Workers' Compensation

Recent Posts

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers... Read More

California WCMSA Case: Did Clinical Need for Medical Treatment Occur Faster Than CMS Process for Approving Medicare Set-Aside?
Posted on 2 Mar 2012 by Jennifer Jordan

By Jennifer C. Jordan, Esq. In California, there is a unique trend compared to the rest of the nation in that the Medicare Set-Aside process is primarily defense driven with less than full disclosure to the Applicants. While not applicable to all employers... Read More

MO: Court Rejects Prevailing Factor Defense to Total Knee Replacement
Posted on 16 Jun 2011 by Martin Klug

The problem: Claimant has a knee injury at work but a menisectomy won't fix it because of arthritis. Does the employer owe for the more complicated surgery of a total knee replacement? The answer: Yes, according to a new case from the Western District... Read More

MO: Disability Claim Fails Without Allocation for Pre-Existing Arthritis
Posted on 7 Sep 2010 by Martin Klug

A new Missouri commission case affirms an award denying liability when the claimant’s expert fails to allocate what disability flows from a work accident and what impairment flows from pre-existing conditions. In Tillotson v St. Joseph Medical Center... Read More