LexisNexis® Legal Newsroom
Why Every Employer Needs a Post-Injury Response Procedure: How to Keep the Ship on Course

At the 21st Annual National Workers’ Compensation and Disability Conference®, Rebecca Shafer, JD, president of Amaxx Risk Solutions, Inc., will speak on Legal Triage: Team-Based Early Case Management to Fast-Track Claims. An employer’s actions in the minutes following a workplace...

Larson’s Spotlight on Recent Cases: Spouse’s Loss of Consortium Action Against Employer Barred by Exclusive Remedy Rule

Larson's Spotlight on Exclusive Remedy, Settlement Agreement, Tort Immunity for Co-employee, Narcotics and Return to Work. 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...

Last Chance to Save! LexisNexis Community Members Discount at 21st Annual National Workers’ Compensation & Disability Conference

Just a few weeks left to get the special LexisNexis Community member discount on the National Workers' Compensation & Disability Conference ® , November 7 - 9 at the Las Vegas Convention Center. Because of our partnership with the conference, LexisNexis Community members save $320.00 off...

How to Achieve a Desirable Experience Modification Factor Under NCCI’s New System

By John Stahl, Esq. A recent Risk & Insurance webinar entitled “Big Changes Coming in Workers’ Compensation Premiums” stresses that actively reducing your “Experience Modification Factor” (“mod”) today should reap disproportionately high reductions in workers’...

VERMONT TOP CASES, powered by McCormick, Fitzpatrick, Kasper & Buchard, PC (updated 7/11/2016)

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been...

IAIABC Policy Guide on Reducing Opioid Abuse Offers Blueprint for Effective Reform

The bad news is that opioid abuse related to treating chronic pain remains a serious problem for every workers’ compensation system participant. The good news is that many workers’ compensation jurisdictions are increasing their efforts to reduce this situation that officials at the federal...

Work Hardening Bridges Gap Between Unable & Able To Work

Injured employees who are off work for a significant amount of time are often out of physical shape and are not physically ready to return to work when they have reached their maximum medical improvement. Work hardening, which is performed by physical therapists, is designed to assist the injured employee...

Quality "Continuum of Care" for Worst Case Lumbar Patients

Study shows return to work, work retention rates dramatically improve Measured by such yardsticks as return-to-work, work retention and reoperation rates, the success of lumbar surgeries in the Workers’ Compensation (“WC”) system could be fairly characterized as mixed. This, combined...

Illinois: Grandmother’s Light Duties Around Family Flower Shop Did Not Mean She Had Ability to Return to Work

Claimant's presence at a flower shop she co-owned with her daughters did not constitute a "return to work" or absolve her employer of its liability to pay TTD benefits for relevant periods of time held an Illinois appellate court. Evidence that claimant, a licensed practical nurse at the...

Injuries From Trench Collapse Caused by Employer's Serious and Willful Misconduct: Cal. Comp. Cases February Advanced Postings (2/12/2015)

Here’s the third batch of advanced postings for February 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. All rights reserved. CPF Masonry, State Compensation Insurance...

Connecticut: Employer Need Not Pay for Palliative Medical Care

A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not reasonable and necessary medical treatment after the...

Michigan: No Retaliatory Discharge Where Injured Employee Left Work Without Appropriate Excuse

In an unpublished decision, a Michigan appellate court affirmed a trial court’s grant of summary judgment favoring an employer in an injured worker’s retaliatory discharge action, finding that plaintiff could not make the requisite showing of a causal connection between the protected activity—seeking...

The Evolution of Reform: WCRI Panel Examines Resilience and Renovation in Workers’ Compensation

Closing session at WCRI’s annual conference examines workers’ comp systems in Texas, Pennsylvania, Oregon and Florida By Ryan Benharris, Esq. Focusing on Resilience or Renovation, the 2015 Workers Compensation Research Institute Annual Convention (WCRI) closed its seminar on March 6...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...

7 Things Employers Should Do to Avoid a ProPublica Report

I am reading the ProPublica Report with great interest because there are so many things I agree with. After reading all the press brouhaha over this report however, I still regard the high cost of workers compensation (for those companies which do have high costs) mostly as a management problem. The...

FECA Reform: Fresh Approaches, Aging Workers and Trying to Do More With Less

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. The cost cutting game being played in the workers’ compensation world these days is...

Hawaii: Injured Worker Should Receive New Device to Treat Tinnitus

The Supreme Court of Hawaii, vacating a lower court decision, held that substantial evidence showed that a new type of neuromonics device was “reasonably needed” for treating an injured worker’s tinnitus, and that based on this finding, the worker was not medically stable and unable...

An Alarming Mortality and Morbidity Trend Among Middle-Aged White Non-Hispanic Americans Suggests Implications for Ability to Work

Despite strides in medical care, mortality/morbidity is rising among this important demographic due to drugs, alcohol, suicide, liver disease and cirrhosis According to a study recently released by two Princeton University economists, the broadly observed long-term decline in mortality rates among...

None the Richer? Delaware IAB Finds Actual Displacement in Little Sisters of the Poor Case

Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor , IAB#1424369 (11/18/15) , which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be a displaced worker in the vein of the Watson case...

Texas: Court OKs Termination of Injured Employee at End of FMLA Leave

An employee who sustained an admitted work-related injury, who was placed on “Family Medical Leave” by the employer while the employee was away from work due to his injuries, and who was terminated upon the expiration of the 12-week FMLA leave, could not recover for retaliatory discharge...

House of Cards with a Delaware Address: A Termination Denied and Dr. Medinilla’s Final Hearing

This post is dedicated to one of my all-time favorite Board members, who recently returned from the Delaware Industrial Accident Board, Dr. Otto Medinilla. I believe Dr. Medinilla has the distinction of being the only physician ever to serve the IAB and he will be sorely missed. In any event, this case...

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think is a well-known and well established proposition...

Oklahoma: Supreme Court Strikes Down Yet Another Provision in State’s Comp Act

In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C)(5), defers the payment of a permanent partial disability...

Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors. While the Commission acknowledged that claimant’s...

IAIABC Taking Part in Shaping the Future of Workers’ Compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC On April 20, 2016, the IAIABC kicked off the National Conversation on the Future of Workers’ Compensation at its Forum in Santa Fe, New Mexico. In a three hour session, questions were presented to about 100 attendees to debate in round...