LexisNexis® Legal Newsroom
Thomas A. Robinson
New York: Claimant Fails to Establish Causal Connection Between Prostate Cancer and Firefighting Duties

Reiterating that the burden is upon the claimant to establish—by competent medical evidence—a causal connection between the employment and the claimed disability, a New York appellate court affirmed a determination by the full Board (in a...

Thomas A. Robinson
California: Subsequent Injuries Benefit Trust Fund’s Obligation Begins When Claimant Stops Receiving TD Payments

The appellate court held that pursuant to Lab. Code § 4751, Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commence at the time the employer’s obligation to pay permanent disability benefits begins. Accordingly, the WCAB correctly...

Thomas A. Robinson
Mississippi: Claimant’s Failure to Submit to Breathalyzer Does Not Necessarily Defeat Claim

In a split decision, a Mississippi appellate court held that an injured worker should not have been disqualified from receiving workers’ compensation benefits because he failed to submit to a post-accident breathalyzer test. The Court found that...

Thomas A. Robinson
Florida: Physicians Need Not “Interrogate” Claimants Regarding Allegedly False Statements

Florida’s workers’ compensation fraud statute, § 440.105(4), Fla. Stat., does not require a physician to “interrogate” the claimant regarding what may have been false or misleading statements provided by the claimant to the...

Brad Wixen
RAND Issues Report on Proposed California Workers’ Compensation Drug Formulary

How might the proposed drug formulary impact California? Assembly Bill (hereafter “AB”) 1124 required the California Division of Workers’ Compensation (DWC) in California to implement a drug formulary no later than July 1, 2017. The...

California Workers' Compensation Institute
CWCI Study Analyzes the Impact of California’s Proposed Formulary and Drug List

Oakland - More than 30 percent of the prescription drugs currently dispensed to injured workers in California will be classified as “Exempt Drugs” and will no longer require authorization prior to dispensing under conditions outlined in the...