Workers' Compensation

Recent Posts

Just Say No! DE IAB Decision Affirming UR Denial of a Spinal Cord Stimulator Based on Addiction
Posted on 14 Dec 2012 by Cassandra Roberts

"One drug is too many and a thousand not enough." (Anonymous) Luciana Gorum sent me today's decision because she thought I needed a good laugh. And while there is nothing funny about addiction, this case does prompt a chuckle over the... Read More

Prescription Drug Trends for 2013 Include Hard Pills to Swallow
Posted on 11 Apr 2014 by John Stahl

The recently released research from pharmacy benefit manager The Express Scripts Lab in the “2013 Workers’ Compensation Drug Trend Report” is equivalent to the State of the Union regarding prescription drug benefits for injured workers... Read More

California: Unreasonable Denial of Medical Treatment by Abruptly Withdrawing Authorization for Injured Worker’s Opioid Pain Medication
Posted on 18 May 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

Both utilization review physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814... Read More

California: DIR Director Christine Baker Provides Update on Progress of SB 863 Eighteen Months After Operative Date
Posted on 12 Sep 2014 by David Bryan Leonard

A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the... Read More

Utilization Rates as Primary Drivers of Workers’ Compensation Prescription Drug Costs
Posted on 5 Oct 2013 by John Stahl

NCCI Study Analyzes Medical Benefits Expenses Knowing that high prescription drug costs are a large component of the current challenges related to curbing workers’ compensation expenses is of limited value. Finding feasible methods to reduce... Read More

Applicant's Narcotic Dependency Resulted in Total Loss of Earning Capacity: Cal. Comp. Cases June Advanced Postings (6/12/2013)
Posted on 12 Jun 2013 by LexisNexis Communities Staff

Here’s the third batch of advanced postings for the June 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights... Read More

Alabama: Court Approves Award for Erectile Dysfunction Medication in Spite of Rule Limiting Such Awards
Posted on 11 Sep 2015 by Larson's Spotlight

An Alabama appellate court affirmed an award for a prescription medication in the form of a “time release” medication for erectile dysfunction that an employee contended was associated with his use of prescription narcotics to manage pain... Read More

California: Opioid Medications in the Treatment of Work-Related Injuries
Posted on 1 Oct 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

According to the Department of Industrial Relations Director Christine Baker, “ opioid misuse is a national concern ”. As a result of this “misuse”, the Division of Workers’ Compensation recently posted proposed “ Guidelines... Read More

Workers' Comp Fraud Blotter (9/22/2011) – Painter Who Defrauded September 11th Compensation Fund Must Pay $3 Million
Posted on 23 Sep 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Workers' Comp Fraud Blotter (12/8/2011) – Business Owner Not So Clean After Arrest For Insurance Fraud
Posted on 9 Dec 2011 by LexisNexis Workers' Comp Newsroom Fraud Team

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Workers' Comp Fraud Blotter (5/9/2013) – Fake Jobs Used To Trick Hospitals Into Giving Out Prescription Pain Pills
Posted on 9 May 2013 by LexisNexis Communities Staff

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and... Read More

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers
Posted on 28 Mar 2012 by Thomas A. Robinson

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has... Read More

Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule
Posted on 24 Aug 2012 by Larson's Spotlight

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's... Read More