In a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...
KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report InadmissibleA decision by the New York Workers’ Compensation Board that a claimant should have been aware of the work-related nature of his back pain and injury in June 2017, at...
NY Board Errs in Setting Disablement Date for Repetitive Stress Injury NY Board Errs in Setting Disablement Date for Repetitive Stress InjuryAn Alabama appellate court reversed a final judgment entered by a state trial court that awarded an employee, in pertinent part, a scheduled permanent partial disability for a 59 percent...
Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled Benefits Complex Regional Pain Syndrome Supports Alabama Employee’s Claim for Unscheduled BenefitsNegligent post-injury conduct, such as exceeding the lifting restrictions placed on an injured employee’s activity cannot, in and of itself, constitute an independent intervening cause that would relieve the original...
Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting Limits Original TN Employer Liable for Medical Care in Spite of Employee’s Violation of Lifting LimitsYesterday, in a decision that is certain to draw attention in a host of other jurisdictions, the Supreme Judicial Court of Massachusetts, quoting Larson’s Workers’ Compensation Law, held a workers’...
Massachusetts High Court Says Comp Insurer Need Not Pay for Medical Marijuana Massachusetts High Court Says Comp Insurer Need Not Pay for Medical MarijuanaMore than 20 years ago, I engaged in an “animated” discussion with a good friend who, while now retired, was then a prominent orthopedic surgeon in the area. Because of...
Opinion Mondays: Medical Care for Injured Workers is a Foursome Opinion Mondays: Medical Care for Injured Workers is a FoursomeA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that directed that a claimant be weaned from his narcotic prescription medications in accordance with the...
NY Court Affirms Board’s Decision to Require Weaning From Opioids NY Court Affirms Board’s Decision to Require Weaning From OpioidsNebraska 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 MixJane 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