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 Mississippi Workers' Compensation Commission should not have entered an order that required an employer/carrier to pay $4,000 in attorney's fees as a section for appealing an ALJ's order requiring the employer to pay for the replacement... Read More

CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More

How to avoid the shock of a notice of intent to sanction. A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the Workers’ Compensation... Read More

A serious question needs to be asked about whether requiring the use of one Qualified Medical Evaluator (QME) in a workers’ compensation case, as opposed to the use of “battling QME’s”, has reduced litigation or has actually served... Read More

Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Dismissal of Lien for Failure to Appear. WCAB affirmed WCJ’s order dismissing lien claimant’s lien for failure to appear... Read More

Here’s the next batch of advanced postings for the July 2012 issue of California Compensation Cases. Lexis.com subscribers can access the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. Alberto Stambuk... Read More

By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered... Read More

Lexis.com subscribers can link to the cases and rules cited below. A petition for reconsideration is an extremely valuable tool for ensuring that a workers’ compensation administrative law judge (WCJ) has made the correct determination during... Read More

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB... Read More

CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS... Read More

Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should... Read More

Lexis.com subscribers can link to the cases, statutes, and rule cited below. Commonly, when appealing an adverse determination of a Workers’ Compensation Administrative Law Judge (WCJ), a practitioner will file a petition for reconsideration... Read More