That a California employer and/or its workers’ compensation insurer might have a subrogation interest in the proceeds of any recovery in a third-party negligence action originally filed in a state...
California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District Court California Employer/Insurer’s Right to Subrogation Does Not Bar Removal of Case to Federal District CourtThat an employer had paid for home health care by an agency in the past did not necessarily mean the care provided by an injured employee’s spouse was compensable under...
Virginia Court Reverses Award of Home Health Care Provided by Spouse Virginia Court Reverses Award of Home Health Care Provided by SpouseWhere a claimant worked six days a week from February 13, 2017 until May 14, 2017, when he sustained work-related injuries, earning $12,130.76 for the thirteen-week period, it was error...
NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before Injury NY Court Weighs in on AWW Computation for Claimant Working Substantially Less Than Full Year Before InjuryTestimony by the employer’s independent medical examiner, in which the physician opined that the major contributing cause of claimant’s need for treatment for his respiratory condition was his 17-year history...
Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung Condition Florida IME MD Need Not be Board-Certified Pulmonologist to Testify as to Causation of Lung ConditionIn the first appellate decision from New York to deal with the intersection of the state’s medical marijuana law with its Workers’ Compensation Law, a state appellate court recently held...
NY Court Hints that Employer Might be Required to Pay for Medical Marijuana NY Court Hints that Employer Might be Required to Pay for Medical MarijuanaIn a divided decision, a Florida appellate court found that a state trial court had erred when it dismissed an action filed by an injured worker against her workers’ compensation...
Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical Providers Injured Worker May Proceed Under Florida’s Consumer Practices Act Against Her Medical ProvidersStressing that net profits from the operation of a principal’s subchapter S corporation are not the equivalent of wages earned, the Supreme Court of Nebraska affirmed a determination by the...
Nebraska Small Business Owner Entitled to $49 Weekly Benefit in Spite of Profits of $200,000 Per Year Nebraska Small Business Owner Entitled to $49 Weekly Benefit in Spite of Profits of $200,000 Per YearSection 306(a.3) Mandating Use of AMA Guides, 6th Ed., Stands In enacting 77 Pa. Stat. § 511.3, which mandates a physician’s use of the American Medical Association “Guides to the...
PA Court Says “Protz-Fix” is Constitutionally OK PA Court Says “Protz-Fix” is Constitutionally OKYesterday (October 10, 2019), the Ninth Circuit Court of Appeals reversed a decision by a U.S. District Court for the Central District of California in which the lower court had...
Ninth Circuit Says California’s Insolvency Fund Need Not Reimburse CMS for Medicare’s Conditional Payments Ninth Circuit Says California’s Insolvency Fund Need Not Reimburse CMS for Medicare’s Conditional PaymentsA New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had denied workers’ compensation benefits to a Volunteer Community Ambassador for the Red Cross...
NY Red Cross Volunteer May Not Recover for Injuries During Charitable “Work” NY Red Cross Volunteer May Not Recover for Injuries During Charitable “Work”A New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board denying a claim for failure to provide proper notice to the workers’ compensation carrier where...
NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim Filing NY Claim Denied Where Carrier Was Prejudiced by Two-Year Delay in Claim FilingIn Louisiana, a positive drug test following a work-related injury may not be offered as evidence that the injured worker’s injuries were the result of intoxication at the time of...
Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana