A North Carolina appellate court reversed a decision by the state's Industrial Commission that had dismissed with prejudice an employee's injury claim for her failure to comply with discovery orders. Finding that there had been no showing that the employer...
A Mississippi appellate court reversed a decision of the state’s Workers' Compensation Commission that had sanctioned a claimant’s attorney for issuing a subpoena duces tecum to the employer’s medical expert in which the attorney sought information as to how...
The California Constitution mandates that the workers’ compensation process, including those provisions applicable to discovery, shall be established so as to accomplish substantial justice in all cases expeditiously, inexpensively, and without encumbrance...
In Simmons v. Just Wingin’ It, Inc., 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order requiring an out-of-state claims adjuster who administered the applicant’s temporary disability benefits in connection with his 9/22/2014...
In Von Ritzhoff v. Ogden Entertainment Food Services , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB rescinded the WCJ’s order appointing the applicant’s attorney as the special master assigned to monitor the depositions in the applicant’s workers’...
I. How NOT to Request That the Record Be Developed In the Noteworthy Panel Decision (NPD) of Quintero v. PBC Holding Corporation dba Commercial Cleaning Systems , 2015 Cal. Wrk. Comp. P.D. LEXIS 610 [ 2015 Cal. Wrk. Comp. P.D. LEXIS 610 ], applicant, Ms. Quintero...
By John E. Kawczynski, Field & Kawczynski, LLC, South Amboy, New Jersey In his commentary “ About Time! New ALJ Regulations Finally Final , ” Tom Fitzhugh examined how the new “Rules of Practice and Procedure for Administrative Hearings...
By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the...
The dismissal of an employee’s claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers’ Compensation Commission pursuant to Va. Code Ann. § 65.2–201 and Va. Workers’ Comp...
Here’s the latest batch of advanced postings for the October 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...
By Joel Alpert and Richard Warsh [fn1] Michigan’s Workers’ Disability Compensation system was created to speed compensation to injured workers. The process and procedures in workers’ compensation proceedings are supposed to be as summary as...
A workers’ compensation claimant may not require a workers’ compensation insurer or counsel for the insured employer to respond to a discovery request that they disclose any gifts “of monetary value” to anyone working for the various Colorado offices administering...
Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved...
Here’s the third batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved...
Here’s the second batch of advanced postings for December 2014 issue of Cal. Comp. Cases. Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Landmark Medical...