Workers' Compensation

Recent Posts

Mississippi: Evidence Supports Commission’s Decision to Deny Quadriplegic’s Settlement Agreement
Posted on 3 Aug 2021 by Thomas A. Robinson

Stressing the discretion allowed the Mississippi Workers’ Compensation Commission in granting—or denying—an injured worker’s petition to settle and close out the medical portion of his workers’ compensation claim, a state... Read More

Colorado: Hospital’s Act of Invoicing Injured Employee Results in Fine, But Not as a “Continuing” Offense
Posted on 3 Aug 2021 by Thomas A. Robinson

Where a hospital sent an injured worker eight separate invoices for charges related to his work-related injuries and, on two additional occasions, send invoices to a collection agency in an effort to collect monies owed for the worker’s treatment... Read More

Colorado: Comp Carrier’s Settlement With Third Party Tortfeasor Nixes Employee’s Attempt to Introduce Medical Bills in Tort Action
Posted on 25 Apr 2021 by Thomas A. Robinson

In a deeply divided decision, the Supreme Court of Colorado reversed, in pertinent part, a decision by a divided division of the state’s Court of Appeals and held that a workers’ compensation carrier’s settlement with a third-party tortfeasor... Read More

United States: Bankruptcy Debtor Fails in Attempt Avoid Paying Med Providers
Posted on 11 Apr 2021 by Thomas A. Robinson

A U.S. Bankruptcy Court, construing Wisconsin’s property exemptions law, Wisconsin Statute § 102.27, held that the sum of $400,000, which had been paid by the workers’ compensation carrier of the bankruptcy debtor’s employer into... Read More

Delaware: Toll Charges and Parking Fees Not Part of Claimant’s Medical Expenses
Posted on 8 Mar 2019 by Thomas A. Robinson

An injured worker is not entitled to reimbursement for travel-associated toll charges and parking fees in connection with his or her employer-provided medical care, held a Delaware appellate court. The worker had been reimbursed some $761.20 for mileage... Read More

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware
Posted on 31 Jul 2012 by Cassandra Roberts

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter... Read More

Mississippi: In Bad Faith Case, Evidence of Insurer’s Actions Prior to Exhaustion of Administrative Remedies Was Admissible
Posted on 15 May 2015 by Larson's Spotlight

A Mississippi appellate court held that the requirement that an employee exhaust his or her administrative remedies before filing a lawsuit for bad faith refusal to pay for disputed medical services and supplies merely ensured that the state’s Workers’... Read More

The Top 10 Bizarre Workers’ Compensation Cases for 2015
Posted on 3 Jan 2016 by Thomas A. Robinson

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation... Read More

West Virginia: Claimant Must Be Reimbursed for Meal Associated with Required Out-of-Town Medical Exam
Posted on 19 Apr 2018 by Thomas A. Robinson

Where a West Virginia claimant was ordered by his claims administrator to attend a medical examination that was to take place some 100 miles from his home and the claimant spent six hours traveling to, attending, and returning from a medical examination... Read More

Missouri: Claimant Entitled to Pre-judgment Interest Against Second Injury Fund
Posted on 24 May 2012 by Martin Klug

A claimant may recover pre-judgment interest against the second injury fund under "liberal" construction for unpaid bills of an uninsured employer, according the western court of appeals, reversing the Commission which found interest owed only... Read More

Experts Address Pre-loss Control Programs
Posted on 14 Oct 2011 by John Stahl

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored... Read More

Tackling the Elephant in the Room: Exclusive Remedy
Posted on 12 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin... Read More

Missouri: $20,000 in Medical Expenses Ordered Paid by Employer for Simple Muscle Strain Due to Lack of Interpreter
Posted on 20 Feb 2015 by Larson's Spotlight

An employer must pay almost $20,000 in medical expenses that resulted when a worker—a U.S. citizen—but whose native language is Spanish and who could not read or write English, could not communicate effectively with medical staff who in turn... Read More

North Carolina Court Approves Medical Claim for Non-FDA-Approved Compound Cream
Posted on 19 Apr 2018 by Thomas A. Robinson

A North Carolina appellate court recently held that non-FDA-approved drugs could not be categorically excluded from medical compensation under the state’s workers’ compensation system. The court noted that the text of the Workers' Compensation... Read More

CWCI Quantifies California Workers’ Comp Medical and Indemnity Payment Growth Rates
Posted on 26 Aug 2013 by California Workers' Compensation Institute

Average amounts paid for California workers’ compensation medical expenses and indemnity benefits have risen sharply since accident year (AY) 2005 – the first year after the 2004 reforms – but in a hopeful sign that medical inflation... Read More