Where an injured worker and his employer/carrier entered into settlement agreement, subsequently approved by a WCJ, calling for payment of $148,574.00 ($8,574.00 of which was to be placed in a Medicare Set-Aside Account) to the worker, and the worker subsequently...
The 6th Circuit Court of Appeals affirmed a decision of the Social Security Appeals Council that found a disabled postal worker was not without fault in failing to submit complete, accurate information to the Social Security Commission regarding awards of workers’...
In a case of first impression within the jurisdiction, a divided Maine Supreme Judicial Court held that the “coordination of benefits” provision in the state’s Workers’ Compensation Act, 39-A M.R.S. § 221(1) entitles an employer to a credit against ongoing incapacity...
Observing that it is well settled law that an administrative law judge (ALJ) hearing a Social Security claim for Disability Insurance Benefits (DIB) need not give controlling weight to a treating physician's opinions concerning a claimant's “disability...
At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation....
Where a worker was killed in a work-related accident on the second day after he assumed a new position in Colorado—he had previously worked for the employer in Mississippi—and his survivors were paid death benefits under the Mississippi Act for 148...
Reversing a decision by the state’s Court of Appeals, the Supreme Court of Kansas held that under the state’s Workers’ Compensation Act, an injured worker’s compensation must be reduced by any social security retirement benefits simultaneously...
In computing the social security offset required under Wash. Rev. Code § 51.32.220, the state’s Department of Labor and Industries need not adjust the claimant’s wages for inflation, held a state appellate court. The statute requires that a claimant’s...
Construing Georgia’s post-judgment garnishment statute, O.C.G.A. § 18–4–60 et seq., the Eleventh Circuit of Appeals held that a bank account holder whose accounts included monies he had obtained from a workers’ compensation settlement and those that he received...
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. An important, but overlooked element associated with the swelling group of...
Income benefits paid to workers through the workers’ compensation system replace a smaller fraction of lost income benefits than previously believed Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter...
NCCI has recently examined the demographics related to MSAs (distributions of amounts of MSAs and total settlements that include MSAs; distributions of ages of claimants) and the aspects of the CMS review process (length of time from submission to CMS approval;...
Kansas, like most other states, requires that an employee's workers’ compensation award be set-off by any retirement benefits he or she receives from a retirement benefits program, including benefits received under the federal Social Security Act, less...
I have come to realize that there are no easy solutions for the MSP problems we face in claims because the MSP is not the problem. Our MSP issues are collateral damage of more systemic societal problems we face as a nation. We clearly do not know how to treat chronic...
Here’s the second batch of advanced postings for the October 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved...