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BP To Pay $50.6M To Resolve US Labor Department Litigation

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration today announced that BP Products North America Inc. will pay a full penalty of $50.6 million stemming from the 2005 explosion at its Texas City, Texas, refinery that killed 15 workers and...

California: 1st District – No Presumption Earnings Are Maximum Where Documentation Is Lacking

The First District Court of Appeal has reversed a W.C.A.B. decision that really involves a technical issue for calculating and paying TTD under the guise of modifying a penalty award. In a published decision the Court has made a ruling on an issue involving $40 that potentially involved millions of dollars...

California WCAB Panel Addresses Temporary Disability With Salary Continuation Under the Education Code

By Bruce P. White, Esq. A WCAB panel has recently issued an important decision that will give guidance to the workers’ compensation community on salary continuation plans. The decision in Fiorentino v. Allan Hancock College , ADJ7527243, is noteworthy in that it pertains to the integration...

AIG Reaches $146.5M Settlement With States' Complaint for Misreporting Workers' Compensation Premiums

Florida Insurance Commissioner Kevin McCarty announced today that a settlement has been reached between American International Group, Inc. (AIG) and its affiliates with all 50 states and the District of Columbia, as a result of AIG misreporting $2.12 billion of workers' compensation premium as other...

Larson’s Spotlight on Recent Cases: Claimant’s Unpaid Work for Wife’s Business Did Not Constitute Fraud

Larson's Spotlight on Fraud, Unfair Settlement Practices, Penalty for Late Payment, and Altercation. 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. ...

Louisiana: $5,000 Penalty Provision in Settlement Agreement May Not Be Enforced Against Claimant

A Louisiana appellate court recently held that while the terms of a compromise settlement agreement executed by a workers’ compensation claimant and an employer are generally recognized and fully binding on the parties, where the agreement calls for the payment, by the claimant, of stipulated damages...

California: Unreasonable Denial of Medical Treatment by Abruptly Withdrawing Authorization for Injured Worker’s Opioid Pain Medication

Both utilization review physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814 , and held that a penalty was justified as the...

Virginia: Civil Penalty When Uninsured for Workers’ Compensation Will Significantly Increase Effective July 1, 2014

Richmond, Virginia, May 21, 2014: The 2014 General Assembly approved an increase in the civil penalty imposed when an employer required to insure under the Workers’ Compensation Act fails to insure. An employer is required by state law to insure in Virginia when they regularly employ more than...

California: WCAB Applies Neri Hernandez to Home Health Care Services Cases

The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant's bad-faith or frivolous...

Defendant Gets to Select Interpreters for Depositions It Notices: Cal. Comp. Cases August Advanced Postings (8/9/2014)

Here’s the second batch of advanced postings for August 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Flavio Solano, Petitioner v. Workers'...

California Workers’ Comp Case Roundup (9/11/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 8 August 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: The Applicant’s Attorney's Right to a 5814.5 Fee

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s fees [see Juarez v. Watkins Manufacturing...

McCool

Can an insurer submit medication prescription requests to utilization review (UR) even where those medications have been repeatedly authorized before? That question has been hotly debated in California workers’ comp circles after a recent WCAB Significant Panel Decision, Patterson v. The Oaks...

California: Arbitrary UR Cycles of Denials and Authorizations for Prescription Medications

Defendants can submit every prescription request to UR, but is this cost effective and does it fulfill their obligation to provide appropriate medical treatment to cure or relieve injured workers from the effects of their industrial injuries? In Cordova v. Garaventa Enterprises , 2015 Cal. Wrk. Comp...

Missouri: No 15% Penalty For Employment Discrimination

Missouri compensation allows a 15% enhancement of statutory comp benefits when the employer fails to comply with state law and the injury is caused by the failure. Although most cases invoke 287.120.4 (Lexis Advance), 287.120.4 (lexis.com) for failure to guard or similar safety issues, a recent case...

California: No Penalty for Nearly Seven-Month Delay in Providing Dental Services Approved by Utilization Review

In Murphy v. Petsmart, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB rescinded the WCJ’s order awarding a maximum 25 percent penalty under Labor Code § 5814 for the defendant’s delay in providing dental treatment to an applicant cashier who suffered an industrial injury...

California: Delay in Payment of Disability Retirement Advances: Is it Subject to an LC 5814 Penalty?

In Gage v. County of Sacramento , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, reversing the WCJ in a split panel opinion, held that the defendant’s delay in the payment of disability retirement advances to the applicant deputy sheriff who suffered an industrial injury to her lumbar spine on 9...

California Workers’ Compensation Case Roundup (3/31/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 3 March 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...