Finding that a Florida circuit court had jurisdiction, pursuant to § 440,23(1), Fla. Stat., to award sanctions to an injured worker who contended the employer’s carrier who failed to provide orthopedic care following the entry of an order by... Read More
The North Carolina Industrial Commission has broad discretion in refusing to order sanctions for allegedly “stubborn, unfounded litigiousness,” reiterated a state appellate court. Accordingly, it was within the province of the Commission to... Read More
The Supreme Court of Kentucky held that a temporary staffing company could not be made to pay the 30 percent enhancement of workers’ compensation benefits due to the injured worker because of significant safety violations by the host (hiring) company... Read More
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
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
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
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
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 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
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
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
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
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
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
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