LexisNexis has selected some recently issued noteworthy IMR decisions that illustrate the criteria that must be met to obtain authorization for a variety of different medical treatment modalities. LexisNexis...
By Christopher Mahon, LexisNexis Legal Insights Contributing Author A September 2024 study from the Workers Compensation Research Institute indicates that workers represented by an attorney in workers’...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board “Substantial Medical Evidence” is a ubiquitous catch-all phrase. When does it exist? When...
CALIFORNIA COMPENSATION CASES Vol. 90, No. 1 January 2025 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...
By Hon. Colleen Casey, Former Commissioner, California Workers’ Compensation Appeals Board Cases of “first impression” seldom wander into our workers’ compensation world. When...
Ky. Rev. Stat. Ann. 342.165(1), which provides for a 30 percent increase in workers’ compensation benefits where the workplace accident is caused in any degree by the intentional failure of the employer to comply with certain specific safety regulations, is not a penalty against the employer, but rather an award of benefits to the injured worker, held a state appellate court. Accordingly, the Kentucky Coal Employers Self-Insurance Fund was responsible for paying the full, enhanced amount of benefits to the surviving spouse and children of a minor killed in an accident that the Mine Safety and Review Commission determined to have been caused in part by the insolvent employer’s intentional violation of safety regulations.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis
See McCoy Elkhorn Coal Co. v. Sargent, 2017 Ky. App. LEXIS 619 (Oct. 13, 2017)
See generally Larson’s Workers’ Compensation Law, § 102.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law