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
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
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
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
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
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
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
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
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
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
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
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
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
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