Workers' Compensation

Recent Posts

California: Seven-Year Delay in Filing Claim Excused Where Employer and Insurer Failed to Provide Injured Employee With Required Notices Regarding Rights to File
Posted on 19 Aug 2016 by Thomas A. Robinson

The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the that the employer’s claim for workers’ compensation... Read More

About Time! New ALJ Regulations Finally Final
Posted on 28 Dec 2015 by BRBS Longshore Reporter Staff

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon... Read More

Navigating Medical Provider Network Issues in California
Posted on 25 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there has... Read More

California: Seven-Year Delay in Filing Claim Excused Where Employer and Insurer Failed to Provide Injured Employee With Required Notices Regarding Rights to File
Posted on 19 Aug 2016 by Thomas A. Robinson

The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the employer’s claim for workers’ compensation benefits... Read More

Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them
Posted on 18 Mar 2016 by Larson's Spotlight

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had... Read More

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)
Posted on 17 Aug 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the August 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

California: Procedure for Striking a Panel Qualified Medical Evaluator
Posted on 26 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical-Legal Procedure; Assignment of QME Panel. WCAB granted removal and rescinded WCJ’s... 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

Federal: Illinois Employer May Not Require Notice Prior to Medical Treatment
Posted on 3 Oct 2014 by Larson's Spotlight

The Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification... Read More

California: Statute of Limitations in Workers’ Compensation
Posted on 14 Sep 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In the workers’ compensation world, there is a long held belief that the “tie goes to the injured worker.” This is especially true when it comes to the statutes of limitations. In fact, the 4th DCA in the case of Blanchard v. WCAB (1975... 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

Navigating Medical Provider Network Issues in California
Posted on 25 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there... Read More

Texas Appeals Panel Decision No. 100316 – 90 Day Finality
Posted on 20 Sep 2010 by Stuart D. Colburn

By Stuart D. Colburn, Shareholder, Downs Stanford The carrier mailed the first certification of MMI/IR to the claimant’s correct address on July 2, 2008. The original envelope placed into evidence, was stamped “unclaimed” with three... Read More

California: Procedure for Striking a Panel Qualified Medical Evaluator
Posted on 26 Jul 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Medical-Legal Procedure; Assignment of QME Panel. WCAB granted removal and rescinded... Read More