LexisNexis® Legal Newsroom
IA: Court Denies Workers’ Comp Claim for Bowling Party Injury

Citing Larson’s Workers’ Compensation Law (LexisNexis), the Iowa Court of Appeals denied the workers’ compensation claim of a man who said he sustained an injury at a company bowling party. Read it at Radio Iowa .

California EAMS: Verifications Are Now Required for Documents Filed by Lien Claimants

Pop Quiz Question: When does a "lien claimant" become a party in a litigated case per 8 CCR §10210(y)? a. The lien claimant files the application b. The lien claimant files a DOR c. The underlying case has been resolved d. The injured worker (IW) chooses not to...

KY: Schmidt v. South Central Bell: Back to the Future

By Marcus A. Roland, Esq. Schmidt v. South Central Bell , No. 2010-CA-000986-WC (Ky. App. 2011) .The statutory amendments removing the medical expenses cap in place under KRS 342.020 as enacted in 1962 were remedial, rendering the amendments retroactive. In Schmidt , a to-be-published Kentucky...

Beat the Clock: Implied Agreement in DE Enlarges Statute of Limitations to 5 Years

Okay this case is not really hot off the press, I am embarrassed to say. It was kindly brought to my attention by Henry Davis Esq... and supplied to me by Steve Morrow Esq. I am blogging about it with the belief that if I make a copy available with a few brief comments, some one some where will some...

Size Matters: NCCI Attributes Medical Costs Trends to Claim Categories

Many studies have analyzed why the medical componen t of workers' compensation costs have risen rapidly the past several years despite the recession. Explanations for the higher costs have ranged from increased workers' compensation prescription drug costs to the decline in the Dow Jones Industrial...

Federal: Work Comp Insurance Adjuster’s Retaliatory Discharge Action Fails When Investigation Shows She Padded Resume and Exaggerated Employment Experience

The Sixth Circuit Court of Appeals has affirmed a decision by a federal district court granting summary judgment in favor of an insurance company/employer sued for retaliatory discharge by a disgruntled claims adjuster, who contended she was improperly fired after she filed a workers’ compensation...

Federal: Bankruptcy Trustee Has No Claim to Worker’s MSA Held in Bank Account

A Federal Bankruptcy Court in Pennsylvania has held in relevant part that a Medicare Set-Aside is not subject to administration by a bankruptcy trustee because it is not property of the bankruptcy estate in spite of the fact that it might be held in a personal bank account maintained by the Chapter 7...