The failure, on the part of an injured employee, to abide by lifting restrictions could not alone be sufficient to constitute an independent intervening cause that would relieve his or her employer (or carrier) from the responsibility for continued workers’... Read More
A Pennsylvania appellate court found substantial evidence supported the Board’s decision to terminate compensation benefits in spite of the fact that the claimant credibly testified that he continued to experience pain resulting from the work-related... Read More
The Supreme Court of Wyoming affirmed a finding by the state’s Office of Administrative Hearings (OAH) that a workers’ compensation claimant had reached MMI—with a resulting end to TTD benefits—despite a medical treatment plan... Read More
Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? ... Read More
It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed... Read More
Massachusetts’ new pilot program aims to break the emphasis on opioids On October 23, 2015, attorneys and judges from Massachusetts, Rhode Island and New Hampshire gathered at Gillette Stadium to discuss a variety of workers’ compensation... Read More
An Arizona appellate court affirmed a decision of the state’s Industrial Commission awarding benefits for a hernia that was unaccompanied by pain in spite of a clear statutory requirement that the immediate cause of the hernia must be a severe strain... Read More
An Alabama appellate court affirmed an award for a prescription medication in the form of a “time release” medication for erectile dysfunction that an employee contended was associated with his use of prescription narcotics to manage pain... Read More
A Wyoming county coroner’s report that listed the cause of death as an accidental overdose of medications an injured worker was taking to relieve pain following a compensable injury is evidence to be considered, but it is not entitled to full faith... Read More
In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating... Read More
By Karen C. Yotis, Esq., Feature Resident Columnist, LexisNexis Workers’ Compensation eNewsletter A resolute new analytic essay about the substantial impact that the underestimation of workers’ comp risk has on national welfare and public... Read More
Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer... Read More
Where an injured worker who had sustained work-related back injuries unsuccessfully sought “conventional” treatment for pain and discomfort and subsequently turned to the use of medical marijuana, the employer and insurer could be required... Read More
The California Workers’ Compensation Institute (CWCI) has completed a review of 2011 legislation signed by Governor Brown and flagged 20 workers’ compensation related bills that were enacted this year. They include: AB 55, Gatto: Extension... Read More
A case study from California A case handled by this author involved the diagnosis of Complex Regional Pain Syndrome (CRPS) from a lower extremity industrial injury. The WCAB upheld a trial judge’s decision that a WPI rating can exceed the maximum... Read More