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Total Disability Before Job Injury Precludes Fund Recovery

A claimant’s lack of candor about a prior medical condition while obtaining a new job may help to prove a prior disability. In Cook v Buckley Powder Company , DOLIR 3-17-11, the Commission found that no employer would have hired claimant in his job to handle and lift explosives if he had been candid...

California Applicants' Attorneys Association Announces 2011-12 leadership team, Priorities for coming year

SACRAMENTO, CA - The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today announced that it has installed a new president and team of officers for the coming year. S. Bradley Chalk , founder and principal of the Chalk Law Office in...

Five Recent Workers’ Comp Cases You Should Know About (10/21/2011) –Termination of Claimant for Failing to Provide Immediate Notice of Injury Upheld Over State’s 30-Day Time Period

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's surveys the latest case developments...

Five Recent Workers’ Comp Cases You Should Know About (10/21/2011) –Termination of Claimant for Failing to Provide Immediate Notice of Injury Upheld Over State’s 30-Day Time Period

Larson's Spotlight on Workers' Comp Evidence in Social Security Disability Proceeding, Termination for Failure to Provide Notice of Injury, Workers' Comp Exclusion in UIM Policy, Employee Fraud, and Immigration Status and Suspension of Benefits. Larson's surveys the latest case developments...

How California Handles the WCMSA Process

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation legal practitioners who represent injured workers...

How California Handles the WCMSA Process

There is a garden industry that has emerged since 1997 in California of companies who have become “WCMSA specialists”, promoting themselves as experts in developing WCMSA proposals that will pass muster with CMS. Most workers’ compensation legal practitioners who represent injured workers...

Larson’s Spotlight on Recent Cases: Injured Worker May Not Pursue Double Recovery Against Uninsured Employer

Larson's Spotlight on Election of Remedy, Exclusive Remedy, Withdrawal From Workforce, and Deviation From Employment. 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...

Can a Social Security Disability Award Be Admissible in a Workers’ Compensation Case?

By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law . Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The...

NCCI Research Brief on Medicare Set-Asides and Workers' Compensation

NCCI has recently examined the demographics related to MSAs (distributions of amounts of MSAs and total settlements that include MSAs; distributions of ages of claimants) and the aspects of the CMS review process (length of time from submission to CMS approval; relation between submitted and CMS-approved...

Federal: 11th Circuit Says Georgia Comp Settlement Is Exempt From Garnishment

Construing Georgia’s post-judgment garnishment statute, O.C.G.A. § 18–4–60 et seq., the Eleventh Circuit of Appeals held that a bank account holder whose accounts included monies he had obtained from a workers’ compensation settlement and those that he received from monthly...

Washington: No Adjustment for Inflation Required In Computing Social Security Offset

In computing the social security offset required under Wash. Rev. Code § 51.32.220, the state’s Department of Labor and Industries need not adjust the claimant’s wages for inflation, held a state appellate court. The statute requires that a claimant’s workers’ compensation...

Trends to Watch in Workers’ Compensation Law

At the National Workers’ Compensation & Disability Conference last November, Brad Bleakney, a partner with Bleakney & Troiani, and Lora Northen, a Shareholder with Capehart Scatchard, led a seminar on recent trends in workers’ compensation. The following is a Q&A with Brad and...