Workers' Compensation

Recent Posts

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

Defendant Can’t Unilaterally Terminate Home Health Care Services Without Evidence of Change in Applicant’s Condition or Circumstances: Cal. Comp. Cases August Advanced Postings (8/5/2015)
Posted on 5 Aug 2015 by California Compensation Cases Staff

Here are the first and second batches of advanced postings for the August 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis... Read More

California: Top 25 Noteworthy Panel Decisions (January-June 2016)
Posted on 29 Jun 2016 by Calif. WCAB Noteworthy Panel Decisions Reporter

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review... Read More

Work Loss Data Institute Warns of Fox Guarding the Hen House in State Treatment Guidelines
Posted on 24 Mar 2012 by John Stahl

By John Stahl, Esq. Phil LeFevre, who is a Senior Account Executive, with the Work Loss Data Institute (WLDI) spent much of a recent webinar entitled “Emerging Trends in Workers’ Comp Treatment Guidelines by State: Has the Fox Been Left... Read More

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware
Posted on 16 Dec 2015 by Cassandra Roberts

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think... Read More

California: A New Year With New Rules and New Responsibilities
Posted on 8 Feb 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

The Workers’ Compensation Appeals Board (WCAB) has rung in the New Year with new rules, new regulations and new responsibilities for all participants in the workers’ compensation community. It is important to be cognizant of all the changes... Read More

New Mexico: Court Approves Injured Worker’s Use of Medical Marijuana
Posted on 23 Jan 2015 by Larson's Spotlight

Where an injured worker who had sustained work-related back injuries unsuccessfully sought “conventional” treatment for pain and discomfort and subsequently turned to the use of medical marijuana, the employer and insurer could be required... Read More

Unresolved Lien Claims to Be Heard at Lien Trial Regardless of Whether Lien Was Listed on Declaration of Readiness: Cal. Comp. Cases June Advanced Postings (5/26/2016)
Posted on 26 May 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the June 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights... Read More