LexisNexis® Legal Newsroom
Texas Appeals Panel Decision No. 100316 – 90 Day Finality

By Stuart D. Colburn, Shareholder, Downs Stanford The carrier mailed the first certification of MMI/IR to the claimant’s correct address on July 2, 2008. The original envelope placed into evidence, was stamped “unclaimed” with three notices of attempted delivery. The attorney at...

Texas Appeals Panel Decision No. 100318 – MMI/IR

By Stuart D. Colburn, Shareholder, Downs Stanford The Claimant sustained a compensable injury in the course and scope of his employment. DWC selected a designated doctor for MMI/IR, but not for extent. The Designated Doctor certified maximum medical improvement with a 0% impairment rating. DWC...

Texas Appeals Panel Decision 100536 – Impairment Rating (IR)

By Stuart D. Colburn, Shareholder, Downs Stanford The Designated Doctor (DD) diagnosed a cervical sprain/strain and certified maximum medical improvement (MMI). At the Contested Case Hearing (CCH), the parties stipulated the injury extended to and included a disc herniation at C4-5. The Appeals...

Five Recent Cases You Should Know About (12/10/2010)

Larson's Spotlight on PPOs, AMA Guides, Going and Coming, Lost Wages, Telecommuter. 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. LA: Supreme Court...

Five Recent Cases You Should Know About (1/7/2011)

Larson's Spotlight on Refusal to Take Drug Test, Tort Action Against Co-Worker, Firefighter Presumption, Employer’s Voluntary Payment of Benefits, and Maximum Medical Improvement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer...

Texas DWC’s Decision to Deny Benefit Review Conference Requests May Result in Greater Number of Incorrect Impairment Ratings

By Stuart D. Colburn, Shareholder, Downs Stanford The Division announced a new policy to its administrative staff designed to limit the number of Benefit Review Conferences (BRCs). Benefit Review Officers are now instructed to deny BRC Requests on MMI/IR disputes unless there is an alternate certification...

FL: Wage Loss Discount Factor Tables Have Been Prepared

Tallahassee, FL (CompNewsNetwork) - The Wage Loss Discount Factor Tables have been prepared by the Division of Workers’ Compensation. Section 440.15(3)(b)8., Florida Statutes (1993), sets forth criteria for discounting total wages, salary and other remunerations when determining the amount of wage...

Roberts v. Director, OWCP, and Sealand Services, Inc.: Ninth Circuit Rules on Maximum Compensation Rates

In November of 2010, the United States Court of Appeals for the Ninth Circuit decided the case of Dana Roberts, Petitioner vs. Director, Office of Workers' Compensation Programs; Sealand Services, Inc. , 625 F.3d 1204, 44 BRBS 73(CRT) (9th Cir. 2010) . Rehearing was denied on February 10, 2011...

Five Recent Cases You Should Know About (4/29/2011)

Larson's Spotlight on Unexplained Fall, AMA Guides, Self-Insurers, Chiropractic Treatment, and Credit . 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...

MO: Does a Claimant Who Refuses To Attend Appointments, As a Matter Of Law, Reach Maximum Medical Improvement To Allow an Award of Permanent Partial Disability?

The recent Missouri Commission case of Baxter v General Motors Corp. , DOLIR 6-24-11, affirmed an award of benefits for disability when both experts concluded claimant did not reach maximum medical improvement. The claimant's surgeon examined claimant after carpal tunnel releases and concluded...

Texas: Recoupment

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case [ AP 110692 ] concerns the carrier’s right to reclassify overpaid TIBs as IIBs. In this case, the Hearing Officer cited Appeals Panel Decision 033358-S [ 2004 TX Wrk. Comp. LEXIS 207 ] to hold a carrier could not redesignate overpaid...

Texas: Recoupment

By Stuart D. Colburn, Esq., Shareholder, Downs Stanford This case [ AP 110692 ] concerns the carrier’s right to reclassify overpaid TIBs as IIBs. In this case, the Hearing Officer cited Appeals Panel Decision 033358-S [ 2004 TX Wrk. Comp. LEXIS 207 ] to hold a carrier could not redesignate overpaid...

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage. For accidents occurring on or...

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage. For accidents occurring on or...

Putting the Medicare Cards On the Table: Court Rules That L-MSA Not Required Per the Parties’ Mediation Settlement Agreement

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In Bruton v. Carnival Corporation , 2012 U.S. Dist. LEXIS 64416 (S.D. Florida May 2, 2012) the court ruled that a liability Medicare set-aside (L-MSA) was not required as part of the settlement based on the terms of the parties’...

Florida: Divided 1st DCA Creates “Virtual” MMI Date for Those Suffering Lengthy Periods of TTD

In a split (8 to 3) decision, the full First District Court of Appeal of Florida recently withdrew its earlier panel opinion in Westphal v. City of St. Petersburg , 2013 Fla. App. LEXIS 3203 (Fla. 1st DCA Feb. 28, 2013), and receded from its previous en banc opinion in Matrix Employee Leasing, Inc. v...

California: Whose Burden Is It, Anyway?

With all of the changes in the law the last few years, practitioners are finding it more difficult to determine which side has the burden of proof. Once determined, they have a difficult time finding the appropriate evidence needed to meet this burden. Set forth below is a summary of recent Noteworthy...

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement

An injured worker’s contention that she still suffered significant pain was not sufficient to contradict the Commission’s finding that the worker had nevertheless reached a point of maximum medical improvement, held an Idaho court. In fact, the worker’s evidence that she was not improving...

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...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

Missouri Supreme Court Rejects MMI as Bright Line Test to Award TTD

Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance), 2015 MO Lexis 248 (lexis.com). The case...

Missouri: Claimant May Be Awarded TTD Benefits Even After Maximum Medical Improvement

Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the end of the rehabilitative process would coincide...

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which was in conflict, and gave greater...

Florida: An Overview of Recent Decisions on Constitutionality of Workers’ Compensation Act

By Robert J. Grace, Jr., Esq., The Bleakley Bavol Law Firm, and Lyle Platt, Esq., Clarke & Platt, P.A. For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers’ compensation cases since our statute went into effect...

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional

In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit [set forth in § 440.15(2), Fla. Stat.], violated...