Every dollar spent on workers’ compensation falls into one of two broad categories: benefits paid to injured workers—medical care and wage replacement—and the costs of delivering those benefits. The second...
New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering Benefits New York’s Hidden Cost Problem: WCRI Examines the Price of Delivering BenefitsIn Motors v. Bayly (Red House Motors d/b/a Bayly’s Garage), 2026 Del. LEXIS 92 (Mar. 2, 2026), the Delaware Supreme Court reversed a Superior Court decision that the high court...
Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor Coverage Delaware Supreme Court Reinstates IAB’s Denial of Sole Proprietor CoverageIn Publix Super Markets, Inc. v. Department of Financial Services, 2026 Fla. App. LEXIS 1469 (Fla. 1st DCA Feb. 25, 2026), the First District Court of Appeal recently held that...
Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy Provision Florida Court Invalidates Rules Expanding “Absolute Choice” Pharmacy ProvisionThe Florida First District Court of Appeal has reversed an award of 24-hour attendant care benefits where the only “prescription” supporting the award appeared in an Independent Medical Examiner’s report...
Florida Court: IME Report Is Not a “Prescription” for Attendant Care Florida Court: IME Report Is Not a “Prescription” for Attendant CareReversing a decision by the state’s court of appeals, the Supreme Court of South Carolina recently held that direct evidence supported the Workers’ Compensation Commission’s original determination that a certified...
South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent Contractor South Carolina Supreme Court Says Nurse Anesthetist Was Employee, Not Independent ContractorA federal district court judge ruled yesterday that nine fire department employees may maintain a civil action they had filed under the Racketeer Influenced and Corrupt Organizations [RICO] Act against...
Federal Judge in Phoenix Says RICO Case May Move Forward Federal Judge in Phoenix Says RICO Case May Move ForwardConstruing Wisconsin’s exclusive remedy defense, a federal district court recently refused to dismiss a civil action filed by a former principal against a school district alleging, among other things, intentional...
Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative Leave Federal Court (Wisconsin) Allows IIED Claim to Move Forward; Exclusivity Did Not Apply Since Plaintiff Was On Administrative LeaveConstruing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles...
Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee” Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”A former basketball player in the Women’s National Basketball Association, who never resided in California, played just one of her 34-game career within the state, and who suffered no specific...
Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game Career Board Lacks Subject Matter Jurisdiction Where Former WBNA Player Involved in Only One Game During 34-Game CareerYesterday (December 16), the Supreme Court of Oklahoma rejected an initial constitutional challenge to the controversial overhaul of the state’s workers’ compensation system via Senate Bill 1062, which allows, among...
Oklahoma High Court Rejects Initial Challenge to Opt Out Law Oklahoma High Court Rejects Initial Challenge to Opt Out LawThe Supreme Court of Iowa recently held in relevant part that undocumented workers are not excluded from the Workers’ Compensation Act’s definition of “employee” and that the contract of employment...
Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act Iowa: Undocumented Workers Are Protected by the Workers’ Compensation ActAs you may know, later this month (Nov. 20–22), attorneys, academics, claims managers, risk consultants, and others will gather at the 22nd Annual National Workers’ Compensation and Disability Conference &...
“Mental-Mental” Claims: Within Which Category Does West Virginia Fall? “Mental-Mental” Claims: Within Which Category Does West Virginia Fall?Reluctantly affirming a decision by a Judge of Compensation Claims that had awarded claimant’s counsel an attorney’s fee of only $164.54 for 107.2 hours of legal work reasonably necessary to...
Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of Work Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of WorkWhile Scripture may say, “Physician, heal thyself” [Luke 4:23, King James Version], that advice should apparently be avoided by professors of rehabilitation counseling. In a case replete with irony, the...
Virginia: Self-Treatment by Rehab Professor Nixes Benefits for Subsequent Injuries Virginia: Self-Treatment by Rehab Professor Nixes Benefits for Subsequent InjuriesLike every other state, Illinois has established an insolvent insurance fund–the Illinois Insurance Guaranty Fund–that steps in, under appropriate circumstances, to pay claims when an insurance company authorized to transact...
Illinois: Excess Coverage Policies Enjoy Same Exclusion From Guaranty Fund “Cap” on Payment as Primary Coverage Policies Illinois: Excess Coverage Policies Enjoy Same Exclusion From Guaranty Fund “Cap” on Payment as Primary Coverage PoliciesA Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeal Board, recently held that since a licensed practical nurse (LPN) was a “health care provider” under §...
Pennsylvania: Massage Therapy By LPN Held to be Compensable Expense Pennsylvania: Massage Therapy By LPN Held to be Compensable Expense
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