LexisNexis® Legal Newsroom
CA: Lien Claim Filed 5 Years After Date of Injury Rejected Despite Admitted Injury, Furnishing of Benefits by Insurer

Juan Medina v. Santa Ana Plating Statute of Limitations--Initiation of Proceedings by Lien Claimant--WCAB, rescinding WCJ's finding, held that lien claimant/surgery center was barred by one-year statute of limitations in Labor Code § 5405 from recovering lien for services provided to applicant...

CA: Mendoza En Banc on Rule 30 Appealed by Injured Worker

LOS ANGELES, CA - The attorney for injured worker Amelia Mendoza filed a Petition for Writ of Review on July 6, 2010, challenging the WCAB's en banc decision in Mendoza v. Huntington Hospital in which the WCAB en banc held that 8 Cal. Code Reg. § 30(d)(3), which provides that, when applicant's...

ID: Judge to Consider $6.9M Settlement in Workers' Comp Premium Lawsuit

DES MOINES, ID - The Idaho Statesman reports that an estimated 30,000 small Idaho businesses that purchased workers' compensation insurance between 7/1/2001 and 6/30/2007, with premiums of $2,500 or less, will benefit from a $6.9 million settlement over dividend and other payments they allege are...

CA: CalChamber Says Utilization Review Bill Increases Workers' Comp Costs

SACRAMENTO, CA - The California Chamber of Commerce says it is opposing AB 933, which the Senate Labor and Industrial Relations Committee passed by a vote of 4-1 on June 23, 2010. According to CalChamber, the bill would increase the cost of performing utilization review on medical treatment requests...

PCI’s Sampson Reacts As Dodd-Frank Act Clears Procedural Hurdle For Senate Passage

WASHINGTON, DC — David A. Sampson, president and CEO of the Property Casualty Insurers Association of America, issued the following statement on the Dodd-Frank Act, which has cleared the necessary procedural threshold in the U.S. Senate to be considered for passage today: "Significant improvements...

CA: Governor Signs Bill on Public Employees Leaves of Absence

SACRAMENTO, CA - Governor Schwarzenegger has signed the following bill: AB 586 by Assemblymember Fiona Ma (D-San Francisco) - Workers' compensation: employees of the City and County of San Francisco: leaves of absence. The Legislative Council's Digest reads: Existing workers' compensation...

IL: Ex-Bear Football Player Wins Record Settlement for Workers' Comp Claim

IL - The Chicago Tribune reports that former Bears tight end Gabe Reid was awarded $325,000 in state workers' compensation benefits for a right knee injury, making it the largest settlement ever for a pro athlete in Illinois.

MA: AG Recovers Over $3M in Settlement With FedEx Ground Over Misclassification of Workers

Company’s Alleged Misclassification Of Workers Led To Underpayment To Commonwealth For Payroll Taxes, Worker’s Compensation, and Unemployment Insurance BOSTON, MA – Attorney General Martha Coakley’s Office has entered into a multi-million dollar agreement with Pittsburgh-based...

MD: IWIF Summarizes Two Workers' Comp Legislative Changes

TOWSON, MD - The Injured Workers Insurance Fund has outlined two bills impacting workers’ compensation procedures: House Bill 405, Workers’ Compensation Covered Employees and Employers Corporate or Limited Liability Company Officers. House Bill 249, Insurance Premium Increase for Commercial...

AZ: Court of Appeals Upholds Requirement of AMA Guides Sixth Edition

AZ – The Arizona Court of Appeals has held that Arizona Adm. Code R20-5-113(B), referred to as "Rule 113(B)," which requires use of "the most recent edition" of the AMA Guides, and which was promulgated at a moment in time when the 5th Ed. was "the most recent edition,"...

CA: Insurer Denied Reimbursement for Paying Excessive Treatment Beyond 24 Chiropractic Visit Limit

Silvia Mora v. Steelcase, Inc. Medical Treatment--Chiropractic--WCAB, rescinding WJC's finding, held that defendant was not entitled to reimbursement by lien claimant/chiropractor for treatment provided to applicant/painter/assembler with injury to her right shoulder and upper extremity during...

CA: Dependent of Deceased Worker Not Entitled to Annual Increases in Death Benefits

Christopher Peckham (Dec'd), Lisa Falvo-Peckham (Widow) v. Resolution Law Corp and Republic Indemnity Co. of America Death Benefits--Cost of Living Adjustments--WCAB upheld WCJ's finding that dependent daughter of decedent who died on 6/21/2008 was not entitled to annual increases in death...

IA: Supreme Court Rules for Woman Seeking Court Costs in Successful Appeal of Comp Case

DES MOINES, IA - The Iowa Supreme Court ruled on Friday that all trial court costs in a successful appeal by Debra A. Solland in her workers' compensation case should be assessed to the Second Injury Fund in Iowa. Read the case Source: Mason City Globe Gazette

RI: Courts Report Decrease in Workers’ Comp Cases Filed in 2009

The Providence Journal reports a decrease in workers’ compensation cases filed in 2009 in the superior and district courts, this due to the economic recession and workers’ fear of losing their job; however, those same work-related injuries will ultimately result in injury and litigation,...

IL: Federal Court Applies Illinois Summary Judgment Standard to Workers' Comp Retaliatory Discharge Claim

The Seventh Circuit Court of Appeals has held that when a retaliatory discharge case governed by Illinois law is litigated in a federal court, the federal court must apply the standard of the state law to a motion for summary judgment, and not the federal standard, because the standards are materially...

FL: Employer Files Defamation Suit Against Injured Worker's Attorney

WEST PALM BEACH, FL - The Palm Beach Post News reports that Altec, the employer of an illegal immigrant who was left paralyzed after a fall off a Palm City roof in 2006 and who is receiving workers' compensation benefits, has sued the injured worker's attorney for defamation with respect to certain...

SC: AIG Policyholders Move Forward With Lawsuit Over Alleged Excessive Workers' Comp Premiums

COLUMBIA, SC - The Supreme Court of South Carolina issued its opinion in Temporary Services v. American International Group , essentially allowing the AIG workers' compensation policyholders to move forward with their lawsuit against their insurer. In the underlying lawsuit, the plaintiffs asserted...

MO: Failed Return to Work Renders Claimant PTD

A claimant who returns to work may still be a permanent total, according to a recent Missouri Commission case that finds a claimant who returns with accommodations or who experiences difficulty performing job duties may still be unable to maintain gainful employment. Discovery of a potential permanent...

CA: Employer's Management Representative Allowed to Attend Injured Worker's Deposition

Amador Padilla v. Los Angeles Metropolitan Transportation Authority, PSI Discovery--Depositions--Employer Representatives--WCAB, in a majority opinion, granted defendant's petition for removal from WCJ's order limiting type of employer representative allowed to attend deposition of applicant...

CA: Declaration of Readiness to Proceed Sufficient to Initiate Proceedings for Contribution

Nathan Wines v. SDA Security Systems, Inc. Contribution--Statute of Limitations--WCAB held that, pursuant to decision in Old Republic Insurance Company v. W.C.A.B. (Bennett) (2010) 75 Cal. Comp. Cases 168 (writ denied), defendant was not barred by statute of limitations from seeking contribution against...

OK: WCC Posts 2010 Summary of Workers' Comp Legislative Changes

OKLAHOMA CITY, OK - The Oklahoma Workers' Compensation Court has provided a general overview of the various workers' compensation and related changes were enacted in 2010. Read the summary Source: Oklahoma Workers' Compensation Court

NY: Judge Has Mixed Feelings About 9/11 Settlement Proposal

STATEN ISLAND, NY - The Staten Island Advance reports that at a hearing yesterday, U.S. District Judge Alvin Hellerstein, who approved the settlement proposal for 9/11 responders, says he believed he had failed in not being able to do more for the 9/11 responders who have suffered, but that the settlement...

CA: Doctor Files Libel Lawsuit Against Adjuster.com

LOS ANGELES, CA - Courthouse News Service reports that Dr. Munir Uwaydah has filed a lawsuit in Superior Court, claiming that he was libeled by the editor of Adjuster.com in a series of articles published on that site.

CA: Injured Worker Not Entitled to Continuous Self-Procured Medical Treatment When Employer Cured Defect in MPN Notice

Helen B. Jakes (Helen Jakes Elam) v. State of California, Department of Corrections Medical Provider Networks--Notice Requirements--WCAB, rescinding arbitrator's finding, held that defendant was not liable for medical treatment self-procured by applicant/correctional officer who claimed to have...

DC: Court Says Injured Ex-NHL Hockey Player Can Bring Claim Under Workers’ Comp Act

WASHINGTON, D.C. - The District of Columbia Court of Appeals upheld an award of District of Columbia workers’ compensation benefits to a former minor league player in the Washington Capitals’ hockey organization, Jamie Huscroft (No. 08-AA-1476) . The outcome of the case enables minor league...