Category: Issue commentary

Jun 21, 2017

Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides

In a highly anticipated decision, Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.), 2017 Pa. LEXIS 1401 (June 20, 2017), a split Supreme Court of Pennsylvania yesterday held that...

Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides Pennsylvania High Court Strikes Down Use of “Most Recent” AMA Guides
Jun 9, 2017

Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale

I should have noted this earlier, but anyone still holding his or her breath as to whether Arkansas might pass workers’ compensation opt out legislation during the Legislature’s 2017 session...

Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale Those Holding Their Breath for Arkansas Opt Out Legislation Can Exhale
Jun 7, 2017

Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic

Has the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...

Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic
Apr 12, 2017

Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill

As I indicated here in an earlier post (March 29, 2017), the Arkansas workers’ compensation “opt out” bill exists only as a shell, with literally no details contained in 2017...

Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill Arkansas Opt-Out Scenario—Still No Text in the Introduced Bill
Apr 12, 2017

Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death

In a case that echoes the plight of all too many injured workers in the U.S., the Supreme Court of Tennessee has overturned a decision of a state chancery court...

Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death Tennessee Widow Loses Battle Related to Injured Worker’s Overdose Death
Mar 29, 2017

Arkansas Opt-Out Bill: The Devil’s in the Details

Only There Aren’t any Details—at Least Not Yet Lately, I’ve seen a number of news items indicating that the Arkansas Legislature is considering an opt-out arrangement for its workers’ compensation...

Arkansas Opt-Out Bill: The Devil’s in the Details Arkansas Opt-Out Bill: The Devil’s in the Details
Feb 10, 2017

Like Oil & Water, Oxycodone and Xanax Don’t Mix

Nebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska employee was denied workers’...

Like Oil & Water, Oxycodone and Xanax Don’t Mix Like Oil & Water, Oxycodone and Xanax Don’t Mix
Jan 20, 2017

National Conference Session Points to Increase Use of Telemedicine for Injured Workers

In the past few years, a great deal of appropriate attention has been spent pondering various ways in which access to medical care could be improved for injured workers. Various...

National Conference Session Points to Increase Use of Telemedicine for Injured Workers National Conference Session Points to Increase Use of Telemedicine for Injured Workers
Jan 16, 2017

Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?

Martin Klug’s New Book Provides Important Insight During a famous incident that occurred in Sicily during August 1943, General George S. Patton, in two separate incidents, slapped U.S. Army privates...

Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue? Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?
Jan 5, 2017

Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies

As most of us are aware, OSHA’s final rule regarding, inter alia, anti-retaliation protections within the workplace was published May 12, 2016. Technically effective on August 10, 2016, OSHA delayed...

Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies Ohio Decision Illustrates Conflict Between OSHA’s New Anti-Retaliation Rule and Drug-Free Workplace Policies
Dec 31, 2016

The Top 10 Bizarre Workers’ Comp Cases for 2016

© Copyright 2016. Thomas A. Robinson. All rights reserved. For reprint permission, contact tom@workcompwriter.com. For the past ten Decembers or so, I have annually compiled what I think are the...

The Top 10 Bizarre Workers’ Comp Cases for 2016 The Top 10 Bizarre Workers’ Comp Cases for 2016
Dec 16, 2016

Shall We Dance—New Book Describes Complex, Psychological Tango Between Physician and Patient Over Opioid Prescriptions

Jane and I are seven days into a 10-day cruise to (and from) the Panama Canal. I’m gloating, of course. While even our native Durham, North Carolina, is currently shivering,...

Shall We Dance—New Book Describes Complex, Psychological Tango Between Physician and Patient Over Opioid Prescriptions Shall We Dance—New Book Describes Complex, Psychological Tango Between Physician and Patient Over Opioid Prescriptions