Workers' Compensation

Recent Posts

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit
Posted on 3 Apr 2015 by Larson's Spotlight

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s... Read More

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker
Posted on 1 Apr 2016 by Larson's Spotlight

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds... Read More

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata
Posted on 26 Jul 2013 by Richard M. Jacobsmeyer

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification... Read More

West Virginia: Claimant Must Be Reimbursed for Meal Associated with Required Out-of-Town Medical Exam
Posted on 19 Apr 2018 by Thomas A. Robinson

Where a West Virginia claimant was ordered by his claims administrator to attend a medical examination that was to take place some 100 miles from his home and the claimant spent six hours traveling to, attending, and returning from a medical examination... Read More

Maine: “Volunteer” Driver is No Employee—Injury Claim Denied
Posted on 15 Dec 2017 by Thomas A. Robinson

In a case presenting an issue of first impression in Maine—whether a mileage reimbursement to a “volunteer” can constitute remuneration when it is significant enough to exceed the volunteer's immediate expenditures—and therefore... Read More

The Case of the Mega-Credit: A New Take on Fund Reimbursement in Delaware
Posted on 20 Oct 2015 by Cassandra Roberts

In my capacity as your (hopefully) favorite local legal pundit, I am always looking for the unexpected, the clever, the savvy and the edgy. And perhaps the following case represents something savvy defense counsel have been doing in their own practices... Read More

California: Self-Procured Medical Marijuana
Posted on 3 Apr 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

Are applicants entitled to reimbursement for self-procured medical marijuana both pre- and post-SB 863? In Cockrell v. Farmers Insurance , 2015 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel has once again rescinded the WCJ’s finding that the applicant... Read More

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)
Posted on 17 Dec 2015 by California Compensation Cases Staff

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

United States: North Dakota Need Not Subordinate its Workers’ Comp Death Benefits Statute to Colorado’s More Liberal Provisions
Posted on 11 Aug 2017 by Thomas A. Robinson

The 8th Circuit Court of Appeals held that the widow of a Colorado resident killed in a traffic accident while working in North Dakota could not successfully challenge—on constitutional grounds—a North Dakota statute that suspended her previously... Read More

New Hampshire: Home Health Services Provided by Worker’s Spouse Should Be Compensated
Posted on 25 Mar 2016 by Larson's Spotlight

Where a worker sustained serious injuries and, after a period of hospitalization, was discharged to his home and prescribed medication and follow-up care, which included home health services—physical and occupational therapy, a home health aide... Read More

New Mexico: Medical Marijuana Constituted Reasonable and Necessary Medical Care
Posted on 2 Jul 2015 by Larson's Spotlight

In its third decision on the issue of requiring an employer and/or insurer to reimburse the injured worker for the cost of medical marijuana provided to an injured worker under New Mexico’s “Compassionate Use Act,” a state appellate... Read More

NC: Commission Erred in Refusing Retroactive Attendant Care Services Reimbursement to Spouse
Posted on 15 Nov 2013 by Larson's Spotlight

In a divided decision, the Supreme Court of North Carolina recently held that the state’s Industrial Commission may not bar family members from receiving compensation for attendant care services provided to an injured employee before obtaining approval... Read More

No Evidence That Insurer Issued Written Notice of Reinstatement or Issued New Policy After Cancellation: Cal. Comp. Cases June Advanced Postings (6/18/2015)
Posted on 19 Jun 2015 by California Compensation Cases Staff

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

No Change in California Workers’ Comp Medical Mileage Rate For 2012 Travel
Posted on 14 Dec 2011 by California Workers' Compensation Institute

The mileage rate that workers’ comp claims administrators pay injured workers for travel related to medical treatment or evaluation of their injuries will remain at 55.5¢ per mile for travel on or after January 1, 2012, regardless of the date... Read More

Four Reasons to Avoid the CMS Approval Process for MSAs
Posted on 1 Feb 2012 by Teddy Snyder

By Teddy Snyder, Esq., Ringler Associates - Beverly Hills, CA 1. MMSEA reporting makes approval unnecessary for Medicare beneficiaries. Reporting under the Medicare, Medicaid and S-Chip Extension Act, aka “section 111 reporting”, started... Read More