Finding that a Florida circuit court had jurisdiction, pursuant to § 440,23(1), Fla. Stat., to award sanctions to an injured worker who contended the employer’s carrier who failed to provide orthopedic care following the entry of an order by a JCC requiring...
The North Carolina Industrial Commission has broad discretion in refusing to order sanctions for allegedly “stubborn, unfounded litigiousness,” reiterated a state appellate court. Accordingly, it was within the province of the Commission to refuse to impose sanctions...
The Mississippi Workers' Compensation Commission should not have entered an order that required an employer/carrier to pay $4,000 in attorney's fees as a section for appealing an ALJ's order requiring the employer to pay for the replacement of a paraplegic...
By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered on New Jersey workers...
In McKinney v. Enterprise Rent-A-Car of San Francisco , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB reversed the WCJ’s finding that the defendant was liable for sanctions under Labor Code § 5813 for bad faith handling of requests for authorization ...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 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 Denied Judicial Review CONTENTS OF THIS ISSUE ©...
Practitioners have noticed a slew of WCAB Noteworthy Panel Decisions recently relating to the imposition of sanctions for “bad faith tactics” under Labor Code § 5813 [ LC 5813 ]. Everyone wants to avoid sanctions, so litigators should pay particular...
CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 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 Denied Judicial Review CONTENTS OF THIS ISSUE ©...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 2015 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 Denied Judicial Review CONTENTS OF THIS ISSUE ©...
CALIFORNIA COMPENSATION CASES Vol. 80 No. 9 September 2015 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 Denied Judicial Review CONTENTS OF THIS ISSUE ©...
How to avoid the shock of a notice of intent to sanction. A party usually files a Petition for Reconsideration with the hope that their argument will be accepted and that the trial level determination will be reversed by the Workers’ Compensation Appeals...
WCAB disallows lien for surgical hardware based on admitted fraudulent activities of Michael Drobot and adverse inferences drawn against lien claimant including failure to produce documents of its ownership interests, fictitious business name statement and licensure...
WCAB seeks to rein in the insanity of ever-changing hearing reps and to maintain respect of the judicial process, but does the new rule raise equal protection arguments? Recent noteworthy panel decisions indicate a trend whereby the WCAB is strictly enforcing...
Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance. The Division of Workers’ Compensation and the Workers’ Compensation Appeals Board have released the 2013 Revision of the DWC/WCAB Policy and...
An employer owes attorney’s fees as a sanction for an unreasonable defense when it sent claimant a letter denying medical treatment without any explanation and never bothered to contact claimant before denying the claim, according to a recent Commission decision...