Agreeing that an injured employee had sufficiently shown that medical marijuana represented reasonable and necessary medical treatment under New Jersey’s Workers’ Compensation Act, the Supreme Court of New Jersey affirmed a decision by a lower appellate court that...
The Supreme Court of New Hampshire reversed—for a second time—a decision of the state’s Compensation Appeals Board that had found workers’ compensation carriers for New Hampshire employers could not be required to reimburse an injured worker...
The District of Columbia's Compensation Review Board ("CRB") committed error when it agreed with the District's Adjudication and Hearings Department ("AHD") that the latter did not have sufficient jurisdiction to determine which of two...
Citing Burgess v. Sewerage & Water Board of New Orleans , 16-2267 (La. 6/29/17), 225 So.3d 1020, a Louisiana appellate court held an third-party-administrator ("TPA") was not liable for $48,000 in unpaid pharmacy charges incurred for treatment of...
Massage therapy services are not the sort of services for which an employer must pay to an injured employee unless the services are (a) prescribed by health care professionals specified in Michigan's Workers' Compensation Act and (b) performed by a licensed...
Enactment by the Illinois Legislature of the 2005 amendments to the state’s Workers’ Compensation Act, specifically 820 ILCS 305/8, and the enactment of a new section 8.2 did not alter the important underlying policy in Illinois — that workers’ compensation benefits...
Minn. Stat. § 176.83, subd. 5(c), and accompanying rules, under which an employer or workers’ compensation carrier may not be forced to pay chiropractic benefits beyond a 12-week period, does not prevent the injured worker from seeking reimbursement from his or...
A Florida appellate court held a judge of compensation claims had no authority to order an employer to pay the claimant's authorized physician, since reimbursement was handled under § 440.13(7), Fla. Stat., and all reimbursement disputes fell under the exclusive...
In a decision that cast some light on the issue of medical marijuana use by workers’ compensation claimants in New Hampshire, but which did not answer all pertinent questions definitively, the state’s Supreme Court held that the Appeals Board erred when it refused...
A New York appellate court recently affirmed the Board's decision that claimant’s continued use of Amrix—a muscle relaxant—was medically necessary in spite of the employer/carrier’s argument that the Board's Non-Acute Pain Management...
In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the denial of continued use of OxyContin to an injured worker who sustained a back injury in August 1992, yet who complained of continuing back pain 23 years later, at the time of...
An employee, whose left hand was severely injured in an industrial accident, should not only receive a mechanical prosthetic device that allowed him to manipulate his thumb and index finger; he should also receive a “passive” prosthetic left hand "that looked...
A Pennsylvania appellate court held it was error for the state’s Workers' Compensation Appeal Board to find that a claimant’s massage therapy expenses were not reimbursable where they were provided by a massage therapist under the supervision of claimant's...
The Virginia Workers’ Compensation Commission did not commit error when it determined that the running blade prosthetic device requested by claimant was not medically necessary under Va. Code Ann. § 65.2-603. Claimant had suffered a work-related accident, which...
To the extent that Wyo. Stat. Ann. § 27-14-401(e) and its associated rate schedule set forth a mandatory maximum reimbursement rate for air-ambulance claims under the state’s Workers’ Compensation Act, the statute and schedule were preempted by the Airline Deregulation...