Workers' Compensation

Recent Posts

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physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814...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

An Alarming Mortality and Morbidity Trend Among Middle-Aged White Non-Hispanic Americans Suggests Implications for Ability to Work
Posted on 3 Dec 2015 by Thomas A. Robinson

Despite strides in medical care, mortality/morbidity is rising among this important demographic due to drugs, alcohol, suicide, liver disease and cirrhosis According to a study recently released by two Princeton University economists, the broadly observed... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)
Posted on 16 Jul 2014 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved... Read More

Medical Marijuana Use as An Alternative to Opioid Use for Relief of Chronic Pain
Posted on 22 Aug 2016 by Roger Rabb

A Michigan Survey Suggests That Medical Marijuana Patients Are Decreasing Opioid Use to Treat Chronic Pain Two topics that have received a great deal of attention in recent years regarding the medical treatment of chronic pain have been the use and... Read More

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement
Posted on 6 Mar 2015 by Larson's Spotlight

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact... Read More

Edward Cremata, D.C. on Manipulation Under Anesthesia: A Safe, Effective, and Cost-Effective Procedure for Suitable Candidates
Posted on 16 Jun 2010 by LexisNexis Occupational Injuries & Illnesses S

“Manipulation Under Anesthesia (MUA) is a generic term that describes a procedure or set of procedures designed to improve lost ranges of motion due to infiltration of fibrotic and scar tissue. Fibrosis deposition is part of the normal healing process... Read More

Stephen Levit, M.D. on Spinal Manipulation Under Anesthesia: Is the Whole Greater Than the Sum of its Parts?
Posted on 16 Jun 2010 by LexisNexis Occupational Injuries & Illnesses S

“Spinal manipulation under anesthesia is a controversial procedure for allegedly treating spine pain using osteopathic or chiropractic manipulation techniques while the patient is under general anesthesia or conscious sedation,” explains Stephen... Read More

CWCI Summarizes 2011 California Workers’ Comp Enacted Legislation
Posted on 18 Oct 2011 by California Workers' Compensation Institute

The California Workers’ Compensation Institute (CWCI) has completed a review of 2011 legislation signed by Governor Brown and flagged 20 workers’ compensation related bills that were enacted this year. They include: AB 55, Gatto: Extension... Read More

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability
Posted on 19 Jan 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed... Read More

Nevada: Physicians May Consider Spinal Injury's Impact on Daily Living Activities in Rating Permanent Disability
Posted on 8 Mar 2010 by Larson's Spotlight

The Supreme Court of Nevada (en banc) recently reversed a decision of a district court judge that had granted declaratory and injunctive relief sought by the state's Self-Insurers Association. The district judge had determined that a Division of Industrial... Read More

Five Recent Workers’ Comp Cases You Should Know About (11/11/2011) – New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks
Posted on 11 Nov 2011 by Larson's Spotlight

Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More

MO: Commission Thwarts Statutory Reform For 'Objective' Findings
Posted on 22 Nov 2011 by Martin Klug

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... Read More

Missouri: Claimant's Pain Complaints Support PTD Award
Posted on 6 Jun 2012 by Martin Klug

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against... Read More