LexisNexis® Legal Newsroom
Workers' Comp Fraud Blotter (11/3/2011) – Payroll Company Business Executive and Workers’ Comp Attorney Facing Theft Charges

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

10 Myths and Facts About Workers' Compensation

The LexisNexis Workers’ Compensation Law Community and the award-winning blog Work Comp Roundup have teamed up to present some common myths and facts about workers’ compensation. Our contributors represent different segments of the workers’ compensation industry. Questions and comments...

10 Myths and Facts About Workers' Compensation

The LexisNexis Workers’ Compensation Law Community and the award-winning blog Work Comp Roundup have teamed up to present some common myths and facts about workers’ compensation. Our contributors represent different segments of the workers’ compensation industry. Questions and comments...

Leave of Absence Benefits Did Not Constitute Temporary Disability Indemnity for Purposes of Temporary Disability Cap: Cal. Comp. Cases March Advanced Postings (2/29/2012)

Here’s the first batch of advanced postings for the March 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. City of San Rafael, PSI, adjusted by Redwood Empire Municipal...

Federal Judge Approves $450M AIG Workers’ Comp Class Action Settlement

Liberty Mutual plans to appeal the judge's order. The dispute centers on allegations that AIG intentionally underestimated its workers' comp premiums to avoid premium taxes and substantial residual market charges before 1996. Read more at InsuranceNewsNet . For more information about LexisNexis...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

The Cruiser T Post…..and a Whitman Sampler of Motion Day Rulings in Delaware

My big news? We adopted another rescue cat, a kitten actually. His name is Cruiser T, "Cruiser" in honor of the police vehicle which rescued him and "T" in honor of my husband Tom. The first week we had him, I was concerned that adding another cat to the mix had been a terrible mistake...

National and State-by-State Workers' Comp News Roundup: Powered by Larson's (5/29/2012)

Sign up for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Sign up here to select the enewsletter of your choice. NATIONAL NEWS: 21st Annual National Workers' Compensation Conference Agenda Posted Online . Nat'l WC Conference...

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

CMS Releases Advance Notice of Proposed Rulemaking in "Future Medical" Situations

By: Marty Cassavoy & Mark Popolizio, Crowe Paradis Services Corporation On May 3, 2012, the Centers for Medicare & Medicaid Services (CMS) provided early notice that it would be publishing proposed rules regarding Medicare Secondary Payer (MSP) compliance obligations in relation to “future...

California: Can an Attorney Fee Be Requested on a Medicare Set-Aside Trust?

Lexis.com subscribers can link to the cites below. As any participant in the workers’ compensation system over the past ten to fifteen years can tell you, if you want to discuss a Compromise and Release, you will likely also have to consider “Medicare’s interests” in evaluating...

Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake

Today's post is a pretty dry discussion by Sassy Cassy standards. I stumbled across a recent Motion Day ruling that presents a potentially novel issue and has a little something to offer on the topic of enforceability of settlements. That and the whole spectrum of issues presented by commuting medicals...

Delaware IAB Enforces MSA Commutation Where Surgery Is Proposed After the Fact...and a Cupcake

Today's post is a pretty dry discussion by Sassy Cassy standards. I stumbled across a recent Motion Day ruling that presents a potentially novel issue and has a little something to offer on the topic of enforceability of settlements. That and the whole spectrum of issues presented by commuting medicals...

The Valentine’s Day Post: A Whitman’s Sampler of DE Motion Day Rulings

As my girls used to say when they were little, today is a "lucky day".....which by their standards meant a special day such as when the school cafeteria was serving hot dogs and tater tots. I cherish today because this particular Valentine's Day is the 10 year anniversary of Tom asking...

The Fog of Adequacy

By Stephen Embry, Embry and Neusner, Groton, Connecticut The driving force of the law is fear, which promotes dispute resolution. In the ordinary course of human affairs disputes and controversies arise and are resolved informally. It is rare that the dispute leads to the formal procedures of litigation...

FEHA Settlement Didn’t Preclude TTD Award: Cal. Comp. Cases November Advanced Postings (10/22/2013)

Here’s the first batch of advanced postings for the November 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. Zurich North America, insurer...

Missouri: Court Compels Commission To Approve Settlement

A surviving widow negotiated with the employer to obtain a lump sum settlement but the Commission refused to approve the settlement and asserted that the agreement was not in accordance with her rights because it was less than the present value of the claim. Hinkle v A.B. Dick , WD 76952, 2014 Mo. App...

Defendant Entitled to Credit for Full Amount of Long-Term Disability Benefits: Cal. Comp. Cases February Advanced Postings (2/5/2015)

Here’s the second batch of advanced postings for February 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2015 LexisNexis. All rights reserved. Jessie Lee Sherrod, Petitioner v...

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...

Virginia: Arbitrator’s Award of Lien Reimbursement to Comp Insurer Need Not Be Shared With Injured Worker

Where an arbitrator ordered an auto insurance carrier to reimburse a workers’ compensation insurer (“comp insurer”) for the full amount of its workers’ compensation lien ($4,060.19), the comp insurer need not share the lien proceeds with the injured worker on a pro rata basis;...

Vermont Workers' Compensation Update: January to March 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open a campground. We all wish her well and hope she...

California Workers’ Comp Case Roundup (7/7/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 6 June 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...

California Workers’ Comp Case Roundup (9/1/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 8 August 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...

California: Commonly Missed Regulations and Rules

Familiarity with the Labor Code and the WCAB/DWC regulations is a fundamental necessity for practicing workers’ compensation law in the State of California. Given this fact, it is surprising how many attorneys show up on the day of trial without knowing the applicable Labor Code section or regulation...

California: Medicare Settlement Agreements: The Perils of Unanticipated Problems After Settlement

What exactly is the role of the WCAB, not to mention the parties to the C&R, in addressing unanticipated problems that come up with an MSA after settlement? In Muniz Villalpando v. Doherty Brothers , 2017 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, in a split panel opinion, rescinded the WCJ’s...