Workers' Compensation

Recent Posts

New York: Board Was Empowered to Promulgate Non-Acute Pain Medical Treatment Guidelines
Posted on 26 Jul 2020 by Thomas A. Robinson

A New York appellate court held that the state's Workers' Compensation Board was empowered with the authority to promulgate the state's Non-Acute Pain Medical Treatment Guidelines (“NAPMTG”), and utilizing the guidelines in the... Read More

Montana: Supreme Court Says State’s IME Process Does Not Violate Due Process
Posted on 25 Oct 2018 by Thomas A. Robinson

Mont. Code Ann. § 39-71-605, which permits workers’ compensation insurers to obtain multiple medical examinations of a claimant, does not permit the State Fund (which had insured the risk and was administering the claim in the instant case... Read More

California: Reviewers Under State's Utilization Review Procedure are Immune from Tort Liability; Exclusive Remedy is Workers’ Compensation
Posted on 24 Aug 2018 by Thomas A. Robinson

The exclusive remedy provisions contained in Cal. Labor Code § 3602 extend their shield against tort liability to utilization reviewers performing their services under the state’s workers’ compensation utilization review process. Accordingly... Read More

Pennsylvania: Compromise & Release May Not Be Used as Informal Utilization Review
Posted on 17 Aug 2018 by Thomas A. Robinson

A Pennsylvania appellate court held that a compromise and release (C&R) agreement may not be employed to avoid the procedures in the state’s Workers’ Compensation Act for challenging a provider's invoice or a fee review determination... Read More

Missouri: Court Dilutes Claimant’s Drug Cocktail
Posted on 15 Nov 2012 by Martin Klug

The Missouri court of appeals affirmed a decision to dilute a drug cocktail, but the decision came with a twist with a warning about attorney’s fees. In Noel v ABB Combustion Engineering , ED 98446 (Mo. App. 11-13-2012) the injured worker obtained... Read More

Hurts So Good: Delaware UR Appeal Reverses In Favor Of Peripheral Nerve Stimulator
Posted on 20 Mar 2012 by Cassandra Roberts

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update... Read More

California: Utilization Review and IMR in SB 863
Posted on 8 Sep 2012 by Richard M. Jacobsmeyer

Medical Treatment Changes Some of the most extensive changes to the Labor Code in SB 863 are intended to tighten up medical control in both Labor Code § 4600 as well as in the Medical Provider Networks. One of the principle methodologies for controlling... Read More

California SB 863 Reforms: Adjusters Should Adjust - The Blowback From UR and IMR
Posted on 7 Jan 2013 by Robert G. Rassp, Esq.

By Robert G. Rassp, Esq. So, 2013 is just around the corner and we are gearing up to learn the new law and regulations so that we can apply them in our cases. We have an interim period between now and July 1, 2013 when disputes over medical necessity... Read More

California: SB 863 Checklist and Reference Guide
Posted on 19 Oct 2012 by Robert G. Rassp, Esq.

SB 863 CHECKLIST & REFERENCE GUIDE By Robert G. Rassp, Esq. © Copyright 2012 LexisNexis. All rights reserved. This SB 863 Checklist & Reference Guide is excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’... Read More

Illinois Workers’ Comp Reform: An Interview With Mark Walls, Assistant VP - Claims, Safety National
Posted on 14 Feb 2012 by Karen C. Yotis

In this Emerging Issues Analysis article now available on the LexisNexis Bookstore for purchase, Karen C. Yotis, Esq. examines the 2011 legislative reforms to Illinois workers’ compensation from a claims-handling perspective, as explained to her... Read More

California: Utilization Review: Timelines for Expedited Review When Imminent and Serious Threat Exists
Posted on 16 Jan 2015 by Calif. WCAB Noteworthy Panel Decisions Reporter

In Rodriguez v. Air Eagle, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB has provided guidance on the expedited review of a request for authorization and on the burden of proof of a prescription for home health care services. UR Denial Timeline... Read More

California: Home Health Care in the Context of a Psychiatric Injury
Posted on 11 Oct 2013 by Calif. WCAB Noteworthy Panel Decisions Reporter

Attention Lexis Online Subscribers: Citations link to Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider... 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 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

Louisiana Workers’ Compensation: 2011 Year in Review
Posted on 25 Apr 2012 by Denis Paul Juge

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, Louisiana Workers’ Compensation , Second Edition (LexisNexis), 2011 updates have shipped to customers. While there were no major legislative... Read More