Workers' Compensation

Recent Posts

North Carolina: Exclusive Remedy Rule Does Not Bar Civil Action Against Employer and Plant Nurse
Posted on 30 May 2019 by Thomas A. Robinson

Stressing that although closely related, the “arising out of” [the employment] and the “in the course of employment” concepts are separate and distinct elements of proving a workers' compensation claim, the Court of Appeals... Read More

Missouri: Employer Penalized for Lapses in Prescription Payments
Posted on 16 Mar 2012 by Martin Klug

The employer’s failure to provide medical treatment for several months did not waive its right to designate a medical provider, according to the Commission, which rejected an argument that 287.140 allowed prospective waiver to designate medical... Read More

The Case for Clear Guidelines for Nurse Case Managers
Posted on 10 Aug 2012 by BRBS Longshore Reporter Staff

By Steven M. Birnbaum, Law Offices of Steven Birnbaum, San Rafael, California The cost of medical care has risen throughout our society and calls for cost control are no louder than in workers' compensation cases and Longshore cases are included... Read More

North Carolina: Supreme Court Adopts “Parsons Presumption” Regarding Medical Care
Posted on 15 Jun 2017 by Thomas A. Robinson

Affirming the state’s Court of Appeals in relevant part, the Supreme Court of North Carolina adopted the “ Parsons presumption” [see Parsons v. Pantry, Inc. , 126 N.C. App. 540, 485 S.E.2d 867 (1997)]: Once the employee meets the initial... Read More

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More

7 Things Employers Should Do to Avoid a ProPublica Report
Posted on 9 May 2015 by Rebecca A. Shafer

I am reading the ProPublica Report with great interest because there are so many things I agree with. After reading all the press brouhaha over this report however, I still regard the high cost of workers compensation (for those companies which do have... Read More

New Mexico: Medical Marijuana Constituted Reasonable and Necessary Medical Care
Posted on 2 Jul 2015 by Larson's Spotlight

In its third decision on the issue of requiring an employer and/or insurer to reimburse the injured worker for the cost of medical marijuana provided to an injured worker under New Mexico’s “Compassionate Use Act,” a state appellate... Read More

Medical Expert Says U.S. Health Industry Often Guilty of “Overkill”
Posted on 21 May 2015 by Thomas A. Robinson

Significant percentage of medical care procedures is unnecessary Much has been written about the explosion of health care costs in the workers’ compensation system. Indeed, most experts agree that medical care expenses now represent more than... Read More

Pennsylvania: No Appeal of Utilization Review Determination Where Treating Provider Fails to Turn Over Records
Posted on 17 Jan 2018 by Thomas A. Robinson

A Pennsylvania appellate court held that where an employer files a request for utilization review of the medical treatment provided to claimant by a treating physician and that treating physician fails to provide the reviewing physician with the treating... Read More

Idaho: Additional Medical Care Allowed for Carpal Tunnel Syndrome Despite Five-Year Lapse in Medical Treatment
Posted on 14 Jul 2017 by Thomas A. Robinson

The Industrial Commission erred when it determined that a former employee was not entitled to additional medical care for her bilateral carpal tunnel syndrome (CTS) because, at least in part, she had not seen her treating physician in five years. The... Read More

Why Every Employer Needs a Post-Injury Response Procedure: How to Keep the Ship on Course
Posted on 16 Aug 2012 by Rebecca A. Shafer

At the 21st Annual National Workers’ Compensation and Disability Conference®, Rebecca Shafer, JD, president of Amaxx Risk Solutions, Inc., will speak on Legal Triage: Team-Based Early Case Management to Fast-Track Claims. An employer’s... Read More

Wyoming: Injured Worker Unable to Show Second Shoulder Surgery Was “Reasonable and Necessary” to Treat Original Condition
Posted on 16 Feb 2017 by Thomas A. Robinson

Affirming a decision of a state trial court, the Supreme Court of Wyoming agreed that an injured worker failed to show that a second round of shoulder surgery was “reasonable and necessary,” in spite of the fact that during the second procedure... Read More

Workers’ Compensation Payments For Medical Care Exceed Cash Benefits For The First Time
Posted on 10 Sep 2010 by workerscompensation.com

Washington, DC (CompNewsNetwork) - Workers’ compensation payments for medical care and cash benefits for U.S. workers injured on the job increased 4.4 percent to $57.6 billion in 2008, according to a study released today by the National Academy... Read More

TX: DWC Publishes Access to Medical Care in WC System, 1998-2008
Posted on 23 Jul 2010 by workerscompensation.com

Austin, TX (CompNewsNetwork) - The Texas Department of Insurance's Workers' Compensation Research & Evaluation Group produced a report, Access to Medical Care in the Texas Workers’ Compensation System,1998 - 2008 . The report includes... Read More

Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend
Posted on 8 Oct 2011 by Larson's Spotlight

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you... Read More