Category: Issue commentary

Feb 7, 2022

Battle Continues in Kansas Over Use of 6th Edition of AMA Guides

In the continuing battle in Kansas over the use of the Sixth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, a divided Court of...

Battle Continues in Kansas Over Use of 6th Edition of AMA Guides Battle Continues in Kansas Over Use of 6th Edition of AMA Guides
Jan 14, 2022

The Case of the Missing Case

In early January, one can reliably count on at least two things: first, that we’ll be bombarded by television commercials hawking diet aids, and second, that someone in the New...

The Case of the Missing Case The Case of the Missing Case
Aug 9, 2021

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant

Finding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant Utah IME Physician May Not Be Sued by Workers’ Comp Claimant
Jun 1, 2021

PA Court: Carefully Planned Suicide Still Compensable

Decision is Consistent with Majority Rule In a holding that is consistent with the dominant rule among American jurisdictions, a Pennsylvania appellate court recently affirmed a Board decision that awarded...

PA Court: Carefully Planned Suicide Still Compensable PA Court: Carefully Planned Suicide Still Compensable
Apr 12, 2021

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing

For some time now, in many states, when a worker has sustained a work-related injury requiring treatment at an emergency department or hospital, he or she typically has had two...

Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing Opinion Mondays: NY Recreational Marijuana Law Could End Most Post-Injury Cannabis Testing
Mar 30, 2021

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company

Lamenting that under the plain wording of Ky. Rev. Stat. § 342.165(1), a temporary staffing company can only be liable for the special 30 percent enhancement of workers’ compensation benefits...

Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company Safety Violation Cannot Be Imputed to Kentucky Temporary Staffing Company
Mar 29, 2021

Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges

Bankruptcy Court Nixes WI Claimant’s Effort to Avoid Paying Med Providers Where a Wisconsin worker settled a contested workers’ compensation claim with his employer and its insurer by means of...

Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges Opinion Mondays: Settlements in Contested Cases Can be Fraught With Equitable Challenges
Mar 22, 2021

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?

BRB Says Required Use of “Most Recent Version of Guides is Not Unconstitutional Delegation of Legislative Power In a decision that may have slipped beneath the radar of insurers, administrators,...

Opinion Mondays: As to AMA Guides, is There an Alternative to Protz? Opinion Mondays: As to AMA Guides, is There an Alternative to Protz?