Workers' Compensation

Recent Posts

Louisiana: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
Posted on 26 Jul 2020 by Thomas A. Robinson

A Louisiana appellate court affirmed a WCJ's finding that an employer had not reasonably controverted a claim in spite of the employer's evidence that the injured worker had a preexisting co-morbid condition -- a congenital single kidney -- that... Read More

Florida: Grace Period to Avoid Attorney’s Fees is Not Extended by Weekends or Holidays
Posted on 10 Mar 2020 by Thomas A. Robinson

The 30-day “grace” period found in § 440.34(3)(b), Fla. Stat., which allows an employer/carrier to avoid the imposition of attorney fees if the the employer/carrier either accepts the claim or provides the requested benefits within 30... Read More

Illinois: No Penalties for Delay in Authorizing Medical Care
Posted on 10 Mar 2020 by Thomas A. Robinson

While the Illinois Workers’ Compensation Act provides, under some circumstances, for the imposition of penalties for the delay in paying medical expenses and other benefits, there is no statutory authority for imposing penalties for an alleged delay... Read More

New York: $500 Penalty Assessed Against Claimant’s Attorney Affirmed
Posted on 12 Oct 2019 by Thomas A. Robinson

The state’s Workers’ Compensation Board was within its discretion when it assessed a $500 fine against a New York claimant’s attorney under N.Y. Workers’ Comp. Law § 114-a(3)(ii), after the attorney sought review of a decision... Read More

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

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

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