LexisNexis® Legal Newsroom
Texas Appeals Panel Decision Nos. 100267 and 100296 - Old Rule SIBS

By Stuart D. Colburn, Shareholder, Downs Stanford Appeals Panel Decision No. 100267 - Old Rule SIBS For the qualifying period at issue, the treating doctor drafted a report indicating the Claimant “unequivocally” has no ability to work. However, the doctor also released the Claimant...

Keep 'em Comin'-- Fines in Delaware Now on a Roll........

Today we welcome guest blogger Mike Galbraith who highlights a recent decision from the Board on the subject of...none other....UR and Fines. Mike is a claimant attorney with the law firm of Nitsche, Weik and Dougherty and something of an expert on the topic of UR. In Mike's case we would call it...

California: The Reasonable Accommodation Process Done Right

In the recent (unpublished) decision by the California Court of Appeal, Moore v. California Surety , 2011 Cal. App. Unpub. LEXIS 117 (Cal. App. 4th Dist. Jan. 7, 2011) , the Court held that the employer’s handling of the interactive process and attempts to provide reasonable accommodation to an...

I Get By With a Little Help from My Friends: Virginia Guidelines for "Reasonable Job Search" a Good Model for Delaware?

As Sarah Palin might say, "You betcha!" Okay so I gave away that I am a Republican. But in reply to my last post of February 4, 2011 (fondly known as "the birthday post"), I have the privilege of being joined by a guest blogger today.....and one who came bearing gifts in the form...

The Texas Supreme Court Grants Rehearing in Ruttiger

By Nicholas Canaday, III, Shareholder, Downs Stanford, P.C. Re: Texas Mutual Insurance Co. v. Ruttiger , 265 S.W.3d 651 (Tex.App.-Houston [1 st Dist.] Jul 31, 2008) (NO. 01-06-00897-CV), review granted (Mar 12, 2010); Judgment Reversed, in part; Rehearing Granted (Feb. 17, 2012). Synopsis: ...

California: Zombie Liens and Statute of Limitations

FREE ENEWSLETTER; SIGN UP TODAY HERE Here's a sneak peek of a recent noteworthy panel decision that will be added soon to the LexisNexis services: Liens; Medical; Statute of Limitations. WCAB affirmed WCJ’s order disallowing balance of lien claimant’s lien filed on 2/3/2011...

California: Physical Injury That Is a Result of Work Related Stress

The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related stress In Stolp v. California Department...

California: Top 25 Noteworthy Panel Decisions (July–December 2015)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2015. The list features a number of decisions addressing the assignment and reporting of panel qualified medical evaluators...

New York: Court Affirms Board’s Finding that Claimant’s Stress Was Greater than That of Other Workers

A New York court affirmed an award to a charity’s caseworker that contended she sustained a mental injury based upon stress on her job. The court acknowledged that N.Y. Work. Comp. Law § 2(7) precluded claims for mental injuries based upon work-related stress resulting from a lawful personnel...

California: WCAB Panel Finds Defense Counsel’s Failure to Provide RFA to Claims Administrator Was Unreasonable

Sometimes common sense trumps strict application of UR rules In Czech v. Bank of America , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB panel affirmed the WCJ’s finding that the defendant failed to timely complete utilization review (UR) pursuant to Labor Code § 4610 [ LC 4610 ] and...

California: Top 25 Noteworthy Panel Decisions (January-June 2016)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period January through June 2016. The list features a number of decisions addressing utilization review time deadlines and reporting requirements, several...