Workers' Compensation

Recent Posts

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)
Posted on 21 Oct 2011 by California Compensation Cases Staff

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira... Read More

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action
Posted on 12 Nov 2012 by Larson's Spotlight

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has... Read More

South Carolina: Guaranty Association Ordered to Pay Penalties and Interests Where It Failed to Pay Claim in Timely Fashion
Posted on 17 Jan 2014 by Larson's Spotlight

The Supreme Court of South Carolina recently held in relevant part that with regard to the handling of claims related to insolvent workers’ compensation carriers, the "covered claim" limitation applies only in the context of claims deriving... Read More

PD Payable Retroactively 14 Days After Last Payment of 4850 Benefits: Cal. Comp. Cases November Advanced Postings (11/12/2014)
Posted on 12 Nov 2014 by California Compensation Cases Staff

Here are the third and fourth batches of advanced postings for the November 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... Read More

California: Slow Taper of Opioid Usage: UR Decisions Must Be Consistent With the MTUS
Posted on 15 Nov 2014 by Calif. WCAB Noteworthy Panel Decisions Reporter

In McCool v. Monterey Bay Medicar , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s award of medical treatment in the form of Oxycontin, Norco and Lyrica to the applicant who sustained an industrial low back injury on 9/17... Read More

Temp Nation: Standing Up for the Walking Dead
Posted on 23 Jan 2015 by Karen C. Yotis

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly... Read More

Vocational Expert Opinion Did Not Support 100 Percent Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/9/2016)
Posted on 9 Mar 2016 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the March 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: Commonly Missed Regulations and Rules
Posted on 13 Jan 2017 by Calif. WCAB Noteworthy Panel Decisions Reporter

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without... Read More

Utah: Court Sets Aside 15 Percent Penalty for Alleged Safety Violation
Posted on 1 Dec 2017 by Thomas A. Robinson

It was proper for the Utah Labor Commission to determine that an employer had not willfully or deliberately bypassed a safety devise in violation of Utah Code Ann. § 34A-2-301(1)(d)(2015), where a manager credibly testified that he had not overridden... Read More

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?
Posted on 11 Feb 2013 by Monica F. Markovich

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U... Read More

Got Treatment? How to Expedite Medical Treatment and Avoid Penalties in California
Posted on 3 Dec 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

Lexis.com subscribers can link to the cites below. The recent panel decision of Castrillo v. Catholic Health Care West, 2012 Cal. Wrk. Comp. P.D. LEXIS 454 , presents an interesting slant on a judge’s denial of the applicant’s request for... Read More

Workplace Wellness Programs: The ROI Wars
Posted on 13 May 2015 by Robin E. Kobayashi

Depending on which study you believe in, workplace wellness programs may or may not be a good return on investment for employers. On the one side you have studies showing that for every $1 invested in a workplace wellness program, there’s a $1.88... Read More

Nebraska: No “Waiting-Time Penalties and Fees” Where Employer Mailed Settlement Check to Wrong Address
Posted on 30 Mar 2018 by Thomas A. Robinson

The Compensation Court correctly denied an injured worker’s request for waiting-time penalties and attorney fees where the employer mailed the second of two installments to the wrong address, but where the first check—also mailed to the incorrect... Read More

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)
Posted on 18 Feb 2015 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights... Read More

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)
Posted on 28 May 2015 by California Compensation Cases Staff

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and... Read More