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...
In a divided decision, the Supreme Court of North Carolina held an employer and its carrier could not be reimbursement for the outlay of workers' compensation benefits paid to an insured worker where South Carolina motor vehicle law prohibited such reimbursement...
Where a West Virginia claimant was ordered by his claims administrator to attend a medical examination that was to take place some 100 miles from his home and the claimant spent six hours traveling to, attending, and returning from a medical examination, the employer...
In a case presenting an issue of first impression in Maine—whether a mileage reimbursement to a “volunteer” can constitute remuneration when it is significant enough to exceed the volunteer's immediate expenditures—and therefore establish that the driver is...
The 8th Circuit Court of Appeals held that the widow of a Colorado resident killed in a traffic accident while working in North Dakota could not successfully challenge—on constitutional grounds—a North Dakota statute that suspended her previously awarded death...
Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a...
Where a worker sustained serious injuries and, after a period of hospitalization, was discharged to his home and prescribed medication and follow-up care, which included home health services—physical and occupational therapy, a home health aide, and nursing services...
In its third decision on the issue of requiring an employer and/or insurer to reimburse the injured worker for the cost of medical marijuana provided to an injured worker under New Mexico’s “Compassionate Use Act,” a state appellate court again found the order...
Here’s the fourth batch of advanced postings for June 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. 2K...
Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s) right to...
In a divided decision, the Supreme Court of North Carolina recently held that the state’s Industrial Commission may not bar family members from receiving compensation for attendant care services provided to an injured employee before obtaining approval for those...
New Jersey, like many states, has had an ongoing problem with physicians and hospitals that balance bill injured workers for work-related care. This problem has become more acute in the age of managed care reductions where medical providers dispute the amount they...
By Stuart D. Colburn, Esq., Shareholder, Downs Stanford The Division of Workers’ Compensation (DWC) is holding stakeholder meetings regarding Performance Based Oversight (PBO). The Division is seeking stakeholder input to add additional measures. Currently...