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...

Navigating Medical Provider Network Issues in California

How does a defendant prove that it sent the proper notices in compliance with Knight, and when exactly will it be liable for treatment procured outside of the MPN? There have been several cases as of late addressing MPN issues. Specifically, there has been Knight v. United Parcel Service (2006) 71...

California: Procedure for Striking a Panel Qualified Medical Evaluator

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: Medical-Legal Procedure; Assignment of QME Panel. WCAB granted removal and rescinded WCJ’s order that applicant violated LC 4062.2(c)...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

Not Just Another Daddy’s Girl….And a New Development on the Statute of Limitations in Delaware

This is really the Ketevan Sophia Sensor Post. The little charmer above is none other than Mike Sensor's daughter, Ketevan....sometimes known as "Keti Spaghetti". This child is so popular, so precocious she has her own following on Twitter. And speaking of precocious, Mike was right fully...

notice timely Not too late cloud message

Federal: Illinois Employer May Not Require Notice Prior to Medical Treatment

The Illinois Workers’ Compensation Act grants an injured worker the right to seek medical care prior to notifying the employer of the workplace injury or condition, even where the employer has a known employment policy regarding such notification, held an Illinois court. Accordingly, an employer’s...

California: Statute of Limitations in Workers’ Compensation

In the workers’ compensation world, there is a long held belief that the “tie goes to the injured worker.” This is especially true when it comes to the statutes of limitations. In fact, the 4th DCA in the case of Blanchard v. WCAB (1975) 53 Cal. App. 3d 590, 40 Cal Comp Cases 784 [...

About Time! New ALJ Regulations Finally Final

By Thomas C. Fitzhugh III, Fitzhugh & Elliott, P.C., Houston, Texas The comment period for proposed new regulations for ALJ proceedings closed more than two years ago. For months we were promised that the new rules would be forthcoming “soon.” In May the final rules were published...

Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had a right of equitable contribution to ensure that...

Employer Lacked Sufficient Notice of Alleged Industrial Injury to Trigger Duty to Provide Claim Form, Notice of Benefits: Cal. Comp. Cases August Advanced Postings (8/17/2016)

Here’s the latest batch of advanced postings for the August 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Susan Ostini , Petitioner v. Workers'...

California: Seven-Year Delay in Filing Claim Excused Where Employer and Insurer Failed to Provide Injured Employee With Required Notices Regarding Rights to File

The Court of Appeal of California (2nd Appellate Dist.), affirming an order of the WCAB, held that affirmative defense of laches was not available to insurer in spite of the fact that the employer’s claim for workers’ compensation benefits was filed more than seven years after accident. Observing...