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Cal. Comp. Cases September Advanced Postings (9/9/2010)

Here's the second batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes. Kent Anderson v. W.C.A.B., Smart & Final, PSI, Sedgwick CMS 75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp...

Wilson v. State Farm: Court Rules That Insurer Did Not Act in “Bad Faith” by Delaying Payment of a Settlement Pending Determination of Medicare’s Conditional Payment Amount

By Mark Popolizio, Esquire, V.P. of MSP Compliance, NuQuest BridgePointe In the case of Wilson v. State Farm Mutual Automobile Insurance Company , No. 3:10-CV-256-H, 2011 WL 2378190 [ 2011 U.S. Dist. LEXIS 63430 ] (W.D. Ky., June 15, 2011), the United States District Court for the Western District...

California: Independent Medical Review – Which One Applies To What?

There is much confusion over the two Independent Medical Reviews in the California workers’ compensation system: MPN-IMR and UR-IMR. Attorneys should beware of mixing apples and oranges when it comes to these two separate and distinct processes. This article hopefully will clarify the issues and...

Action Delayed Is a Continuance Denied In Delaware

Today’s cautionary tale comes from my partner Natalie Wolf who sent me a copy of Andres Urdaneta v. Trader Joes , IAB# 1419092 (3/10/15)(ORDER) . The matter came to the Board on an opposed request for a continuance being advanced by the employer. And basically here is the rule of law I take from...

New Mexico: Six-Year Delay by Uninsured Fund to Reinstate Reimbursement Petition Was Untimely

A New Mexico trial court did not abuse its discretion in refusing to reinstate a 2006 Petition filed by the Uninsured Employers’ Fund (“UEF”) against an employer where the UEF’s Petition was initially dismissed, without prejudice, in 2008—for lack of prosecution—and...

Oklahoma: “Crafty Gamesmanship” Earns Insurer a Date in Court for Bad-Faith Failure to Pay

The Supreme Court of Oklahoma, in a divided decision, held that an employee could maintain a bad-faith action against a workers’ compensation insurer alleging that following an award of compensation benefits by the state’s Workers’ Compensation Court (WCC), the insurer withheld employee’s...