Workers' Compensation

Recent Posts

Pennsylvania: 18 Months of Home Remedies Do Not Constitute Medical Treatment
Posted on 28 Jul 2021 by Thomas A. Robinson

Where an employer’s examining physician opined that the workers’ compensation claimant had fully recovered from her injuries—the physician based his opinion, in large part, on the fact that claimant had not sought medical treatment from... Read More

New York: Decision Must be Limited to Issue Actually Before WCLJ
Posted on 22 May 2021 by Thomas A. Robinson

A finding by New York’s Workers’ Compensation Board that surgery related to an injured employee’s back condition should not be approved was error, held a state appellate court, where the Board’s decision (affirming that of a WCLJ... Read More

Mississippi: Commission's Sanctions Order Against Employer for Appealing ALJ's Decision Was Inappropriate
Posted on 26 Dec 2020 by Thomas A. Robinson

The Mississippi Workers' Compensation Commission should not have entered an order that required an employer/carrier to pay $4,000 in attorney's fees as a section for appealing an ALJ's order requiring the employer to pay for the replacement... Read More

District of Columbia: Hearings Department Has Jurisdiction to Decide Which of Two Contractors Should Modify Residence of Quadriplegic
Posted on 9 Dec 2020 by Thomas A. Robinson

The District of Columbia's Compensation Review Board ("CRB") committed error when it agreed with the District's Adjudication and Hearings Department ("AHD") that the latter did not have sufficient jurisdiction to determine... Read More

Georgia: Res Judicata No Bar to Re-Thinking Medical Treatment
Posted on 21 Nov 2020 by Thomas A. Robinson

A Georgia appellate court held the doctrine of res judicata could not be utilized by the employer to block consideration of whether an injured employee should be potentially treated with a spinal cord stimulator in spite of an earlier ruling by an ALJ... Read More

Michigan: Massage Therapy Services Found Not Compensable
Posted on 18 Oct 2020 by Thomas A. Robinson

Massage therapy services are not the sort of services for which an employer must pay to an injured employee unless the services are (a) prescribed by health care professionals specified in Michigan's Workers' Compensation Act and (b) performed... Read More

Minnesota: Chiropractor's Delay in Intervening Results in No Payment for Medical Services Rendered
Posted on 27 Aug 2020 by Thomas A. Robinson

Where a Minnesota chiropractor received a notice indicating that he had the right to file an intervention request in a workers' compensation claim -- the chiropractor had provided some $9,000 in medical service to the claimant -- but who took no action... Read More

Tennessee: Employer’s Failure to Use On-Site Defibrillator Does Not Mean Injury Claim is Compensable
Posted on 8 Feb 2019 by Thomas A. Robinson

A worker’s injury, in the form of brain damage due to oxygen deprivation following a non-work-related medical emergency, did not arise out of the employment in spite of the employer’s failure to utilize an automated external defibrillator... Read More

New York: Out-of-State Medical Treatment Must Comply With State’s Medical Guidelines
Posted on 27 Nov 2018 by Thomas A. Robinson

Acknowledging that a New York claimant who moved from the Empire State to another—in this case, Nevada—was entitled to reasonable and adequate medical treatment in his or her new location, a New York appellate court held that such out-of-state... Read More

Wyoming: Cost of “Alternative” Spinal Surgery in Germany Need Not be Paid by Employer/Carrier
Posted on 24 Aug 2018 by Thomas A. Robinson

For workers’ compensation purposes, approval of a medical device or treatment by the U.S. Food and Drug Administration (FDA) is not required to establish that it was reasonable and necessary; but the Wyoming Workers’ Compensation Division... Read More

No Change in California Workers’ Comp Medical Mileage Rate For 2012 Travel
Posted on 14 Dec 2011 by California Workers' Compensation Institute

The mileage rate that workers’ comp claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will remain at 55.5¢ per mile for travel on or after January 1, 2012, regardless of the date... Read More

Larson’s Spotlight on Recent Cases: Worker’s Alcohol Consumption and Nap Defeat Claim for Fall Into Elevator Shaft
Posted on 3 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Course of Employment, Jurisdiction, Heart Attack, and Refusal of Medical Treatment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More

Larson’s Spotlight on Recent Cases: Employer Not Responsible for Unrelated Coronary Bypass Surgery
Posted on 18 Feb 2012 by Larson's Spotlight

Larson's Spotlight on Medical Treatment for Unrelated Condition, Going and Coming, Statute of Limitations for Misdiagnosed Condition, and Exclusive Remedy Rule. Larson's surveys the latest case developments that you need to know about. Thomas... Read More

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers... Read More

California: Court of Appeals Publishes Valdez Reversal Opinion
Posted on 21 Jun 2012 by Richard M. Jacobsmeyer

The Second District Court of Appeal has ordered publication of its decision in Valdez v W.C.A.B . which reversed the W.C.A.B. en banc ruling that medical reports obtained by applicants pursuant to Labor Code § 4605 were not admissible. Thus, the... Read More