LexisNexis® Legal Newsroom
Thomas A. Robinson
Kansas: Providing Inadequate Urine Sample is Not Refusal to Take a Drug Test

The term “refusal,” as it is used in Kan. Stat. Ann. § 44–501(b)(1)(E)(2012), carries with it an element of willfulness, indicated a state appellate court recently. Accordingly, where an injured Kansas worker was unable to provide...

Tags: drug testing
Thomas A. Robinson
United States: Michigan Federal Court Reiterates that RICO May Not Be Used for Bad Faith Claims

Citing two earlier precedents, a federal district court sitting in Michigan has once again ruled, in pertinent part, that racketeering activity leading to a loss or diminution of benefits that a plaintiff expects to receive under a state workers compensation...

Thomas A. Robinson
Florida: Carrier’s Failure to Respond Does Not Mean Claimant Can Switch Medical Specialties

Resolving a split among the state’s judges of compensation claims, a Florida appellate court held that an employer/carrier’s failure to respond timely to a request for a one-time change of physician does not entitle the employee to a physician...

Thomas A. Robinson
New York: Cautious Medical Testimony Dooms Claim for Stroke Allegedly Caused by Work-Related Stress

Reiterating the rule that the state’s Workers’ Compensation Board could not rely upon expert medical opinion that amounted to mere speculation, a state appellate court affirmed the Board’s determination that a claimant did not sustain...

Thomas A. Robinson
Pennsylvania: IRE Physicians Not Limited to Impairment Issues Identified in NCP

In a 5–2 decision, the Supreme Court of Pennsylvania, reversing an earlier decision by the Commonwealth Court, held that a physician performing an Impairment Rating Evaluation (IRE) under § 306(a.2)(1) of the state’s Workers’ Compensation...

California Workers' Compensation Institute
CWCI Score Card Looks at Why San Diego Work Comp Claims Cost Less

Oakland – The California Workers' Compensation Institute (CWCI) has published its fifth Regional Score Card, providing detailed data on claims filed by workers from San Diego County for job injuries that occurred between 2005 and 2015. The Score...