LexisNexis® Legal Newsroom
Illinois Medical Fee Schedule FAQ and Guidelines 2010

The Illinois Workers Compensation Medical Fee Schedule has been supplemented with answers to FAQs generated from recent fee schedule seminars around the state. As a result of common questions posed by the medical community and workers compensation payers, the Commission issued updated Medical Fee Schedule...

Have You Considered ADR in California?

It seems like everything old is new again when it comes to problems getting dispositions through formal adjudication of disputes at the WCAB. We noted with some humor an article that appeared in the Workers’ Compensation Quarterly in 1987 (the official publication of the State Bar Workers’...

TX: Texas Supreme Court Orders Parties to Arbitrate Dispute

AUSTIN, TX - The Texas Supreme Court recently ruled that a trial court abused its discretion by refusing to grant a party’s motion to compel arbitration. In re Odyssey Healthcare, Inc ., No. 09-0786 (Tex. May 7, 2010), available at http://www.supreme.courts.state.tx.us/historical/2010/may/090786...

CA: ACIC Supports MSP Resolution, CIGA, Agent Licensing Bills, Opposes Arbitration, Utilization Review Bills

SACRAMENTO , CA – ACIC has posted its weekly bill roundup. Notable workers’ compensation-related bills include: Bills Heard the Week of June 14 Assembly Health Committee – June 15 AJR 42 (Solorio) Medicare Secondary Payer Enhancement Act of 2010. AJR 42 would request Congress...

Using Arbitration Forums Special Arbitration Agreement to Efficiently Pursue Statutory Right to Reimbursement of Workers Compensation Benefits

In cases where a worker is injured by a third party’s wrongdoing the workers’ compensation insurance carrier is entitled to recover the benefits it pays out from the responsible third party (or their insurance company). For example, if a delivery worker injures himself during the course of...

Presiding Judge Jorja Frank Holds Hearing on Los Angeles WCAB District Office’s Notice of Intent to Consolidate Durable Medical Equipment Liens

On October 29, 2010 Presiding Judge Frank, again with the assistance of Associate Chief Judge Mark Kahn, presided over a hearing in connection with her notice of intent to consolidate liens filed by providers of durable medical equipment. Judge Frank informed the audience that 3700-4000 liens of all...

California: Everything You Always Wanted to Know About Arbitrations and Are Afraid to Ask

By Robert G. Rassp, Esq. In a departure from our journeys through the AMA Guides and six books on the subject (and continuing), it is time to switch gears and tackle the subject of arbitrations. We have been blessed with the experience of being an arbitrator in cases since 1995 and as a result, we...

Resolution of Workers’ Compensation Cases Through Mediation

By: Robert G. Heywood, Mediator and Arbitrator and Hon. Steven Siemers (Retired), Mediator and Arbitrator For workers’ compensation cases that have been open for two or more years, that can’t seem to move to closure, that require extensive trial time, present complex legal, factual...

Federal Judge Dismisses Miami Dolphin’s Lawsuit Against Former Player for Filing State Workers Comp Claim

A U.S. Magistrate Judge has ruled that former Miami Dolphin’s wide receiver Kendall Newsom was not prohibited by his contract and the NFL’s collective bargaining agreement from filing a workers’ compensation claim in Pennsylvania for a knee injury that he received during a Dolphins...

Webinar Stresses Use of Mediation in California Workers' Comp

"Mediating Workers' Comp Claims, Liens and Other Disputes" is the topic of a free webinar on Dec. 1 from WorkCompCentral Education, the company announced today. Former Oakland Presiding Judge George Mason and longtime workers' comp legal specialist Frank Russo will present a one...

Arbitrator Rules For Kansas City Chiefs: Players Must Pursue Workers’ Comp in Missouri, Not California

Former Kansas City Chiefs football players cannot seek California workers' compensation benefits under the rationale that their cumulative injuries occurred in various cities and states. Numerous injured NFL players have filed workers' compensation claims in California, which has more generous...

California Workers' Comp Case Roundup (12/2/2012)

CALIFORNIA COMPENSATION CASES Vol. 77 No. 11 Nov. 2012 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2012 LexisNexis. All rights reserved...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (12/21/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: SMART Act Passed by House to Streamline Medicare Secondary Payment Program . NCCI Posts Study on Role...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13, 2013), t he WCAB, denying defendant employer’s...

Vermont Workers' Compensation Update: April to June 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating physician’s opinions as to proposed minimally...

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)

Here are the second and third batches of advanced postings for September 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. Hanover Insurance Group/Hanover...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding that the lien claimant Western Medical Center...

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a pro rata basis;...

Opt-Out Lessons From Lone Star State

Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015 Edition, 2016 will shape up to be an important one...

Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes

Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave of absence and had not returned to work some 15...

United States: Employment Agreement Clause Requiring “Christian Mediation” in Retaliation Civil Action is Valid

An arbitration clause in a two-page employment contract that provided for the resolution of disputes by "following the biblical pattern of Matthew 18:15-17," and which also stated that any unresolved disputes would be submitted to "Christian mediation and, if necessary, legal binding arbitration...