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NY: WCB Posts Billing Procedures for Unpaid Penalties

ALBANY , NY – The New York State Workers’ Compensation Board has issued Subject No. 046-413, which states: Background The New York Workers' Compensation Law authorizes the Workers' Compensation Board to impose financial penalties on a party of interest or other regulated entity...

CO: Industry Group Seeks to Kill Workers' Comp Bills

DENVER, CO - The Colorado Association of Commerce and Industry has written state legislators to kill several bills, including two workers' compensation bills, that it believes would be harmful to the state's economy: Senate Bill 12 (increases penalties for violating workers' comp laws...

MN: Medical Board Reviews Proposed Rule Changes to Managed Care Plans, Surgical Implants

ST. PAUL, MN - The Minnesota Medical Services Review Board met Tuesday to discuss proposed rule changes related to certified managed care plans, penalties, prevailing charge, and surgical implants. Read the agenda Read the proposed rule changes Source: Minnesota Dept. of Labor and Industry,...

Cal. Comp. Cases December Advanced Postings (11/29/2010)

Here’s the first batch of advanced postings for the December 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case below to read the complete headnotes and summary. Rudy Hernandez v. W.C.A.B., Blue Star Ready Mix/Mobile Mixers, Inc., American Home Assurance Company, administered...

PPO Litigation in Louisiana Update (12/1/2010): Louisiana Supreme Court Reverses Third Circuit

Are Discounts Below the Fee Schedule Permitted? The Third Circuit in Agilus Health v. Accor Lodging North America ,2009-1049 (La. App. 3d Cir. 3/10/10), 32 So3d 1120 held that providers could not agree to be paid less than the fee schedule [See also, Central Louisiana Ambulatory Surgical Center...

MO: Employer Sanctioned Nearly $46,000 for “Starving Out” Claimant

The employer disputed if claimant's accident arose out of and in course of employment when claimant was asked to drive about 45 minutes to help staff another convenience store in Hollister, MO. Claimant lost control of her car resulting in multiple injuries including the need for an ORIF hip. She...

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

Rebuttal of AMA Guides - Cal. Comp. Cases October Advanced Postings (10/21/2011)

Featured Case of the Week: Rebuttal of AMA Guides Riverfront Apartments, Illinois Midwest Insurance Agency, on behalf of Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Jose Oliveira , Respondents , 2011 Cal. Wrk. Comp. LEXIS 153...

Larson's Spotlight on Recent Cases: Federal RICO Cause of Action

Larson's Spotlight on RICO, Ex Parte Communication, Penalties and Reemployment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. US: State Cannot...

Got Treatment? How to Expedite Medical Treatment and Avoid Penalties in California

Lexis.com subscribers can link to the cites below. The recent panel decision of Castrillo v. Catholic Health Care West, 2012 Cal. Wrk. Comp. P.D. LEXIS 454 , presents an interesting slant on a judge’s denial of the applicant’s request for penalties. In order to expedite medical treatment...

Longshore Act: Is Application of the Section 14(f) Penalty Mandatory When Equitable Considerations Warrant Otherwise?

By Monica F. Markovich and Jonathan A. Tweedy, Brown Sims, P.C., Houston, Texas and New Orleans, Louisiana The Longshore and Harbor Workers’ Compensation Act (the “Act”) encourages the prompt payment of compensation benefits ( 33 U.S.C.S. § 901 et seq.). Where the compensation...

California: Labor Code Does Not Permit Defendant to Bury Its Head in the Sand to Dodge Its Obligations

In The Romano Trust v. The Kroger Co . , 2013 Cal. Wrk. Comp. P.D. LEXIS --, a WCAB panel declared it had rarely encountered a case in which a defendant “has exhibited such blithe disregard for its legal and ethical obligation to provide medical care to a critically injured worker.” In Romano...

Penalty for Failure to Authorize Plasma Decompression Disc Surgery: Cal. Comp. Cases May Advanced Postings (4/30/2013)

Here’s the second batch of advanced postings for the May 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. Turlock City Tow Services, Westport...

South Carolina: Guaranty Association Ordered to Pay Penalties and Interests Where It Failed to Pay Claim in Timely Fashion

The Supreme Court of South Carolina recently held in relevant part that with regard to the handling of claims related to insolvent workers’ compensation carriers, the "covered claim" limitation applies only in the context of claims deriving from insolvent carrier's policies; when...

PD Payable Retroactively 14 Days After Last Payment of 4850 Benefits: Cal. Comp. Cases November Advanced Postings (11/12/2014)

Here are the third and fourth batches of advanced postings for the November 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. County of Riverside, PSI...

California: Slow Taper of Opioid Usage: UR Decisions Must Be Consistent With the MTUS

In McCool v. Monterey Bay Medicar , 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel rescinded the WCJ’s award of medical treatment in the form of Oxycontin, Norco and Lyrica to the applicant who sustained an industrial low back injury on 9/17/83 resulting in three back surgeries. The WCAB...

Temp Nation: Standing Up for the Walking Dead

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Temporary workers are having a decidedly permanent impact on the nation’s workforce...

Defendant’s 39-Day Delay of $49K Settlement Payment Found Unreasonable: Cal. Comp. Cases February Advanced Postings (2/18/2015)

Here’s the fourth batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Ace American Insurance Company (administered...

Workplace Wellness Programs: The ROI Wars

Depending on which study you believe in, workplace wellness programs may or may not be a good return on investment for employers. On the one side you have studies showing that for every $1 invested in a workplace wellness program, there’s a $1.88 to $3.92 reduction in health care costs. On the...

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis...

Arkansas: Employer Secured Comp Coverage in Spite of Failure to List Employees in Policy Documents

An Arkansas court held that the owner of a small Arkansas business appropriately secured workers’ compensation coverage when evidence indicated an insurance company issued a policy and the business paid a premium of $1,000. That the policy did not name any employees as being covered thereunder...

Vocational Expert Opinion Did Not Support 100 Percent Permanent Disability: Cal. Comp. Cases March Advanced Postings (3/9/2016)

Here’s the latest batch of advanced postings for the March 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Joe Navarro, Petitioner v. Workers'...

California: Commonly Missed Regulations and Rules

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without knowing the applicable Labor Code section or regulation...