Workers’ Compensation in a Medically Overtreated Society
Posted on 12 Nov 2011 by Robin E. Kobayashi

Workers’ compensation is no stranger to controversy. In 2009 the well-respected physician Nortin M. Hadler, MD, attacked workers’ compensation as an “evil, wrong-minded, illness-inducing maze that masquerades as social insurance”... Read More