LexisNexis® Legal Newsroom
LexisNexis Workers' Comp Law Newsroom Staff
California: Ex Parte Communications: When Replacement Panel Not Warranted

A recent noteworthy panel decision, Turner v. PT Gaming , addresses three interrelated issues on QME reporting and service of reports and whether they provide grounds for a new PQME. The majority, in this split opinion, concludes per Alvarez v. WCAB,...

Thomas A. Robinson
New Mexico: Native American Tribe’s Insurer Liable for Benefits Even if Tribe Enjoys Sovereign Immunity

Where a Native American tribe operated a casino and secured workers’ compensation insurance from an insurer to cover workers’ compensation benefits that might be payable for work-related injuries to casino employees, that insurer and its third...

Thomas A. Robinson
Kansas: Widow’s Motion to Characterize Wrongful Death Recovery as Exempt from Subrogation Rules Found Barred

Where a surviving spouse of a worker killed in a work-related car accident filed a wrongful death action in a state court and joined a separate federal wrongful death action filed by her son, and the parties eventually settled the claim with the federal...

Thomas A. Robinson
Oregon: Claimant May Not Receive TTD and PTD Indemnity for Same Time Period

A workers’ compensation claimant may not receive both temporary and permanent total disability compensation for the same period, held an Oregon appellate court. Quoting Larson’s Workers’ Compensation Law and explaining the “theoretical”...

Thomas A. Robinson
Virginia: EMT’s Fainting Episode in Emergency Room Did Not Arise Out of Employment

A Virginia emergency room paramedic, who fainted serious injuries when he fainted while assisting a physician as the latter inserted a needle into a patient’s spine, is not entitled to workers’ compensation benefits, held a state appellate...

Tags:
Roger Rabb
An Alternative to Opioids: A Mind-Body Approach to Pain Management

A recent webinar discussed one approach to reducing reliance on dangerous opioids for pain management By Roger Rabb, J.D. The opioid epidemic is perhaps the biggest health crisis facing the U.S today, as an estimated 115 Americans die from an opioid...

Tags: opioids