LexisNexis® Legal Newsroom
Daniel M. Kowalski
EB-1 AAO Victory - Matter of A-A- LLC, ID# 17487, July 8, 2016

Camiel Becker writes: "Attached is a redacted copy of new AAO decision issued on July 8, 2016 . The brief on appeal was primarily written by our associate Emily Wilson, although I was attorney of record and also worked on the appeal. Emily's...

Larson's Spotlight
Maine: Wrongful Death Action Barred by Exclusive Remedy Provisions of State Comp Act

The Supreme Judicial Court of Maine held that an estate’s wrongful death action against the deceased employee’s employer was barred by the exclusive remedy provisions of the Maine Workers’ Compensation Act where the undisputed evidence...

Larson's Spotlight
Maryland: PTD Benefits Survive Death Due to Unrelated Causes Only to Extent of Statutory Cap

The Court of Appeals of Maryland held that when the state’s Commission finds a claimant permanently totally disabled, Md. Code Ann. Lab. & Empl. § 9–640 governs the survival of benefits whether the claimant’s PTD is due solely...

Larson's Spotlight
Vermont: Employer Allowed Credit for Post-Injury “Wages” Paid under Collective Bargaining Agreement

In a divided decision, the Supreme Court of Vermont held that an employer should have been allowed a credit against future workers’ compensation benefits owed to an injured worker where the worker’s claim was initially denied and the employer...

Larson's Spotlight
Illinois: Claimant Need Not Submit AMA Rating Report in Order to Qualify for PD

The Appellate Court of Illinois, Workers’ Compensation Commission Division, held that section 8.1b of the Illinois Workers’ Compensation Act [820 Ill. Comp. Stat. 305/8.1b (2012)], does not require an injured worker to submit an “AMA...

Thomas A. Robinson
Does the Affordable Care Act Push Medical Expenses Toward Workers' Comp Insurers?

Recent JAMA Study Indirectly Supports Earlier WCRI Findings Since President Obama signed the Affordable Care Act (ACA) into law on March 23, 2010, there has been a debate within the workers’ compensation (WC) world as to whether one of the ACA’s...