LexisNexis® Legal Newsroom
Diabetes Epidemic in America as Cost Driver in the Workers’ Comp System

Stuart D. Colburn, a Shareholder of Downs Stanford in Austin, Texas, analyzes the impact of the diabetes epidemic in America, one of the primary cost drivers in the workers’ compensation system. To view his slide presentation on this topic, click here .

OR: WC Premium Rate Will Decrease Again In 2011

Salem, OR (CompNewsNetwork) - The workers’ compensation “pure” premium rate will decrease 1.8 percent in 2011, the Department of Consumer and Business Services (DCBS) announced today. This rate has not increased since 1990 and has decreased nearly 13 percent since 2006. Oregon employers...

Emerging Trend at California WCAB: Sanctions & Costs

Recently, the WCAB imposed sanctions (sometimes on its own motion) and awarded costs for actions and tactics noted in Labor Code §5813 and described in more detail under Rule 10561 (which I invite you to review). Labor Code §5813 says: “(a) The workers’ compensation referee or...

Five Recent Cases You Should Know About (3/25/2011)

Larson's Spotlight on Preferred Provider Organization, Exclusive Remedy, Physician Testimony, Temporary Partial Disability, and Jurisdiction. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

California: What Actions, If Any, Should Be Taken When We Are Still Getting Medical Reports From Out-Of-Network Physicians?

LIVING IN A POST VALDEZ WORLD HOW DO WE DETERMINE WHETHER WE HAVE A DEFENSE? Please recall the WCAB En Banc decision in Valdez v. Warehouse Demo Services/Zurich [ADJ7048296] where on 4/20/11, the WCAB Commissioners, with two partially dissenting opinions, held that where unauthorized medical treatment...

California EAMS: Compliance With QME Regulations

New Qualified Medical Examiner (QME) regulations were issued on Feb. 17, 2009. These regulations provide helpful guidance for both attorneys and doctors on how to obtain the highest quality evaluations for injured workers. Compliance with these regulations will ensure that once the case goes to trial...

REPORT FINDS BIOMETRIC ID CARD COULD COST TAXPAYERS AT LEAST $40 BILLION

"A new report, released by the Chief Justice Earl Warren Institute on Law & Social Policy at UC Berkeley School of Law, is a first-ever in-depth analysis of the costs of establishing a biometric employment identity card. Hard to BELIEVE: The High Cost of a Biometric Identity Card finds...

MLB Standings, the Luxury Tax and FCPA Investigation Costs

The baseball season is nearly 40% complete and there are already several surprises. At least in the National League (NL) two of the biggest surprises are that the Washington Nationals are leading the NL East while the five time division champions Philadelphia Phillies are trailing the field in last place...

Associated Press Scoop: DHS 'Preliminary Documents' Reveal Deferred Action Costs

"The Obama administration's new plan to grant temporary work permits to many young, [unauthorized] immigrants who otherwise could be deported may cost more than $585 million and require hiring hundreds of new federal employees to process more than 1 million anticipated requests, according to...

High Court: Debt Collection Act Does Not Prohibit Award of Costs Under Rule

WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled today...

High Court: Debt Collection Act Does Not Prohibit Award of Costs Under Rule

WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled today...

Supreme Court Says Fair Debt Collection Practices Act Does Not Prohibit Award Of Costs Under FRCP 54(d)(1)

WASHINGTON, D.C. - (Mealey's) Section 1692k(a)(3) of the Fair Debt Collection Practices Act (FDCPA) "is not contrary to, and, thus, does not displace a district court's discretion to award costs under" Federal Rule of Civil Procedure 54(d)(1), a divided U.S. Supreme Court ruled Feb...

Gavel and Money

gavel money attorney fees court costs award justice opinion case lawsuit litigation

Push for Cheaper Alternatives to Immigrant Detention Grows

"With immigrant detention levels at their highest point in history — last year, the government spent roughly $2 billion to detain more than 400,000 people — there is a growing push for cheaper alternatives." - Kate Linthicum, L.A. Times, May 31, 2014 .

Stick to Your Guns on Price and Pricing with Construction Contracts

In recent posts here at Construction Law Musings , I have discussed the need for clarity of contract , trusting your gut , and assuring that your contract has the necessities . All of these bits of advice (along with my usual advice of working with an experienced construction attorney ) are true with...

Recent Developments in California Bad Faith Law and Related Trends

By Tyler Gerking On July 29, 2014, I spoke on a panel about recent developments in California bad faith law and related trends. My co-presenter was Robert K. Scott of The Law Offices of Robert K. Scott, and we gave the presentation at ACI’s 28th National Advanced Forum on Bad Faith Claims &...

Ten Most Significant Insurance Coverage Decisions Of 2014 – Supreme Court Awards the Entire Kitchen For Insurer’s Breach Of the Duty To Defend

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right to assert otherwise applicable defenses to indemnity...

California Appellate Court Upholds Replacement Cost Condition but Authorizes "Conditional Judgment" for Replacement Cost Benefits

By Samuel H. Ruby , Andrew B. Downs Recently, a California Court of Appeal upheld the standard condition that a policyholder must actually repair or replace in order to claim replacement cost value. However, the court held a policyholder could recover a "conditional judgment" for replacement...

New York Court Says N-O To Reimbursement Of Defense Costs: Most Extensive N.Y. Case To Address The Issue

I’ve been saying for years that reimbursement of defense costs can be an overrated issue. It is the CATS of coverage issues. First, many states – especially lately -- have rejected an insurer’s right to seek reimbursement of defense costs. Second, even in a state where the right exists...

Insurer Failure to Pay Defense Costs Excused by Insured Failure to Prove-Up Fees

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP In Country Mut. Ins. Co. v. Hilltop View, LLC , 2014 IL App (4th) 140007, the appellate court, [ enhanced version available to lexis.com subscribers ], reversed the trial court’s order of contempt against the insurer, arising from...

Workplace Wellness and On-site Chiropractic Services: Is There a Chiropractor in the House?

By Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations Musculoskeletal disorders (MSDs), including most commonly sprains and strains, accounted for a whopping 33 percent of all workplace injury and illness cases as well as one-third of all the days-away-from-work cases in 2013...

West Virginia Supreme Court Announces Major Change to West Virginia Construction Law – Owners May Now Recover Damages In Excess of Costs to Repair

By Marc J. Felezzola , Associate, Babst, Calland, Clements and Zomnir, P.C. The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for property damage. Prior to the Brooks decision, the...

Under California Law, Absent Extraordinary Circumstances, Insurers Have No Obligation to Pay for Pre-Tender Fees and Costs under Duty to Defend or Reimbursement Policies

Disputes between policyholders and insurance carriers often arise in the context of an insured’s payments made before providing notice of a claim to its carrier. However, California courts routinely hold that, absent special circumstances discussed in more detail below, when the policy at issue...

Workers’ Compensation Benefits for Injured Workers Continue to Decline While Employer Costs Rise

Study Finds Benefits as a Share of Payroll Approach Lowest in Three Decades WASHINGTON, D.C – Workers’ compensation benefits as a share of payroll for injured workers continue to decline even as employment grows and overall employer costs increase, according to a new report from the National...

California Workers' Comp Case Roundup (10/28/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 10 October 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 © Copyright 2015 LexisNexis. All rights...